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ACT 11-1974 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 65, 1974ADMINISTRASI. Infrastructure. Watering. The provisions of principal watering. (Additional explanation in the State Gazette of the Republic of Indonesia Number 3046)
Law of the Republic of INDONESIA number 11 in 1974 ABOUT WATERING with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that water along with its resources, including natural resources contained therein, it is the gift of God Almighty which has the benefits of versatile and it takes a man of all time, both in the field of social economy and culture;
.,, b. that Earth and water and natural resources contained therein are controlled by the State and used to sebesar-besar people's prosperity in a fair and equitable;
.,, c. that its utilization must be devoted to the interests and well-being of the people while creating growth, social justice and the ability to stand on its own strength towards a fair and prosperous society based on Pancasila;
.,, d. 1936 Algemeen Waterreglement that has not been true for the whole of Indonesia and other legislation concerned with the perceived watering is not in accordance with the developments and circumstances in adults;
., e., that for that purpose the implementation of the above, the need for legislation regarding mandatory watering national and tailored to the development of conditions in Indonesia, both in terms of economic, social and technology, to be used as the Foundation for the preparation of subsequent legislation;
.,, Considering: 1. Article 5 paragraph (1), article 20 paragraph (1), article 27 and article 33 paragraph (3) of the Constitution of 1945;
., ,2. The Ordinance of the people's Consultative Assembly of the Republic of Indonesia number IV/MPR/1973 of the outlines of the bow of the State;
., ,3. Act No. 5 of 1960 concerning the basic regulation of the Agrarian issues (State Gazette of the Republic of Indonesia Number 104 in 1960, an additional Sheet of the Republic of Indonesia Number 2043);
., ,4. Act No. 9 of 1960 about the fine points of health (State Gazette of the Republic of Indonesia in 1960, no. 131, an additional Sheet of the Republic of Indonesia Number 2068);
., ,5. Act No. 11 of 1962 on Hygiene For businesses for public (State Gazette of the Republic of Indonesia Number 48 of 1962, an additional Sheet of the Republic of Indonesia Number 2475);
., ,6. Act No. 5 of 1967 of the staple provisions of forestry (State Gazette of the Republic of Indonesia in 1967, number 8, additional sheets of the Republic of Indonesia Number 2823);
., ,7. Act No. 6 of 1967 of the staple provisions of animal husbandry and animal health (State Gazette of the Republic of Indonesia in 1967, number 10, an additional Sheet of the Republic of Indonesia Number 320);
., ,8. Law number 11 of 1967 concerning the provisions of principal mining (State Gazette of the Republic of Indonesia number 22 of 1967, an additional Sheet of the Republic of Indonesia Number 2,831);
., ,9. Act No. 5 of 1974 about the fine points of governance in the area of (State Gazette of the Republic of Indonesia Number 38 in 1974, an additional Sheet of the Republic of Indonesia Number 3037);
With the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA DECIDES: setting: the law on IRRIGATION.
CHAPTER I the SENSE of article 1 In this law are: 1. "country" is the country of the Republic of Indonesia;
2. "the Government" means the Government of the Republic of Indonesia;., 3. "Water" is all the water contained in or derived from the water sources, both contained above or below ground level, are not included in this sense of the water contained in the sea;
., ,4. "Water resources" are the places and containers-water containers, both contained above, or below the surface of the ground;
., ,5. "Pegairan" is a field of coaching on water, water sources, including the wealth of animal nature is not contained in either natural or who have laboured by humans;
., ,6. "Tata water management" is any effort to regulate the construction of such possession, domination, management, use of concessions, and supervision over the water with its natural wealth, including animal not contained therein, in order to achieve the maximum benefits in fulfilling his life and the lives of people;
., ,7. "The grammar of Irrigation" is the arrangement and layout of water resources and irrigation buildings or according to the provisions of the engineering sector in the pembinaanya region of irrigation;
., ,8. "Water Governance" is the arrangement and layout of water as mentioned in number 3 of this article;
., ,9. "The construction of Waterworks", are all efforts to develop the utilization of the water with his sources with planning and technical planning an orderly and harmonious in order to achieve the maximum benefit in fulfilling his life and the lives of people;
., .10. "Planning" are the activities and efforts to formulate something basic guidance to something action in a broad scope and macro scale, as a result of the identification and processing of basic tasks, the main task, cetusan, ideas, knowledge, experience and circumstances; 11. the "plan" is the result of planning;., 12. "Technical Planning" are activities and efforts to formulate the details of the plan as a basis and guidance to something action in a certain scope and scale rmikro and technical nature; 13. "the technical Plan is the result of technical planning.
