The Position of Welfare State in Fulfilling the Basic Needs of The People on Water Resources
Jundiani (a*), Nur Jannani (b)
(a*) Sharia Faculty
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Jalan Gajayana No. 50 Malang, Jawa Timur, Indonesia
(b) Sharia Faculty
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Jalan Gajayana No. 50, Malang, Jawa Timur, Indonesia
Abstract
The purpose of this study is to explore information related to the position of welfare state in fulfilling the basic needs of the people on water resources. This research raises legal issue concerning the lack of fulfillment of the constitutional mandate relating to the duty of state to fulfill the rights of the people in the field of water resources. This can be shown in several cases that most people still have difficulties accessing the water as a basic needs in their lives. In 2013, the Constitutional Court revoked Law Number 7 of 2004 concerning Water Resources and reactivated Law Number 11 of 1974 concerning Irrigation as a positive law in the field of water resources. This situation directly affected the management of water resources, especially related to policies that must be based on Law Number 11 of 1974. Substantially, the law also has many shortcomings and changes or replacements must be made in accordance with the people growth immediately. This type of research is normative juridical legal research, using statute approach and conceptual approach. The results of the study are expected to contribute ideas to the position of the welfare state in fulfilling the peoples basis on water resources.
Keywords: Basic needs of the people, water resources, welfare state
Topic: Constitutional Law