Mohamad Mova Al’Afghani

 

 

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Mohamad Mova Al’Afghani, SH, LL.M.Eur,PhD

Lecturer at the faculty of law UIKA Bogor and Master of Business Administration-ITB; Director of the Center for Regulation, Policy and Governance (CRPG)
 
email: mova(at)alafghani(dot)info
 
 
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Expertise and Research Interest: regulation, water law, regulatory state, sharing economy, utilities regulation, transparency and good governance
 
Dr. Al'Afghani's earned his PhD in 2013 from the University of Dundee (UNESCO Center for Water Law, Policy and Science) with a thesis titled “The Role of Legal Frameworks in Enabling Transparency in Water Utilities Regulation” comparing regulatory regimes in Victoria (Australia), England and Indonesia. He obtained his master's degree (LL.M.Eur) from the University of Bremen in 2008 (with distinction) and his Sarjana Hukum (LL.B) from Universitas Indonesia in 2003.
 
His past research projects includes:
  • “Human Right to Water in Indonesia” (Both Ends and Waterlex, 2010);
  • “Transparency in Jakarta Water Utilities Regulation” (Tifa Foundation 2011)
  • “Transparency in the Oil and Gas Sector” (ICEL, 2013)
  • “Legal and Regulatory Implications of Regional By Laws on Community Based Water and Sanitation” (UNICEF, Pokja AMPL NTT, 2012)
  • “Corporatisation of Indonesian Water Utilities” (IDRC funded -- Municipal Services Project, 2013)
  • Transparency of Licensing in the Mining and Plantation Sector (for the Presidential Working Unit on Development Monitoring/UKP4, 2014) and
  • Review of Water Services Regulation in Jakarta (commissioned by Jakarta Water Sector Regulatory Body/JWSRB, 2014)
Dr. Al’Afghani contributes to the United Nations’ “Geneva Process” on the Human Right to Water (2008-2011) and to the 6th World Water Forum (Stakeholders Engagement Task Force). He has published quite extensively on Indonesian Water Law and Regulation. Currently, as Project Manager and Team Leader for the AIIRA program on the regulation of community water and sanitation, Dr. Al’Afghani oversees and coordinates the whole operation and liase with University of Dundee, AIIRA, Bappenas, Pokja/Jejaring AMPL and other important collaborators. He was the Open Government Partnership Independent Reporting Mechanism (OGP-IRM) Researcher for Indonesia from 2014-2016.
 

Publications

Google Scholar Citations (click here)

Book

Legal Frameworks for Transparency in Water Utilities Regulation: A Comparative Perspective, Routledge/Taylor-Francis, 2016  

Peer Reviewed Journals and Edited Books

  1. AlAfghani, MM. Anti-Privatisation Debates, Opaque Rules and ‘Privatised’ Water Services Provision: Some Lessons from Indonesia’ in Alan Nicol, Lyla Mehta and Allouche J (eds), IDS Bulettin: ‘Some for All?’ Politics and Pathways in Water and Sanitation, vol 43.2 (Institute of Development Studies and Wiley-Blackwell 2012)
  2. AlAfghani, MM. The transparency agenda in water utilities regulation and the role of freedom of information: England and Jakarta case studies, The Journal of Water Law, Special Issue, Vol.20 Issues 2/3, 2010
  3. Alafghani, MM. Religious Freedom in Indonesia before and after Constitutional Amendments (April 10, 2010). CRITICAL THINKERS FOR ISLAMIC REFORM, Brainbow Press, 2009. Available at SSRN: http://ssrn.com/abstract=1587256
  4. AlAfghani, MM. Safeguarding Water Contracts in Indonesia 3/2 Law, Environment and Development Journal (2007), p. 148, available at http://www.lead-journal.org/content/07148.pdf
  5. AlAfghani, MM. Constitutional Court’s Review and the Future of Water Law in Indonesia, 2/1 Law, Environment and Development Journal, 2006. The paper is available at http://www.lead-journal.org/content/06001.pdf
  6. AlAfghani,MM. Kampanye Melawan Terorisme telah Merusak Tatanan Hukum. (Campaign Against Terrorism has Disrupted the Legal Order) Published in Jurnal Teropong MAPPI (Masyarakat Pemantau Peradilan Indonesia, November, 2002). Available on http://www.pemantauperadilan.com

