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Act No. 11 Of 1974

Original Language Title: Undang-Undang Nomor 11 Tahun 1974

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 65, 1974 ADMINISTRATION. Prasarana. Water. The underlying provisions of the water. (An explanation in the Additional Gazette of the Republic of Indonesia Number 3046)

CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 11 YEAR 1974
ABOUT
WATERING

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. That the water and its sources, including the wealth of nature, is the gift of the Almighty God, which has the benefit of all time, and is needed in all times, both in the field of social and cultural economy.
., b. That the earth and the water and the wealth of nature, which are contained therein, are in the dominion of the State, and are used for a great and fair share of the people.
., c. that its sweeteners should be encoded to the interests and well-being of the people who are at once creating growth, social justice and the ability to stand up on their own strength towards a fair and prosperous society based on Pancasila;
., d. that the Algemeen Waterreglement of 1936 has not been in effect for all of Indonesia and other laws concerned with the watering felt are no longer compatible with the development and circumstance of these adults;
., e. That for the purpose of this purpose, there is need to be an Act on the water that is national and adapted to the development of the state in Indonesia, well reviewed in terms of economic, social and technological terms, to be used. the foundation for the composition of the next laws;

.,, Given: 1. Section 5 of the paragraph (1), Section 20 of the paragraph (1), Article 27 and Article 33 of the paragraph (3) of the Basic Law of 1945;
., 2. The Decree of the Consultative Assembly of the People's Republic of Indonesia Number IV/MPR/1973 on the Great outlines of the country's bow;
., 3. Law Number 5 of the Year 1960 on the Basic Regulation of the Foundation of Agrarian (State of the Republic of Indonesia in 1960 No. 104, Additional Gazette of the Republic of Indonesia Number 2043);
., 4. Law Number 9 Of The Year 1960 On The Poes Of Health (state Sheet Of The Republic Of Indonesia In 1960, Number 131, Additional Sheet Of The Republic Of Indonesia Indonesia Number 2068);
. .5. Law No. 11 Of The Year 1962 On Hygiene For Enterprises To-general (sheet Of State Of The Republic Of Indonesia In 1962 Number 48, Additional Sheet Of State Of Indonesia Number 2475);
., 6. Law No. 5 of 1967 on the provisions of the Forestry Staple (sheet of State of the Republic of Indonesia of 1967 Number 8, Additional Gazette of the Republic of Indonesia Number 2823);
., 7. Law No. 6 of 1967 on the provisions of the Staple Farm and Animal Health (State of the Republic of Indonesia in 1967 Number 10, Additional Gazette of the Republic of Indonesia Number 2824);
., 8. Law No. 11 of 1967 on the provisions of the Mining Staple (sheet of State of the Republic of Indonesia in 1967 No. 22, Additional Gazette of the Republic of Indonesia Number 2831);
., 9. Law No. 5 Year 1974 on the Poes of Government in Regions (State Gazette Indonesia Year 1974 Number 38, Additional Gazette of the Republic of Indonesia Number 3037);

With Approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL

DECIDED:

Establish: LEGISLATION ON WATERING.

BAB I
UNDERSTANDING

Section 1
In this Act referred to:
1. "Country" is the State of the Republic of Indonesia;
2. "Government" is the Government of the Republic of Indonesia;
., 3. "Water" is all water that is in and or from the sources of the water, both above and below the surface of the earth, not in this sense of water that is in the sea;
., 4. "Water Resources" is the places and vessels of water, both above, and below the surface of the ground;
. .5. "Water in water, water sources, including the wealth of nature is not the animal that is contained in it both natural and human."
., 6. "Water Settings" means any attempt to set up coaching such as ownership, mastery, management, use, enterprise, and surveillance of water and its sources, including the natural wealth of not the animal contained therein, In order to achieve great benefit in fulfilling the life and the fairies of the people's life;
., 7. "Watering" is the layout and location of water sources and water buildings according to the provisions of the culling techniques in the water region;
., 8. "Water Governance" is the composition and location of water as referred to in this 3-article figure;
., 9. "Water Development", is that any attempt to develop water utilization and its resources with regular planning and technical planning and to achieve its greatest benefits in fulfilling life and fairy life. People;
., 10. "Planning" means the activities and efforts to formulate a tuntunan basis for something of an action in a broad and macro-scale space, as a result of the relationship and processing of the principal task, the main task, the disconnect, and the processing of the underlying system. ideas, knowledge, experience and circumstances;
11. "Plan" is the planning result;
., 12. "Technical Planning" means the activities and efforts to formulate the details of the plan as the basis and the guidance in order for an action in a specific and multi-scale scope and is technical;
13. The "Technical Plan" is the result of technical planning.

BAB II
Function

Section 2
The water and its sources, including the richness of the natural dung in it, are referred to in Article 1 of 3, 4 and 5 of this Act have social functions and are used for the great prosperity of the People.

BAB III
CONTROL RIGHTS AND AUTHORITY

Section 3
The water and its sources, including the natural wealth, are found in Article 1, 3, 4, and 5 of these Acts are governed by the State.
.,, (2) the Right to Control by the Country in paragraph (1) this section authorizes the Government to:
., a., a.r as such in Section This Act;
., b. Any person who intentionally does water and/or water resources without permission from the Government as it is in Section 11 of this paragraph (2) of this Act;
., c. of any person who has obtained permission from the Government for the company of water and or water sources as such in Article 11 (2) of this Act, but intentionally did not perform and or intentionally did not help. In the business of saving land, water, water sources and watering buildings as such in Article 13 of the paragraph (1) letter a, b, c, and d This Act.
(2) The criminal artificial being referred to in paragraph (1) this section is a crime.
., (3) Whose goods are due to the occurrence of a breach of such provision in Article 8 of the paragraph (1), Article 11 of the paragraph (2) and Article 13 of the paragraph (1) letter a, b, c and d of this Act, threatened with sentence of confinement for ever 3 (three) months and or a fine of high-height Rp50,000,-(Limapuluh thousand rupiah).
(4) The criminal offence referred to in paragraph (3) this section is a violation.

