How Are Groundwater Basins Defined Under PERMENESDM 02/2017?

1.0 Introduction and Regulatory Context

Groundwater management in Indonesia operates within a complex regulatory framework where scientific hydrogeological boundaries often conflict with administrative jurisdictional lines. The Ministry of Energy and Mineral Resources Regulation Number 02 of 2017 concerning Groundwater Basins in Indonesia (PERMENESDM 02/2017) addresses this fundamental challenge by establishing a comprehensive, science-based system for delineating groundwater management zones. Enacted on January 1, 2017, this ministerial regulation implements the broader mandates of Law Number 11 of 1974 concerning Irrigation and Law Number 23 of 2014 concerning Regional Government, while superseding the technical framework previously established under Presidential Decree Number 26 of 2011.

The regulation represents a significant evolution in Indonesian water resource governance by shifting from administratively-defined management units to hydrogeologically-determined boundaries. This transformation acknowledges that groundwater systems do not respect provincial borders, municipal boundaries, or administrative divisions. Instead, groundwater flows according to geological structures, hydraulic gradients, and aquifer configurations that operate independently of political geography. PERMENESDM 02/2017 codifies this reality by establishing 273 discrete groundwater basins across the Indonesian archipelago, each delineated according to rigorous scientific criteria rather than convenience or existing administrative structures.

The regulatory framework emerges from Indonesia's constitutional commitment to comprehensive water resource management. Article 33 of the 1945 Constitution establishes that natural resources, including water, shall be controlled by the state and utilized for the maximum prosperity of the people. PERMENESDM 02/2017 operationalizes this constitutional principle by creating a management system that treats groundwater as an integrated resource requiring coordinated governance across multiple jurisdictions when hydrogeological systems span provincial or even international boundaries.

The regulation's legal foundation rests on Government Regulation Number 22 of 1982 concerning Water Management Arrangements and Government Regulation Number 121 of 2015 concerning Water Resources Exploitation. These implementing regulations establish the hierarchical framework within which PERMENESDM 02/2017 operates, providing technical specifications for basin delineation, management authority allocation, and coordination mechanisms. The ministerial regulation translates these broad policy directives into operational criteria, specific basin boundaries, and authoritative reference materials.

Understanding PERMENESDM 02/2017 requires recognition that groundwater basin definition is not merely a technical exercise in hydrogeological mapping. Basin boundaries determine jurisdictional authority, resource allocation responsibilities, monitoring obligations, and coordination requirements. When a groundwater basin spans multiple provinces, complex questions arise regarding which governmental level exercises primary management authority, how extraction permits are coordinated, and which agency monitors groundwater quality and quantity. The regulation's definition framework directly shapes these governance arrangements and resource management outcomes.

2.0 Key Definitions and Scope

The definitional architecture of PERMENESDM 02/2017 establishes the conceptual foundation for Indonesia's groundwater basin management system. Article 1 provides eight core definitions that delineate the regulation's scope and establish the terminology framework for basin identification and management. These definitions are not merely semantic clarifications; they operationalize scientific hydrogeological concepts into legally enforceable administrative categories that determine jurisdictional boundaries and management responsibilities.

The regulation's primary definitional contribution is its establishment of "Cekungan Air Tanah" (Groundwater Basin) as a legally operational concept. Article 1(7) defines a Cekungan Air Tanah as "suatu wilayah yang dibatasi oleh batas hidrogeologik, tempat semua kejadian hidrogeologik seperti proses pengimbuhan, pengaliran, dan pelepasan Air Tanah berlangsung" (a region bounded by hydrogeological boundaries, where all hydrogeological events such as groundwater recharge, flow, and discharge processes occur). This definition encapsulates three critical elements: hydrogeological boundary control, comprehensive process inclusion, and systemic integration.

The hydrogeological boundary concept represents a fundamental departure from administrative boundary thinking. Unlike provincial borders defined by historical administrative decisions or municipal boundaries determined by population distribution, hydrogeological boundaries reflect physical geological reality. These boundaries may be formed by impermeable rock formations, groundwater divides created by topographic features, or hydraulic boundaries where groundwater discharge zones mark the limits of subsurface flow systems. By grounding basin definition in hydrogeological reality rather than administrative convenience, PERMENESDM 02/2017 creates management units that correspond to actual groundwater system functioning.