Reports

  1. AlÁfghani, MM, Prayitno, DE, Mills, F, Willets, J, Increasing local government responsibility for communal scale sanitation; Part 2: Using Regional Budget (APBD) to support post-construction sustainability of communal sanitation, Indonesia Infrastructure Initiative, December, 2016
  2. Mills, F, Willets, J, AlÁfghani, MM, Increasing local government responsibility for communal scale sanitation; Part 1, Review of national program guidelines and two city case studies. Indonesia Infrastructure Initiative, December, 2016
  3. Al'Afghani, MM, Paramita D, Polychlorinated Biphenyls (PCBs) Phasing-Out Regulation in Indonesia: Final Report. United Nations Industrial Development Organization and the Ministry of Environment and Forestry, Republic of Indonesia, 2016
  4. Al'Afghani, MM, Paramita D, Avessina MJ, Muhajir, MA, Heriati, F. The Role of Regulatory Frameworks for Ensuring the Sustainability of Community Based Water and Sanitation, Australia Indonesia Infrastructure Research Project, Indonesia Infrastructure Initiative, 2016 https://crpg.info/docs/aiira/aiirareport8072016.pdf
  5. Al'Afghani, MM, Paramita, D, Mitchell, C, Ross, K 2015. Review of Regulatory Framework for Local Scale "Air Limbah". Prepared by the Center for Regulation, Policy and Governance, Universitas Ibn Khaldun Bogor and Institute for Sustainable Futures, UTS under ADRAS Scheme. http://communitysanitationgovernance.info/wp-content/uploads/2016/09/ISF-UTS_2015_Local-ScaleSanitationIndonesia_Legal-Review-Report.pdf
  6. AlÁfghani, MM, Indonesia: Third Progress Report, Independent Reporting Mechanism, Open Government Partnership (Forthcoming)
    Al'Áfghani, MM, Independent Reporting Mechanism: Indonesia Special Accountability Report. Open Government Partnership 2014 http://www.opengovpartnership.org/sites/default/files/Indonesia_Special_Acc_Report_Public.pdf
  7. AlAfghani, MM. Review of Regulation of Jakarta Water Services, Jakarta Water Sector Regulatory Body, 2014
    Saragih, AA, Alafghani, MM, Yasin, M, Transparansi Perizinan Dalam Sektor Pertambangan dan Perkebunan. Unit Kerja Presiden Bidang Pengawasan dan Pengendalian Pembangunan – UKP4, 2014
  8. AlAfghani, MM, et.al. Feasibility Study of Right to Water and Sanitation Pilot Project in Indonesia, Both Ends, August 2009 (Submitted to the Dutch Ministry of Foreign Affairs)
  9. AlAfghani, MM. et.al. Transparency in DKI Jakarta’s Drinking Water Utilities Regulatory Bodies, ECOTAS and Tifa Foundation, August, 2011)
  10. Contribution to Global Water Partnership Integrated Water Resources Management Toolbox , Global Water Partnership, 2011
  11. AlAfghani, MM.et.al. Review of Community-Based Water and Sanitation Draft Regional By Law for the Sikka Regency, East Nusa Tenggara, in cooperation with Dropbydrop, Watsan Working Group of NTT Province and UNICEF.