CHAPTER II article 2 FUNCTIONS of water with its natural wealth, including terkan dung in it, as referred to in article 1 point 3, 4 and 5 of this Act has the social function and is used to sebesar-besar the people's prosperity.
CHAPTER III RIGHTS and POWERS article 3, (1) water with its natural wealth, including the contained didalanmya as referred to in Article 1 point 3, 4 and 5 of this Act by the State.
.,, (2) the right to master the State under subsection (1) of this article gives authority to the Government to:.,, a. Managing and developing water and expediency or water sources;.,, b. Concoct confirms, and or give permission based on the planning and layout of technical planning water management and irrigation;
.,, c. regulate, authorize and give permission or appropriation, use, and provision of water, or water sources;
.,, d. Regulate, authorize and give permission or concession, and water or water sources;
.,, e. determine and regulate the deeds of the law and legal relations between a person and a legal entity or in the water and or water sources;
.,, (3) the implementation of the above provisions of paragraph (2) of this article remains respectful of rights owned by local indigenous communities, all is not contrary to the national interest.
Article 4 of the Government's Authorized as mentioned in article 3 of this law, it can be delegated to agencies-government agencies, both regional and Central as well as agencies or certain legal requirements and his methods are regulated with a government regulation.
Article 5, (1) the Ministers entrusted the task of watering affair, given the authority and responsibility to mengkordinasikan segata setting planning efforts, technical planning, supervision, business development, maintenance, and protection and use of water and water sources or, having regard to the interests of departments and or agencies concerned.
.,, (2) management of the administratip over the underground springs and hot springs as a source of minerals and energy is beyond the authority and responsibility of the Minister referred to in subsection (1) of this article.
Article 6 in the case or taken into account will be the consequence of a disaster the loss of property as well as the soul, the Government is authorized to take actions for the conserving by setting up security activities which can deviate from the provisions of this Act.
Article 7 Setting the authority referred to in articles 4, 5 and 6 of this Act, be regulated more by government regulations.
CHAPTER IV PLANNING and TECHNICAL PLANNING, article 8, (1) Tata Tata and Irrigation water management and Irrigation Development was drawn up on the basis of the planning and technical planning intended for the public interest.
.,, (2) planning and technical planning Results in the form of plans and plans technical layout, water management and irrigation as well as the irrigation development in paragraph (1) of this article, drawn up for the purposes of real people's fields by observing the order of priority.
.,, (3) plans and technical plans mentioned in paragraph 2 of this article, (compiled in order to obtain good water governance based on the basic pattern of national development and implemented for the benefit of the nonprofit national, regional and local.
Article 9 as the basis for planning, development and its utilization, held research and inventory to know the rich natural capital in the form of water, along with its resources in all regions of Indonesia.
Chapter V the CONSTRUCTION Section 10.,, (1) the Government sets out procedures for the construction of irrigation activities in order according to their fields, each in accordance with its role and functions, including:.,,.,, a. Specify requirements and arrangements, technical planning, use of concessions, licensing, supervision and utilization of water and or water sources;
.,, b. organize and carry out the management and development of water resources and irrigation networks (channels with the buildings) sustainably and to achieve the maximum effectiveness;
.,, c. Perform prevention of occurrence of contaminating water that can harm its use and the environment;
.,, d. Do safeguards and control power or water damaged against the surrounding areas; e. Conducts research and investigation into the sources of the water;., f., Arrange and organize outreach and special education in the field of irrigation.
.,, (2) the Ordinance as the coaching under subsection (1) of this article, further regulated by government regulations.
CHAPTER VI article 11. CONCESSION, Concession, (1) water and or water resources aimed at improving the people's welfare for kemanfaatannya was essentially carried out by the Government, both the Center as well as the region. (2) a legal entity, the agency or the individual and social.
doing the business of water and or water sources, must obtain permission from the Government, with the holding to the principle of joint ventures and as a family.
(3) the implementation of this article is further regulated by government regulations.
CHAPTER VII the EXPLOITATION and MAINTENANCE of the article 12 in order to ensure the sustainability of the function of buildings watering to keep the grammar of irrigation and good water governance, necessary activities of exploitation and maintenance and repair-repair the buildings the conditions of watering:.,, a. For the waterworks buildings intended to provide direct benefits to the community group, something done by requiring the community, either in the form of legal entity, individual or Social Agency , which benefit directly from the existence of the buildings, that its implementation is governed more by government regulations.