Table 1: Core Definitional Framework (Pasal 1)

The definition of "Air Tanah" (Groundwater) as "Air yang terdapat di dalam lapisan tanah atau batuan di bawah permukaan tanah" (water found within soil layers or rocks below the ground surface) establishes the regulation's jurisdictional scope. This definition encompasses both shallow aquifer systems in unconsolidated sediments and deep aquifer systems in fractured bedrock. It includes both unconfined aquifers with direct surface connection and confined aquifers separated from the surface by impermeable layers. This comprehensive scope ensures that PERMENESDM 02/2017 applies to the full spectrum of groundwater resources throughout the Indonesian archipelago.

The regulation distinguishes between "Sumber Daya Air" (Water Resources), defined as "air, sumber air, dan daya air yang terkandung di dalamnya" (water, water sources, and the water power contained therein), and its constituent components. This hierarchical definitional structure establishes that groundwater management cannot occur in isolation from broader water resource planning. Groundwater basins exist within larger water resource systems that include surface water bodies, atmospheric moisture, and the dynamic exchanges between these components. Article 2(2) operationalizes this integration by requiring that "Air Tanah dikelola dengan prinsip keterpaduan dengan Air Permukaan" (groundwater is managed with the principle of integration with surface water).

The conceptual framework established by these definitions creates a management paradigm where groundwater basins serve as the fundamental unit of analysis and intervention. Rather than managing groundwater on a well-by-well basis, a provincial regulatory basis, or a municipal jurisdiction basis, PERMENESDM 02/2017 establishes that groundwater management "didasarkan pada Cekungan Air Tanah" (is based on groundwater basins) as stated in Article 2(3). This basin-based approach recognizes that extraction in one location affects water availability in another location if both are hydraulically connected within the same aquifer system.

3.0 Core Requirements and Provisions

Article 3 of PERMENESDM 02/2017 establishes the operational criteria that transform the abstract concept of a groundwater basin into a concrete, delineatable entity. The regulation specifies three mandatory criteria that a geographic area must satisfy to be designated as a Cekungan Air Tanah. These criteria are conjunctive rather than alternative; all three must be present for basin designation. This rigorous standard ensures that officially designated groundwater basins represent genuine hydrogeological systems rather than arbitrary administrative constructs.

The first criterion requires that a groundwater basin "mempunyai batas hidrogeologik yang dikontrol oleh kondisi geologis dan/atau kondisi hidraulis Air Tanah" (has hydrogeological boundaries controlled by geological conditions and/or groundwater hydraulic conditions). This criterion establishes that basin boundaries must reflect physical reality rather than administrative convenience. Geological controls may include fault zones that disrupt aquifer continuity, impermeable rock formations that prevent lateral groundwater flow, or lithological changes that mark transitions between different aquifer systems. Hydraulic controls may include groundwater divides where flow directions diverge, discharge zones where groundwater exits the subsurface system, or pressure boundaries in confined aquifer systems.

The conjunction "dan/atau" (and/or) in this first criterion is legally significant. It establishes that a valid hydrogeological boundary may be controlled by geological conditions alone, hydraulic conditions alone, or a combination of both factors. In volcanic regions, for example, massive lava flows may create geological barriers that prevent groundwater flow between adjacent valleys, creating discrete basins despite topographic continuity. In sedimentary basins, hydraulic divides may separate groundwater flow systems even where geological formations are laterally continuous. By accepting either geological or hydraulic controls, the regulation accommodates the diverse hydrogeological conditions present across Indonesia's varied geological terrain.

Table 2: Three-Part Basin Definition Criteria (Pasal 3)

The second criterion requires that a groundwater basin "mempunyai daerah imbuhan dan daerah lepasan Air Tanah dalam satu sistem pembentukan Air Tanah" (has groundwater recharge areas and discharge areas within one groundwater formation system). This criterion ensures that designated basins represent complete hydrological systems rather than partial fragments. A recharge area (daerah imbuhan) is where precipitation, surface water infiltration, or subsurface inflow adds water to the aquifer system. A discharge area (daerah lepasan) is where groundwater exits the system through springs, seeps, baseflow to rivers, or submarine discharge. By requiring both recharge and discharge areas within a single system, this criterion ensures that groundwater basins encompass the full cycle of groundwater circulation.

