What Water Resources Framework Governs Indonesia Under UU 17/2019?

1.0 Introduction and Regulatory Context

1.1 Legislative Background and Historical Development

Indonesia's water resources management legal framework underwent a significant transformation with the enactment of Undang-Undang Nomor 17 Tahun 2019 tentang Sumber Daya Air (Law No. 17 of 2019 on Water Resources), which was promulgated on October 16, 2019, and entered into force on the same date. This legislation represents a comprehensive reform of Indonesia's water governance system following constitutional challenges to the previous regulatory regime.

The law was enacted as a direct response to the Constitutional Court's (Mahkamah Konstitusi) annulment of Law No. 7 of 2004 on Water Resources, which had been found to contradict constitutional principles enshrined in the 1945 Constitution (UUD 1945). The Court's decision necessitated the development of a new legal framework that would better align with constitutional mandates regarding state control over natural resources and the rights of citizens to access water.

UU 17/2019 explicitly revokes and replaces Undang-Undang Nomor 11 Tahun 1974 tentang Pengairan (Law No. 11 of 1974 on Irrigation), marking the complete overhaul of Indonesia's water law regime. The new law is grounded in constitutional provisions found in Articles 18A, 18B, 20, 21, and particularly Article 33 of the 1945 Constitution, which establishes the principle that natural resources shall be controlled by the state and utilized for the greatest benefit of the people.

The legislation comprises 16 chapters and 79 articles, providing a comprehensive framework that addresses: (1) state control and people's rights to water; (2) authority distribution among government levels; (3) integrated water resources management; (4) conservation mechanisms; (5) utilization priorities; (6) control of water's destructive power; (7) licensing systems; (8) community participation; (9) enforcement mechanisms; and (10) transitional provisions.

1.2 Constitutional Foundation and Regulatory Status

The constitutional basis of UU 17/2019 is firmly established through multiple provisions of the 1945 Constitution. Article 33 paragraph (3) provides the fundamental principle: "The land, the waters and the natural resources within shall be under the powers of the State and shall be used to the greatest benefit of the people." This provision establishes the doctrinal foundation for state control (hak menguasai negara) over water resources, which is operationalized throughout UU 17/2019.

Additionally, the law draws authority from Article 18A and Article 18B, which govern the relationship between central and regional governments and recognize the rights of traditional and customary law communities. These constitutional provisions are particularly relevant to the law's provisions on authority distribution across government levels and the recognition of customary water rights.

As of November 2025, UU 17/2019 remains ACTIVE and constitutes the primary legal framework governing water resources management in Indonesia. However, it is essential to note a recent legislative development: Undang-Undang Nomor 32 Tahun 2024 tentang Perubahan atas Undang-Undang Nomor 5 Tahun 1990 tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya (Law No. 32 of 2024 on Amendment to Law No. 5 of 1990 on Conservation of Living Natural Resources and Ecosystems) has revoked Article 33 and Article 69 letter c of UU 17/2019. This partial amendment demonstrates the dynamic nature of Indonesia's environmental legal framework, though it does not affect the core water management provisions analyzed in this article.

1.3 Implementing Regulations and Regulatory Architecture

The implementing framework for UU 17/2019 is established through several government regulations (Peraturan Pemerintah/PP) that provide operational detail for the law's substantive provisions. The law explicitly mandates four principal implementing regulations:

1. PP on Irrigation – detailing technical requirements for irrigation system development, operation, and maintenance
2. PP on Water Supply Systems (SPAM) – governing drinking water provision infrastructure and service standards
3. PP on Water Sources – establishing protections and management requirements for water source areas
4. PP on Water Resources Management – providing comprehensive operational procedures for integrated water management

The most recent implementing regulation is Peraturan Pemerintah Nomor 30 Tahun 2024 tentang Pengelolaan Sumber Daya Air (Government Regulation No. 30 of 2024 on Water Resources Management), which establishes detailed definitions and operational procedures. PP 30/2024 emphasizes that water resources management must be conducted comprehensively, in an integrated manner, and with environmental awareness, aiming to realize sustainable water resources benefits.

This hierarchical regulatory structure—from constitutional principles through primary legislation to implementing regulations—creates a comprehensive legal framework that balances national policy objectives with operational flexibility. The system allows for technical adaptation through lower-level regulations while maintaining the core principles established in UU 17/2019.

1.4 Scope and Applicability

UU 17/2019 establishes a comprehensive territorial scope covering all water resources within Indonesian territory, including:

• Surface water (Air Permukaan) – all water found on the surface of the land
• Groundwater (Air Tanah) – water contained in soil or rock layers below the earth's surface
• Rainwater (Air Hujan) – precipitation that has not yet entered watercourses or aquifers
• Seawater on land (Air Laut yang berada di darat) – seawater within terrestrial boundaries

The law applies to both natural water sources and artificial water infrastructure, covering rivers, lakes, swamps, reservoirs, irrigation systems, water supply networks, and other water-related installations. This expansive scope reflects the integrated approach mandated by the legislation, which requires water management to consider all components of the hydrological cycle within each river basin.