., a, b. For waterworks buildings devoted to the welfare and safety of the public is basically done by the Government, both the Center as well as the region.
CHAPTER VIII PROTECTION of article 13.,, (1) water, water sources and their buildings waterworks must be protected and secured, maintained and preserved, so that it can fulfil its function as mentioned in article 2 of this law, by the way:.,, a. Conducting rescue efforts of land and water;.,, b. do the security and control of water damaged power against his sources and the surrounding area;
.,, c. Perform prevention of occurrence of contaminating the water, that can harm the environment and usage;
.,, d. Do safeguards and protection against buildings waterworks, so keep working properly.
.,, (2) implementation of subsection (1) of this article is further regulated by government regulations.
CHAPTER IX FINANCING Article 14.,, (1) any financing to conduct activities in the framework of water management and Governance construction of Waterworks regulated further by the Government.
.,, (2) community who benefit directly from the presence of buildings waterworks, well to be organised more as well as for the purposes of itself can be taken include financing as a substitute service bear management.
.,, (3) legal entities and Charities, or individual who benefited from the presence of buildings waterworks, well to be organised more as well as for the purposes of its own, is obligated to join the bear the financing in the form of dues that were given to the Government.
.,, (4) the implementation of subsection (2) and (3) of this article is further regulated by government regulations.
CHAPTER X CRIMINAL PROVISIONS Article 15.,, (1) is liable to a prison sentence ever: 2 (two) years and or a fine extended $500 (five million rupiah):.,,.,, a. anyone who intentionally do business of water and or water sources that are not based on planning and technical planning of water management and governance governance watering and irrigation development, as mentioned in article 8 paragraph (1) of this Act;
.,, b. anyone who intentionally do business of water and water sources or without the permission of the Government as mentioned in article 11 paragraph (2) of this Act;
.,, c. anyone who already obtained permission from the Government for concessions of water and the water source or sources as mentioned in article 11 paragraph (2) of this Act, but do not deliberately or intentionally did not participate and assist in the efforts to save the land, water, water sources and irrigation buildings such as in article 13 paragraph (1) letter a, b, c, and d of this Act. (2) criminal Deeds referred to in subsection (1) of this article is a crime.
.,, (3) Whoever because negligence led to the infringement of the provisions in article 8 paragraph (1), article 11 paragraph (2) and article 13 paragraph (1) letter a, b, c and d of this Act, is liable to a penalty of confinement for ever 3 (three) months and fines or extended Rp 50,000 (Fifty thousand dollars). (4) criminal Deeds mentioned in paragraph (3) of this article is a violation of.
CHAPTER XI TRANSITIONAL PROVISIONS article 16 All legislation in the field of irrigation the elah things are not contrary to this Act, otherwise continue to apply, as long as not yet held the new based on this law.
CHAPTER XII CLOSING PROVISIONS article 17 this Act comes into force on the date of promulgation.
So that every one can know it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.
.,, Enacted in Jakarta, on December 26, 1974 the PRESIDENT of the REPUBLIC of INDONESIA, the TNI GENERAL SUHARTO.
Enacted in Jakarta on December 26, 1974, MINISTER/STATE SECRETARY, SUDHARMONO, S H.
COUNTRY GAZETTE EXTRA RI No. 3012 (explanation of the 1974 State Gazette Number 65) EXPLANATION for the law of the Republic of INDONESIA number 11 in 1974 ABOUT WATERING a. GENERAL EXPLANATION.,, 1. Understandably that our nation has been blessed by God Almighty with a variety of natural resources available in the country Indonesia. One of them is water with sources such as rivers, lakes, reservoirs, marshes, springs, layers of water in the soil that is absolutely needed by the human beings of all time either directly or indirectly. Therefore, Earth and water and natural resources contained therein are controlled by the State and used to sebesar-besar people's prosperity in a fair and equitable.
.,,.,, for that, the utilization of the water with its resources must be devoted to the interests and well-being of the people of real fields, whether economic, social, cultural as well as the defence of national security, as well as creating growth, social justice and the ability to stand on its own strength towards a fair and prosperous society based on Pancasila.
.,, Therefore, water with his sources that must be protected and preserved. In order for that purpose can be achieved as well as possible, the Government needs to take measures and actions as necessary.