The phrase "satu sistem pembentukan Air Tanah" (one groundwater formation system) establishes that recharge and discharge must be hydraulically connected within the same aquifer network. This prevents the designation of disconnected aquifer fragments as a single basin. For example, two separate aquifer systems separated by an impermeable confining layer should not be designated as a single groundwater basin even if they occur in the same geographic area. The requirement for systemic integration ensures that groundwater management measures applied in recharge areas will ultimately affect water availability in discharge areas through hydraulic connections.

The third criterion mandates that a groundwater basin "memiliki satu kesatuan sistem akuifer" (possesses a unified aquifer system). This requirement emphasizes hydraulic continuity and functional integration. An aquifer system may consist of multiple individual aquifer layers, but these layers must be hydraulically connected to constitute a unified system. This connection may occur through vertical leakage between aquifers, lateral continuity where aquifer layers converge, or flow through fractured confining layers. The unity requirement prevents the artificial fragmentation of interconnected aquifer systems into separate management units, which would undermine coordinated groundwater governance.

These three criteria function synergistically to create a scientifically rigorous definition that distinguishes genuine groundwater basins from arbitrary geographic divisions. A region with hydrogeological boundaries but lacking a complete recharge-discharge system would be incomplete. An area with recharge and discharge zones but lacking unified aquifer connectivity would be disconnected. Only areas satisfying all three criteria qualify for designation as official Cekungan Air Tanah under PERMENESDM 02/2017.

Article 4 establishes the jurisdictional taxonomy that categorizes groundwater basins according to their spatial extent and administrative implications. The regulation identifies three basin types based on whether their hydrogeological boundaries align with or transcend political boundaries. This jurisdictional classification has profound implications for management authority, regulatory coordination, and resource allocation decisions.

Table 3: Jurisdictional Basin Classification (Pasal 4)

The "Cekungan Air Tanah dalam wilayah provinsi" (groundwater basins within provincial territory) category encompasses basins whose entire hydrogeological extent falls within a single province's administrative boundaries. These basins represent the simplest governance scenario, as all management responsibilities, regulatory authorities, and resource allocation decisions can be coordinated within a single provincial government structure. The Banda Aceh Basin, identified in Lampiran I as spanning 1,470 square kilometers entirely within Aceh Province, exemplifies this category. Provincial-level basins allow for streamlined decision-making and integrated management without the complexities of inter-jurisdictional coordination.

The "Cekungan Air Tanah lintas provinsi" (inter-provincial groundwater basins) category presents significantly greater governance challenges. When a groundwater basin's hydrogeological boundaries span multiple provinces, questions arise regarding which provincial government exercises primary authority, how extraction permits in one province affect water availability in another province, and how monitoring data and management decisions are coordinated. PERMENESDM 02/2017 addresses these challenges by establishing that inter-provincial basins require coordination mechanisms involving all affected provincial governments under central government oversight.

The "Cekungan Air Tanah lintas negara" (transboundary groundwater basins) category represents the most complex governance scenario. When groundwater basins cross international boundaries, management involves not only multiple domestic jurisdictions but also international treaty obligations, transboundary water resource agreements, and potentially conflicting national regulatory frameworks. Indonesia shares land boundaries with Malaysia, Papua New Guinea, and East Timor, creating situations where aquifer systems may span national borders. These transboundary basins require bilateral or multilateral coordination mechanisms and may involve international arbitration frameworks for dispute resolution.

4.0 Implementation Framework and Compliance

Article 5 establishes the authoritative reference materials that operationalize PERMENESDM 02/2017's basin definition framework. The regulation states: "Penetapan Cekungan Air Tanah sebagaimana dimaksud dalam Pasal 4 dituangkan dalam Daftar Cekungan Air Tanah dan Peta Cekungan Air Tanah di Indonesia mengacu pada Lampiran I dan Lampiran II yang merupakan bagian tidak terpisahkan dari Peraturan Menteri ini" (The designation of Groundwater Basins as referred to in Article 4 is set forth in the List of Groundwater Basins and the Map of Groundwater Basins in Indonesia referring to Annex I and Annex II which constitute an inseparable part of this Ministerial Regulation).