Significantly, the law applies across all levels of government—from the central government (Pemerintah Pusat) through provincial governments (Pemerintah Daerah Provinsi) to district/municipal governments (Pemerintah Daerah Kabupaten/Kota) and even village governments (Pemerintah Desa). This multi-level governance structure is fundamental to the law's implementation, as authority distribution is based on the geographic extent of river basins (Wilayah Sungai), which often transcend administrative boundaries.

The law also establishes binding obligations on private actors, including individuals (orang perseorangan), community groups (kelompok masyarakat), and business entities (badan usaha). These obligations relate primarily to obtaining necessary permits for water use, complying with conservation requirements, and respecting priority allocation systems.

1.5 Policy Objectives and Principles

UU 17/2019 is structured around several overarching policy objectives that reflect both constitutional mandates and contemporary water management best practices:

Primary Objectives:

1. Guarantee fulfillment of water rights for basic daily needs – ensuring all citizens have access to minimum quantities of water for drinking, sanitation, and hygiene
2. Realize integrated water resources management – managing water comprehensively from upstream to downstream within river basin boundaries
3. Preserve the sustainability and availability of water resources – balancing present needs with future requirements through conservation
4. Optimize water benefits for public welfare – allocating water to maximize social, economic, and environmental benefits
5. Control water's destructive power – preventing and mitigating floods, droughts, and water-related disasters

Foundational Principles:

The law establishes several principles that guide its interpretation and implementation:

• State control principle (asas penguasaan negara) – water resources cannot be owned by individuals or entities; the state exercises control for public benefit
• River basin approach (pendekatan wilayah sungai) – management is organized by hydrological boundaries rather than administrative jurisdictions
• Integration and coordination (keterpaduan dan koordinasi) – requiring cooperation across sectors and government levels
• Sustainability principle (asas berkelanjutan) – ensuring water availability for future generations
• Public participation (partisipasi masyarakat) – involving communities and stakeholders in water governance
• Benefit principle (asas manfaat) – maximizing social welfare from water utilization
• Equity and justice (asas keadilan) – ensuring fair access to water resources across social groups
• Environmental preservation (asas kelestarian lingkungan) – protecting ecosystems dependent on water resources

These principles permeate the law's substantive provisions and provide interpretive guidance for implementing regulations, administrative decisions, and judicial review. They represent a significant evolution from previous water legislation, incorporating contemporary principles of integrated water resources management (IWRM) recognized internationally while maintaining distinctly Indonesian constitutional foundations.

2.0 Key Definitions and Scope

2.1 Core Definitional Framework

UU 17/2019's Pasal 1 (Article 1) establishes an extensive definitional framework comprising multiple numbered paragraphs that define key terms used throughout the legislation. These definitions are critical for interpreting the law's substantive provisions and understanding the scope of regulatory obligations. Below are the primary definitions from Article 1, presented in both their original Indonesian form and English translation:

Pasal 1 – Ketentuan Definisi (Selected Key Definitions):

Angka 1 – Sumber Daya Air:

"Sumber Daya Air adalah air, sumber air, dan daya air yang terkandung di dalamnya."

Translation: "Water Resources means water, water sources, and the water power contained therein."

Analysis: This tripartite definition establishes that "water resources" encompasses not merely the water itself (air) but also the sources from which water originates (sumber air—including springs, aquifers, precipitation, and surface water bodies) and the potential energy or power that water contains (daya air—including hydroelectric potential and mechanical energy). This comprehensive definition ensures the law governs all dimensions of water, from its physical substance to its economic and energy value.

Angka 2 – Air:

"Air adalah semua air yang terdapat pada, di atas, ataupun di bawah permukaan tanah, termasuk dalam pengertian ini air permukaan, air tanah, air hujan, dan air laut yang berada di darat."

Translation: "Water means all water found on, above, or below the earth's surface, including within this definition surface water, groundwater, rainwater, and seawater on land."

Analysis: This expansive definition of "water" establishes the law's comprehensive scope, covering the entire hydrological cycle within Indonesian territory. By explicitly including seawater on land, the definition addresses coastal and estuarine environments where saltwater intrusion and tidal influences complicate water management. The inclusion of rainwater is particularly significant, as it establishes regulatory authority over water before it enters natural watercourses or aquifers.

Angka 3 – Air Permukaan:

"Air Permukaan adalah semua Air yang terdapat pada permukaan tanah."

Translation: "Surface Water means all Water found on the surface of the land."

Analysis: This definition encompasses rivers, lakes, ponds, wetlands, reservoirs, and any other water bodies visible on the land surface. Surface water is generally subject to more extensive regulation under the law due to its accessibility and importance for irrigation, drinking water supply, and ecosystem functions.

Angka 4 – Air Tanah:

"Air Tanah adalah Air yang terdapat dalam lapisan tanah atau batuan di bawah permukaan tanah."