Thus, in accordance with the nature of the Republic of Indonesia as the country's law, shall be to the efforts and actions are given a firm legal basis, clear, complete and thorough in order to guarantee legal certainty for the benefit of the people and the Country and one of the steps forward towards the creation of unification of law in the field of irrigation.
., ,2. The legal regulations that exist on the issue of water and water sources or felt is no longer appropriate to the situation nowadays and do not meet the goals that we expect compliance with the Pancasila and the 1945 Constitution.
.,,.,, Algemeen Waterreglement in 1936 which is the basic legislation rather than on setting water problems more operates on activities to arrange and take care of one of the areas of water use, but do not provide a solid foundation for development efforts of use/utilization of water and water resources or in order to improve the standard of living of the people and is valid only in some parts of Indonesia, especially in Java and Madura.
., ,3. Watering is the field of coaching on water and water resources, including natural resources animal not contained therein, either naturally or have been worked by humans.
.,,.,, Watering is meant in this Act is not merely an attempt to provide water for purposes of agriculture (irrigation), but broader than it is the utilization as well as water management and water resources which include among other things:.,, a. irrigation, i.e. provisioning and water management efforts to support agriculture, either surface water or groundwater;
.,, b. development of marshy soil maturation, i.e., those areas include swamp for agriculture;
.,, c. flood control and settings as well as the effort to the improvement of rivers, reservoirs and so on;
.,, d. setting the provision of drinking water, urban water, industrial water, and prevention of pollution or water staining and so on.
., ,4. The law on Irrigation it should have the following characteristics:.,,.,, a. simple, but quite able to cover a far future prospects, according to the State according to the time or place.
.,, b. Contains wisdom-wisdom to become the basis for regulations to further their implementation;
.,, c. covers all establishments in the field of irrigation, so that really can be the basis for the rules for each facet, which further arrangements will be arranged individually.
., ,5. The Act is in the first chapter contains some sense of common terms used in the waterworks that provided for in this Act for the purpose of avoiding differences of interpretation, because until this time in the field is still widely used term that has yet to get a sense of unity.
., ,6. As already mentioned above that given the water with its natural wealth that is absolutely necessary to his human life, then in the Act is stated, that the water along with its resources controlled by the State and the exercise of the authority delegated to the control of the Government, both the Center as well as the region.
.,,.,, in addition to this Act can grant specific authority from the Government to the Agency-specific legal bandan, who syarat-syaratnya orchestrated by the Government, with respect for the rights owned by the local customary law community is a community based on the life of its customs nomenclature, customs and religious, including the institutions of the communities which are socially religiously all the rights according to the reality really is still there and its implementation must be such that it does not interfere with the achievement of the objectives specified in this Act and the rules of its implementation as well as not contrary to the interests Nationwide.
B. EXPLANATION OF THE ARTICLE FOR THE SAKE OF THE ARTICLE.
Section 1.,, the terms defined in this article is intended to so that there is uniformity of understanding over the content of these laws and regulations implementation.
Figure 1: self explanatory.
Figure 2: self explanatory.
Figure 3: in the sense of "water" here excluded water on its own, and as a source of water. Thereby, sea water, while in the sea are not regulated by this Act, but if the sea water has been utilized on land to be used for various purposes, then this Act prevails over the water.
Figure 4: including the water source is, among others, rivers, lakes, reservoirs, swamps, springs and layers of ground water.
Figure 5: the sense of "Flow" is a field of construction should continue to be carried out and developed with the best coaching and development of the field is done through the tata water management aimed at achieving tata tata over irrigation water as formulated in figures 6, 7 and 8. The wealth of animal nature is not what is meant here is such as sand, gravel, stone and so on which is contained in the water source; not including minerals and minerals.
Figure 6: pretty self-explanatory.
Figure 7: is the area of irrigation in this figure is an area that gets leverage over organizing efforts in the field of irrigation and may include some of the region of administratip.
Figure 8: self explanatory.
Figure 9: pretty self-explanatory.
Figure 10: self explanatory.
Figure 11: pretty self-explanatory.
Figure 12: self explanatory.
Figure 1: self explanatory.
Article 2, in order to achieve the social functions for the benefit of the people, the water with its resources allocated to meet the needs of life and perikehidupan of man in all fields, well, mundane, as well as the spiritual.
Article 3, paragraph (1).,, is quite clear. Paragraph (2).,, the right controlled by States aroused the interest of the authority to do the outline as noted on the letter a to letter e.