This provision establishes two complementary reference documents that together create legal certainty regarding basin boundaries and classifications. Lampiran I provides a tabular listing of all 273 designated groundwater basins, including basin names, geographic coordinates, surface areas, provincial locations, and jurisdictional classifications. Lampiran II provides cartographic representation of basin boundaries, showing the spatial extent and hydrogeological limits of each designated basin. By incorporating these annexes as inseparable components of the regulation, Article 5 gives them the same legal force as the regulation's operative text.

The authoritative nature of these annexes has significant legal implications. When a groundwater extraction permit application is submitted, regulatory authorities must determine which groundwater basin contains the proposed extraction site. This determination relies on the geographic coordinates and boundary maps provided in Lampiran I and II. The basin designation then determines which jurisdictional authority processes the permit, what monitoring requirements apply, and how the extraction integrates with broader basin management planning. The annexes thus translate abstract basin definition criteria into concrete geographic specifications with direct regulatory consequences.

Table 4: Annex I Basin Listing Structure - Representative Entries

The tabular format employed in Lampiran I provides standardized information for each designated basin. Basin names typically reflect major population centers or geographic features within the basin extent, facilitating identification and reference. Geographic coordinates establish precise spatial boundaries, enabling determination of whether any specific location falls within a particular basin's jurisdiction. Surface area calculations provide scale context and inform resource management planning. The jurisdictional classification column uses letter codes (a, b, c) corresponding to the three categories defined in Article 4: (a) provincial basins, (b) inter-provincial basins, and (c) transboundary basins.

The Banda Aceh Basin entry illustrates the information structure. This 1,470 square kilometer basin spans from 95°14'13.78" to 95°51'34.31" East longitude and 5°15'25.73" to 5°39'37.14" North latitude, encompassing the municipal territory of Banda Aceh City and portions of Aceh Besar Regency. The classification as a type (a) provincial basin indicates that all management authority resides with the Aceh Provincial Government, simplifying coordination requirements. The relatively modest size (1,470 km²) and concentrated urban service area suggest intensive groundwater utilization requiring careful monitoring and management.

The Meulaboh Basin, by contrast, demonstrates a larger and more administratively complex system. Spanning 4,500 square kilometers across four regencies (Aceh Barat, Aceh Jaya, Aceh Barat Daya, and Nagan Raya), this basin requires coordination among multiple local governments despite remaining entirely within Aceh Province. The broader longitudinal extent (95°42' to 97°1' East) and latitudinal range (3°31' to 4°33' North) indicate a larger hydrogeological system with potentially diverse recharge sources and discharge mechanisms. Basin management must coordinate extraction permits, monitoring programs, and conservation measures across four distinct administrative jurisdictions while maintaining unified oversight of the integrated aquifer system.

Article 6 establishes the regulatory primacy of designated groundwater basins by requiring that basin boundaries "dijadikan acuan oleh Pemerintah Pusat dan Pemerintah Daerah dalam pengelolaan Air Tanah" (serve as reference for the Central Government and Regional Governments in groundwater management). This provision converts the basin listings from informational documents into mandatory regulatory frameworks. Central government agencies, provincial governments, and regency/municipal governments must all use the designated basin boundaries when developing groundwater management plans, issuing extraction permits, conducting monitoring programs, and implementing conservation measures.

The mandatory reference requirement creates hierarchical supremacy for basin-based management over alternative approaches. A provincial government cannot choose to manage groundwater according to regency boundaries if those boundaries do not align with designated basin limits. A municipal government cannot create a groundwater management plan that treats portions of a unified basin as separate systems. The basin designations established in Lampiran I and II override administrative preferences and enforce scientifically-grounded management units.

