Media release

The Constitutional Court has conducted court session to have a preliminary examination for case number 73/PUU-XVII/2000, on Thursday, September 10, 2020. During the court hearing session related to the judicial review of the Law on Water Resources the reason for the appeal was revealed.

Firstly, the General Overview of the Natural Resources Law (UU SDA) stated that “the Law stated firmly that water resources should be controlled by the state and used for the greater welfare of the people. Therefore, the state guarantees people rights over water to fulfill daily minimum basic needs in order to have a healthy and clean life. The water must be of good quality, safe, sustainable, affordable and in a sufficient amount.”

Besides that, based on legal consideration page 489-490 of Indonesian Constitutional Court Decision Number 058-059-060-063/PUU-II/2004, Number 008/PUU-III/2005, and Number 85/PUU-XI/2013 “That water is not only needed for fulfilling direct human needs. The water resource is also needed to fulfill other needs, such as irrigation of the farmland, electricity power plant and for industrial needs. The usage of water resources also has an important contribution to the advancement of human lives allowing them to have decent lives. One way to provide food and energy/electricity needs is through the use of water resources.”

Therefore, the conservations or the usage and the maintenance of water resources has become a necessity for everybody, including for the hydropower plants (PLTA) that produces electricity. This has been done by the PLTA owner for tens of years as stipulated by the Government Regulation Number 37 year 2010 on Dam. In article 75 paragraph (1) stated “the management of the dam along with the reservoir becomes the responsibility of its owner”. This is further re-clarified by the Ministry of PUPR Regulation No. 27/PRT/M/2015 on Dam, where in article 77 Paragraph (1) stated as follows “The management of the dam and the reservoir becomes the responsibility of the dam’s owner”.

The usage and the maintenance of the water resource continues to be conducted by the PLTA owner, including the dams and the reservoirs to ensure the security of the water resource in terms of ensuring adequate supply, good quality, security and sustainability. This has been proven as of now, the PLTA managed by PT. Indonesia Power and PT. PJB is operating continuously and maintaining its water resource, despite the fact that some PLTA has been operating for more than 100 years.

Therefore, the implementation of conservation by collecting service fees for managing water resources (BPJSDA) to the PLTA is not appropriate and contradicts the constitution since the initial objectives of collecting the BPJSDA has been met, that is to ensure water resource sustainability.

Another thing that also concerns us is that the collection of BJPSDA will not only put a burden on the production cost but will also possibly create an abuse of state authority by another legal entity as the BJPSDA fee will not be 100% deposited to the state.

Thursday, 10 September 2020

Published by:

1. PS Kuncoro, General Chairperson PP Indonesia Power (HP: 08128879715)

2. Andy Wijaya, General Secretary PP Indonesia Power (HP:081250024105)

3. Agus Wibawa, General Chairperson SP PJB (HP: 089687500690)

4. Dewanto Wicaksono, General Secretary SP PJB (HP: 082244557966)