Karya Ilmiah
TESIS (3020) - Kerjasama Penyelenggaraan Sistem Penyediaan Air Minum Pasca Putusan Mahkamah Konstitusi Nomor 85/ PUU-XI/2013
Water is a vital necessity for human life, even life as a whole. To that end, the water
resources should always be treated as a common property that needs to be managed
properly in order to be able to water needs can be met, while ensuring their survival.
Water resources should be treated as an object right to control the state, so that
water resources do not become a private commodity for the group of people. Water
resources that have been qualified as drinking water, should be distributed to the
public through a series of facilities and infrastructure Water Supply System (SPAM).
As a representation of the right to control the country, then SPAM must be
implemented and managed by the state. But the problems of availability of budget,
forcing the state to build cooperation with non-state entities in the implementation of
SPAM. However, cooperation in SPAM must be done in a corridor that water
resources and SPAM is part of the right to control the state. Law 7/2015 has been
declared invalid by the Constitutional Court. Arrangements regarding water
resources back to the Law 11/1974. Enforcement of Law 11/1974, provides some
important changes in the organization of SPAM, in particular related to aspects of
the right to control the state of the water resources.
Keywords: Water resources, Water Supply System (SPAM), Constitutional Court,
and Public Private Partnership
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