Article 7 addresses the dynamic nature of hydrogeological understanding by establishing procedures for basin designation revisions. The regulation recognizes that scientific knowledge evolves, new hydrogeological data becomes available, and basin boundaries may require adjustment based on improved understanding. The revision mechanism ensures that PERMENESDM 02/2017's basin designations remain current with best available science while maintaining regulatory stability through formal amendment procedures rather than ad hoc modifications.

Table 5: Basin Management Authority and Coordination Framework

Article 8 establishes the effective date and transitional provisions for PERMENESDM 02/2017. The regulation took effect on January 1, 2017, immediately upon promulgation. This immediate effectiveness reflects the regulation's primarily definitional nature; it establishes basin boundaries and classification systems but does not impose new substantive obligations requiring implementation periods. Existing groundwater management programs simply transition to using the newly designated basin boundaries as their operational framework.

The transitional approach acknowledges that many provinces had existing groundwater management systems predating PERMENESDM 02/2017. Rather than invalidating these existing programs, the regulation requires their adaptation to conform with designated basin boundaries. Extraction permits issued under previous frameworks remain valid, but renewal applications must demonstrate compliance with basin-based management requirements. Monitoring networks established according to administrative boundaries must be reconfigured to provide comprehensive basin-scale data. Management plans developed for provincial territories must be revised to address designated basins that may not align perfectly with provincial borders.

Article 9 provides the regulatory closure by explicitly revoking Presidential Decree Number 26 of 2011 concerning Groundwater Basin Designation. This revocation eliminates potential conflicts between the previous presidential-level designation and the new ministerial-level framework. While a presidential decree typically holds higher hierarchical authority than a ministerial regulation, the explicit revocation removes any ambiguity and establishes PERMENESDM 02/2017 as the sole authoritative framework for groundwater basin designation in Indonesia.

5.0 Practical Implications and Recommendations

The implementation of PERMENESDM 02/2017 fundamentally restructures groundwater governance in Indonesia by establishing science-based management units that may not align with political boundaries. This restructuring creates both opportunities for improved resource management and challenges for inter-jurisdictional coordination. Provincial governments accustomed to autonomous water resource management must now participate in coordination mechanisms when their groundwater systems span provincial boundaries. Regency and municipal governments that previously operated independent extraction permitting systems must now ensure consistency with provincial-level basin management plans.

For groundwater extraction permit applicants, PERMENESDM 02/2017 creates a more complex but ultimately more rational regulatory environment. Applicants must first determine which designated groundwater basin contains their proposed extraction location by referencing the coordinates and maps in Lampiran I and II. This basin designation then determines the appropriate permitting authority (provincial government for type (a) basins, coordinated process for type (b) inter-provincial basins, or central government for type (c) transboundary basins). The basin designation also determines relevant management plans, monitoring requirements, and coordination obligations.

The regulation's basin-based approach enables more sophisticated groundwater management strategies. Rather than treating each extraction permit in isolation, regulatory authorities can now assess cumulative impacts on basin-wide water availability. When multiple extraction applications target the same groundwater basin, authorities can evaluate whether total extraction exceeds sustainable yield, whether extraction locations are appropriately distributed to avoid local drawdown, and whether extraction timing considers seasonal recharge variations. This basin-scale perspective supports sustainable management that individual permit review cannot achieve.

Table 6: Implementation Recommendations by Stakeholder Category

Provincial governments face the most significant implementation challenges, particularly for type (b) inter-provincial basins. These basins require coordination mechanisms involving multiple provincial governments that may have different regulatory priorities, technical capacities, and political interests. Effective coordination requires establishing joint management bodies, developing allocation agreements for shared groundwater resources, implementing integrated monitoring networks, and creating dispute resolution mechanisms. The Ministry of Energy and Mineral Resources must provide technical guidance, capacity building support, and coordination facilitation to enable successful inter-provincial basin management.

For transboundary type (c) basins, international coordination mechanisms present even greater complexity. Indonesia must engage with neighboring countries (Malaysia, Papua New Guinea, East Timor) to develop bilateral or multilateral agreements for shared groundwater basins. These agreements should address data sharing protocols, extraction notification requirements, environmental impact assessment obligations, and dispute resolution procedures. The Ministry of Energy and Mineral Resources must coordinate with the Ministry of Foreign Affairs to ensure that transboundary groundwater management aligns with broader international relations objectives and treaty obligations.