These activities include the necessity to protect as well as securing water and water sources or to maintain the sustainability function. Paragraph (3), which is the local indigenous community that is based on the life of its governance and religious habits, as well as institutions of the communities which are socially religious.
Article 4, Pelimpahan, the implementation of the authority of the State to specific legal agencies such as regulated in this chapter, intended to give a chance to the people to develop the utilization as well as the business of water and or water sources.
Article 5, paragraph (1), the Secretary, the appointment of the task entrusted the Affairs of the mengkordinasikan problem in Irrigation Development, water utilization and water sources or is necessary and important to get unity follow-up between Ministers or heads of agencies in implementing the relevant authority with the field irrigation. Paragraph (2).,, is quite clear.
Article 6, or in the event of a disaster would be considered the consequence of loss of property as well as the soul, the Government was authorized in addition to deviate from the provisions of this law, in practice it can also hold a diversion over rights that had existed over the water and the water sources that are owned by another party.
Article 7 this Article, giving a foundation to the Government in carrying out its competence in relation to articles 4, 5 and 6 which will be regulated in a government regulation.
Article 8, paragraph (1).,, is quite clear. Subsection (2), a, is the people's needs in all fields based on perioritasnya is, among others, include: a. a. drinking water;
c. the defence and national security;
d. Worship;., e., urban Ventures, for example: fire prevention, flushing out, watering the plants and so on. B. a. Agriculture, farming folk and other agricultural Businesses;
b. the farm;
C. a. Workforce;
d. the water Traffic;
e. recreation. Paragraph (3).,, is quite clear.
Article 9,, research and inventory is extremely necessary in order to determine the direction and the basis of the planning and the technical planning of the development and utilization of water and or water sources. This business can not be done in such circumstances called for by article 6 of this Act.
Article 10, paragraph (1), the definition of their field, each in accordance with its role and function is as construction of the rivers, irrigation, water for industry, water for urban business, clean water for drinking and other domestic purposes and so on.
Extension like the letter f is intended to provide an understanding of the things that's concerned with the activities of irrigation, in order to recapitalise the society keep sustainability function off on irrigation networks and simultaneously to increase the ability of the people.
Special education more addressed to the officers own watering. Paragraph (2).,, is quite clear.
Article 11, Concession, and water or water sources here interpreted, that effort increased benefit and water or water sources that are aimed at seeking direct monetary income by community groups employers, both in the form of legal entity, individual or Social Agencies, by always holding to the principle of joint ventures and as a family.
What is meant by joint ventures and family is among other developing cooperatives.
Article 12, exploitation activities, and maintenance as well as much needed improvements, in addition to maintaining the integrity of the buildings the watering itself also instill a sense co-owns and thus has a sense of responsibility from any community groups, especially those that directly benefit over water and or water sources.
Community groups here meant business group economy within society, such as farmers, community groups community groups entrepreneurs, both an agricultural production concession, and not an agricultural or service.
Article 13, paragraph (1).,, Do rescue attempts that land and water on the letter a was carried out among others by performing the construction of protected forest and other vegetation, or any type of erosion control and so on. Paragraph (2).,, is quite clear.
Article 14, paragraph (1).,, is quite clear.
Subsection (2), this provision is primarily aimed to society (including legal entities, Charities, and individuals) who perform activities that are not aimed at or not looking for profit. To the people who benefit directly from the presence of buildings included in the watering can bear the financing for the exploitation and maintenance of the as referred to in article 12 letter a of this Act, the ownership of not aggravating the burden of society. Paragraph (3),, is a legal entity, the agency or individual of the society and in this paragraph are those who try to profit from exploiting the water and or water sources, such as the efforts of industry, forestry, mining. Subsection (4),, is quite clear.
Article 15, paragraph (1) and (2), the provisions of article was meant to provide a legal basis for prosecution for crimes that are not regulated in the PENAL CODE, in particular Chapter VII, article 187 188, 190, 191, 202, 203, which governs crimes, which directly have a substantial danger to public safety, people and goods, but that specifically and directly related to this legislation.
Due to the result of the deeds of the law who deliberately done contrary to this Act can also pose a danger to public security, the people as well as goods, then the deeds of the law is considered a crime. Paragraph (3) and (4),, acts committed upon negligence or due to lack of knowledge, thus a violation of the clauses in this paragraph, is considered a violation.
Article 16, these terms, the intent is to avoid a vacancy of law (rechtsvacuum) in irrigation.
Article 17,, is quite clear
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