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ACCESS TO JUSTICE: STRENGTHENING RIGHT TO MANAGE WATER RESOURCES FOR INDIGENOUS PEOPLE
Ardhiwinda Kusumaputra(a), Endang Retnowati (b), Ronny Winarno (c), Edi Krisharyanto

(a) Lecture, Faculty of Law Wijaya Kusuma Surabaya University, ardhiputra82[at]gmail.com
(b) Lecture, Faculty of Law Wijaya Kusuma Surabaya University, endangretnowati49[at]yahoo.co.id
(c) Lecture, Faculty of Law Merdeka Pasuruan University, rwinarno89[at]yahoo.co.id


Abstract

The legal frame of the Unitary State of the Republic of Indonesia, contains a variety of wealth, both cultural and natural resources. Based on that unitary state, and constitutional strengthening in Article 33 of the 1945 Constitution of the Republic of Indonesia, the state take control all existing wealth. However, a problem arises, when the basic right to control of state, it cannot protect the rights of indigenous peoples in relation to the need for natural resources, especially water resources. There are two main problems, first why the right to manage water resources for indigenous peoples cannot be accommodated fairly? Second, How to strengthening the rights to manage water resources for indigenous peoples to create equitable access to water? In order to answer these two basic problems, the domain of this writing is based on the normative legal method. Describe comprehensively based on theory and relevant data. Basically, the right to water is a basic right for every human being. But it cannot be denied, if the practice of liberalization of water resources, making the right to water which should be obtained easily, is inversely proportional. In fact, indigenous people who are philosophically related to nature and the value of local wisdom to be able to manage water resources, are put aside. In fact, the constitutional basis clearly states that natural wealth is used for the greatest prosperity of the people. At this point, it is not just about strengthening legal instruments. The role of the state, through the right to control, must be implemented more strongly, especially through institutional roles both at the central and regional levels.

Keywords: Access to Justice, Rights to Manage, Water Resources, Indigenous People

Topic: Human Right Issues

Link: https://ifory.id/abstract/wT9ycBXeUFCQ

Conference: International Conference on Law Reform (INCLAR 2019)

Plain Format | Corresponding Author (Ardhiwinda Kusumaputra)

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