BAB XI
THE TRANSITION PROVISION

Section 16
All laws in the field of watering that are not in conflict with this Act are stated to remain in effect, as long as it has not been held in a new basis under this Act.

BAB XII
CLOSING PROVISIONS

Section 17
This law goes into effect on the promulgated date.

In order for everyone to be able to find out, order this Act with its placement in the State Sheet of the Republic of Indonesia.

.,, Dislocated in Jakarta,
on December 26, 1974
PRESIDENT OF THE REPUBLIC OF INDONESIA,

SUHARTO
GENERAL TNI.
Promulgated in Jakarta
on December 26, 1974
MENTERI/SECRETARY OF STATE
REPUBLIC OF INDONESIA,

SUDHARMONO, S H.


ADDITIONAL
STATE SHEET RI

No. 3046 (Explanation Of State Sheet In 1974 Number 65)

EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 11 YEAR 1974
ABOUT
WATERING

A. GENERAL EXPLANATION

., 1. It has been accepted that our nation is blessed by the Almighty God with the vast wealth of nature available on the Earth of the country. One of these is water and sources such as rivers, lakes, reservoirs, marshes, springs, springs, layers of water in the land that is required by humans throughout both direct and indirect times. Thus, the earth and the water and the wealth of nature are contained therein, and are used for a great and fair share of the people's prosperity.
.,
., for that, the utilization of water and its resources must be encoded to the interests and well-being of the people across the field, whether the economic, social, cultural and national security areas, which are at once creating growth, Social justice and the ability to stand up on their own power towards a fair and prosperous society based on Pancasila.
Therefore, the water and its sources are to be protected and preserved. In order for such intent to be achieved well, the Government needs to take steps and measures as necessary.
., as such, in accordance with the order of the Republic of Indonesia as the State of the Law, it must be to the efforts and the measures to be given a clear, clear, complete and complete legal basis to ensure the certainty of certainty. laws for the interests of the People and the State and are one step forward in the direction of the creation of law in the field of watering.

., 2. The existing laws of water and water sources are perceived to be unsuitable for these adult states and do not meet the ideals that we hope in accordance with Pancasila and the Basic Law of 1945.
.,
.,, Algemeen Waterreglement in 1936 which is the basis rather than legislation on regulating water issues more menalic on the activities to organize and take care of one of the water use areas only but do not provide a strong basis for the efforts of developing water and water resources to improve the life of the People's lives and apply only in parts of Indonesia, especially in Java and Madura.

., 3. Water and water sources, including the wealth of nature, are not the animals that are contained therein, both natural and human.
.,
The irrigation of this law is not merely an attempt to provide water for agricultural purposes only, but the use of water and water sources are more important. Includes the following:
., a., a. irrigation, the provision of the provision and setting of water to support the farm, either surface water and groundwater;
., b. the development of the swamp area, which is the maturation of land of the swamp regions among others for agriculture;
.,, c. flood control and settings as well as efforts for river repair, reservoirs and so on;
., d. the setting up of the provision of drinking water, urban water, industrial water, and the prevention of water pollution or polluters and so on.

., 4. The laws of the Waters must have the following features:
.,
., a., a. Simple, but enough can include the prospect of a distant future, in accordance with the circumstances according to time and place.
., b. It contains wisdom to be the basis for the rules of implementation.
., c. It encompasses all aspects of the waterworks, in order that it can be used as a basis for the rules for each other, whose rules will be set in its own right.

. .5. This law in the first chapter contains some definitions of terms that are commonly used in the field of the water set up in this Act with the intention of avoiding interpretation differences, as it is in this time in the field of the law. It's still a lot of use of terms that don't get the unity

., 6. As it has been mentioned above that given the water and its resources is an absolute wealth of nature needed for human life, then in this Act it is stated, that the water and its resources are controlled by the state and the state. The authority of its authority is devolve to the Government, both the Centre and the Regions.
.,
., in addition, this Act may bestow certain authority from the Government to certain laws and laws, whose terms are governed by the Government, with respect to the rights of the customary law society. And the people of the local people, according to their customs, customs, and religion, are among the people of the society that are religious in their own right, according to the fact that there is no truth, and the practice of the people. in such a way that it does not interfere with the goals that Set forth in this Act and the rules of implementation and do not conflict with the National's interests.

B. EXPLANATION OF THE SECTION BY SECTION.

Section 1
., the terms formulated in this section are intended to have a uniformity understanding of the contents of this Act as well as the rules of implementation.
Figure 1: Clear enough.
Figure 2: Clear enough.
Figure 3: In the sense of "Water" here, it is excluded from the water that is in the sea and its own sea as a source of water. So the sea, while in the sea, is not governed by the a legal basis for the prosecution of crimes not governed in the Penal Code, in particular Chapter VII of chapters 187 188, 190, 191, 202, 203, which set up crime-crimes, which directly brought in. dangers for general safety, people and goods, but which are specifically and directly related to this Act.
As a result of the legal actions that are purposefully opposed to this Act may also pose a danger to public safety, persons and goods, hence the act of the law is judged to be a crime.
Verse (3) and (4)
., the Perartificial being committed over negligence or due to lack of knowledge, so there is a breach of such articles in this paragraph, assessed as a violation.

Section 16
.,, the intent of this provision is that there is no legal vacuum (rechtsvacuum) in the water.

Section 17
.,, pretty clear