Technical capacity development represents a critical implementation requirement. Many provincial governments lack sufficient hydrogeological expertise to conduct basin characterization studies, develop comprehensive management plans, and implement sophisticated monitoring programs. The central government should establish capacity building programs providing technical training, methodological guidance, and financial support for basin characterization and management planning. These programs should prioritize provinces with type (b) inter-provincial basins or type (c) transboundary basins where coordination complexity is highest.

Data infrastructure development is essential for effective basin-based management. Comprehensive basin management requires understanding recharge rates, storage capacity, extraction volumes, water quality trends, and discharge patterns. This understanding depends on robust monitoring networks providing long-term, consistent, and spatially comprehensive data. Provincial governments should establish monitoring well networks distributed throughout designated basins, implement regular water level measurement protocols, conduct periodic water quality sampling, and develop data management systems that enable basin-scale analysis. The Ministry of Energy and Mineral Resources should establish standardized monitoring protocols ensuring data comparability across basins and provinces.

Regulatory harmonization ensures consistent implementation across Indonesia's diverse provincial contexts. While PERMENESDM 02/2017 establishes national basin designations, provinces retain authority to develop specific management regulations, permitting procedures, and monitoring requirements. This provincial autonomy can create inconsistencies where adjacent provinces apply different standards to the same groundwater basin. The Ministry of Energy and Mineral Resources should develop model regulations, standard permitting procedures, and harmonized monitoring requirements that provinces can adopt to ensure consistent basin management approaches.

Financial sustainability mechanisms are necessary for long-term basin management. Comprehensive monitoring programs, technical staff, data systems, and coordination mechanisms require sustained funding that many provincial governments struggle to provide from general revenues. Provinces should consider establishing groundwater extraction fees that generate dedicated revenue for basin management activities. These fees should be scaled to extraction volumes, creating incentives for water conservation while generating resources for monitoring, planning, and enforcement. Fee structures should account for different use categories, with higher rates for commercial extraction than for domestic household use.

Climate change adaptation planning must be integrated into basin management frameworks. Climate change is altering precipitation patterns, recharge rates, and groundwater storage dynamics across Indonesia. Basin management plans should incorporate climate projections, assess vulnerability to changing recharge patterns, identify adaptation measures for maintaining water availability, and develop contingency plans for extreme events. Long-term monitoring programs should track trends that may indicate climate-driven changes in groundwater systems, enabling adaptive management responses.

The regulation's success ultimately depends on stakeholder compliance and voluntary cooperation. While PERMENESDM 02/2017 establishes mandatory basin-based management, effective implementation requires that provincial governments embrace this approach, local governments participate actively in coordination mechanisms, and groundwater users comply with basin-scale management requirements. The Ministry of Energy and Mineral Resources should implement outreach programs explaining basin-based management benefits, demonstrate successful implementation examples, and provide technical assistance supporting stakeholder participation.

Future regulatory development should address enforcement mechanisms and compliance incentives. PERMENESDM 02/2017 establishes basin designations and management frameworks but provides limited specification of enforcement procedures, penalty provisions, or compliance monitoring systems. Subsequent regulations should clarify enforcement authority, establish violation categories and corresponding penalties, create compliance monitoring protocols, and develop incentive structures rewarding sustainable groundwater management. These enforcement provisions will strengthen implementation and ensure that basin-based management achieves its intended resource conservation and sustainable utilization objectives.

References:

• PERMENESDM Nomor 2 Tahun 2017 tentang Cekungan Air Tanah di Indonesia: BPK Database
• Undang-Undang Nomor 11 Tahun 1974 tentang Pengairan
• Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah
• Peraturan Pemerintah Nomor 22 Tahun 1982 tentang Tata Pengaturan Air
• Peraturan Pemerintah Nomor 121 Tahun 2015 tentang Pengusahaan Sumber Daya Air
• Keputusan Presiden Nomor 26 Tahun 2011 tentang Penetapan Cekungan Air Tanah

This article is AI-generated for informational purposes. Readers should verify all regulatory references and consult the official regulation text and qualified legal professionals before making decisions based on this analysis.

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