Selected Op-eds

  1. Toward Community Water Supply, The Jakarta Post, Fri, 03/22/2013 11:22 AM
  2. The Elements of “State Control”, The Jakarta Post, Mon, 01/14/2013
  3. The new governor and Jakarta’s drinking water problem, October, 20, 2012
  4. Incoherence in the debate over ‘privatization’, The Jakarta Post, July,22, 2012; Republished by the New Straits Times and The Malaysian Insider
  5. Authority in Water Resources Conservation, The Jakarta Post, June 30, 2012
  6. When It Comes to Water Services, Jakarta Is Living in the Distant Past, The Jakarta Globe, October 16, 2011
  7. RI’s Water Services Suffering from a lack of Governance, The Jakarta Post, March 30, 2010
  8. Indonesia Needs a Strong Water Services Law, The Jakarta Post, August 31, 2009
  9. Can Public Service Law be Applied to Private Sector?, The Jakarta Post, July 14, 2009
  10. The Need for Clarification on HP-3 Rights, The Jakarta Post, May 14th, 2009
  11. Water Services Transparency, The Jakarta Post, March 20, 2009
  12. Coastal Management Law Review, The Jakarta Post, April 15th , 2008
  13. Ultimate Risks of Water Privatizations, The Jakarta Post, May 17th, 2007
  14. Access to water is a fundamental human rights, The Jakarta Post, July 10th 2007
  15. Nanotechnology requires legal umbrella, The Jakarta Post, January 20th 2006, republished by IP Frontline Magazine, http://www.ipfrontline.com
  16. Prophet Muhammad Cartoons and Freedom of Expression, The Jakarta Post, February 18th, 2006
  17. Developing Countries Must be Ready for Nanotechnology, The Jakarta Post, February 27th, 2006
  18. Lebanon Crisis and Unrestricted Warfare, The Jakarta Post, August 04th 2006
  19. The Fourth Generation of Human Rights, The Jakarta Post, September, 04th 2006
  20. Is Technology turning privacy into an endangered species?, The Jakarta Post, October 20th, 2006
  21. Extradition Treaty Must Exclude Terrorism (with Bambang Widjojanto), The Jakarta Post, March 14th , 2005
  22. Limited Implementation of Sharia in Aceh, The Jakarta Post, July 11th 2005
  23. Indonesian Copyright Law not copyleft-friendly, The Jakarta Post, May 27th 2005
  24. Indonesia Needs to Support Access to Knowledge Treaty, The Jakarta Post, June 18th 2005, Republished by IP Frontline Magazine, http://www.ipfrontline.com
  25. Hyperegulated Society and Its Discontents, The Jakarta Post, June 28th 2005
  26. IP Strategy for Developing Nations, The Jakarta Post, December 24th , 2005
  27. Labor Strike Procedure in Indonesia, Legal Brief, http://www.theceli.com
  28. Can a State Imply Censorship towards the Internet? Center for Law Information (CeLI), http://www.theceli.com
  29. The Spread of ‘Preemptivism’ and Indonesia’s Sovereignty, The Jakarta Post October 7th, 2004, republished in the Yale Center for the Study of Globalization, Yale University, http://yaleglobal.yale.edu

Selected Workshops/Conference Papers

  1. The State Retreats and Never Returns: Consequences of Neoliberal Reforms on Administrative Law Protection in Indonesia; Putting Public in Public Services: Research, Action and Equity in the Global South International Conference – Cape Town, South Africa April 13-16, 2014; Available at SSRN: http://ssrn.com/abstract=2426804
  2. Expert Meeting on Freedom of Expression, Freedom of Information and The Right to Water, Article 19, London, February 19-22, 2014
  3. Member and Team Leader of the Indonesian Team to the 2nd Temasek Foundation Water Leadership Program (TFWLP Fellowship), held by the Institute of Water Policy at the Lee Kuan Yew School of Public Policy, Singapore, April 23 – May 4th, 2012
  4. Anti privatization debate, opaque rules and neglected ‘privatised’ water services provision: some lessons from Indonesia, STEPS II Conference Liquid Dynamics Background Paper, IDS, Sussex, March 22-23 2011, Sussex, UK. Available at SSRN: http://ssrn.com/abstract=1885726
  5. World Water Week Seminar: ‘Human Rights Based Approach to Improving Water Quality; organized by BothEnds, UNESCO Etxea, UNDP, Swedish Water House, delivering a presentation with the topic “The Potential Role of the Human Right to Water in the Management of Indonesia’s Water Resources” http://www.worldwaterweek.org/documents/WWW_PDF/2010/thursday/T3/Mova_Al_Afghani_World_Water_Week_Presentation31.pdf , Stockholm, September 09, 2010, paper available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1723205
  6. Expert Consultation on the Human Right Aspect of Private Sector Participation on Water and Sanitation under the invitation of the UN Independent Expert on the Right to Water and Sanitation and Friedriech Ebert Stiftung; Geneva, 25-27 January 2010
  7. Anticipating Water Market, SURED-GAWN workshop on sustainable land and water management, Jakarta, April 2008.
  8. Safeguarding Water Contracts in Indonesia, Workshop on the “Legal Aspects of Water Sector Reform”, organised by the International Environmental Law Research Center (IELRC), Geneva, 20-21st of April 2007. Proceedings available at http://www.ielrc.org/activities/workshop_0704/index.htm

Working Papers:

  1. Perjanjian Badan Publik Dengan Pihak Ketiga: Anotasi Pasal 11 ayat (1) (e) Undang Undang Nomor 14 Tahun 2008, Academia.edu http://ow.ly/fzbul
  2. Opportunities and Challenges in Integrating Community-Based Water Services into the Legal Framework: An Indonesia Case Study, Available at SSRN: http://ssrn.com/abstract=2175474
  3. Does Regulation by Contract Decreases Transparency? - Evidence from Jakarta's Water Services Sector (July 22, 2012). Available at SSRN: http://ssrn.com/abstract=2115146 or http://dx.doi.org/10.2139/ssrn.2115146