Translation: "Groundwater means Water contained in soil or rock layers below the earth's surface."

Analysis: Groundwater includes both shallow aquifers and deep confined aquifers. The law's regulation of groundwater is particularly important given the increasing reliance on groundwater extraction in urban areas and agricultural regions facing surface water scarcity. Groundwater management presents unique challenges due to its hidden nature and the delayed impacts of over-extraction.

Angka 5 – Air Minum:

"Air Minum adalah air yang melalui pengolahan atau tanpa pengolahan yang memenuhi syarat kesehatan dan dapat langsung diminum."

Translation: "Drinking Water means water that, through treatment or without treatment, meets health requirements and can be directly consumed."

Analysis: This definition establishes health standards as the criterion for drinking water, whether the water is naturally potable or requires treatment. The definition is operationalized through public health regulations that establish specific microbial, chemical, and physical parameters for drinking water quality.

Pengelolaan Sumber Daya Air (Water Resources Management):

While search results did not capture the exact verbatim text of this definition, implementing regulations (particularly PP 30/2024) clarify that:

Pengelolaan Sumber Daya Air adalah upaya merencanakan, melaksanakan, memantau, dan mengevaluasi penyelenggaraan Konservasi Sumber Daya Air, Pendayagunaan Sumber Daya Air, dan Pengendalian Daya Rusak Air.

Translation: "Water Resources Management means efforts to plan, implement, monitor, and evaluate the conduct of Water Resources Conservation, Water Resources Utilization, and Control of Water's Destructive Power."

Analysis: This definition establishes that water management is not a single activity but a comprehensive cycle of planning, implementation, monitoring, and evaluation encompassing three core functions: conservation, utilization, and disaster control. This integrated approach reflects international best practices in integrated water resources management (IWRM).

Konservasi Sumber Daya Air (Water Resources Conservation):

"Konservasi Sumber Daya Air adalah upaya memelihara keberadaan serta keberlanjutan keadaan, sifat, dan fungsi Sumber Daya Air agar senantiasa tersedia dalam kuantitas dan kualitas yang memadai untuk memenuhi kebutuhan manusia dan makhluk hidup lainnya, baik pada waktu sekarang maupun yang akan datang."

Translation: "Water Resources Conservation means efforts to maintain the existence and sustainability of the condition, characteristics, and functions of Water Resources so that they are always available in adequate quantity and quality to meet the needs of humans and other living beings, both at present and in the future."

Analysis: This definition establishes conservation as forward-looking, emphasizing intergenerational equity ("both at present and in the future"). It addresses both quantitative aspects (volume and availability) and qualitative aspects (water quality and ecosystem health). Notably, the definition extends protection beyond human needs to include "other living beings" (makhluk hidup lainnya), recognizing the ecological functions of water.

Pendayagunaan Sumber Daya Air (Water Resources Utilization):

"Pendayagunaan Sumber Daya Air adalah upaya penatagunaan, penyediaan, penggunaan, dan pengembangan Sumber Daya Air secara optimal agar berhasil guna dan berdaya guna."

Translation: "Water Resources Utilization means efforts to manage, provide, use, and develop Water Resources optimally so that they are effective and efficient."

Analysis: This definition encompasses four key activities: (1) penatagunaan (governance/allocation), (2) penyediaan (provision/supply), (3) penggunaan (use/consumption), and (4) pengembangan (development/infrastructure expansion). The emphasis on berhasil guna (effectiveness) and berdaya guna (efficiency) establishes performance standards for water utilization, requiring that water use achieve intended outcomes while minimizing waste.

Pengendalian Daya Rusak Air (Control of Water's Destructive Power):

"Pengendalian Daya Rusak Air adalah upaya untuk mencegah, menanggulangi, dan memulihkan kerusakan kualitas lingkungan yang disebabkan oleh Daya Rusak Air."

Translation: "Control of Water's Destructive Power means efforts to prevent, address, and restore environmental quality damage caused by Water's Destructive Power."

Analysis: This definition establishes a three-phase approach to water-related hazards: (1) mencegah (prevention) through early warning systems and risk reduction measures, (2) menanggulangi (mitigation) through emergency response during flood or drought events, and (3) memulihkan (restoration) through post-disaster recovery. The definition recognizes that water's destructive power (daya rusak air) includes floods, droughts, erosion, sedimentation, and water pollution.

Pola Pengelolaan Sumber Daya Air (Water Resources Management Pattern):

"Pola Pengelolaan Sumber Daya Air adalah kerangka dasar dalam Pengelolaan Sumber Daya Air."

Translation: "Water Resources Management Pattern means the basic framework in Water Resources Management."

Analysis: The Pola serves as the strategic planning document for each river basin, establishing long-term objectives, priorities, and coordination mechanisms. It functions as the highest-level planning instrument within each basin, from which more detailed operational plans are derived.

Pengelola Sumber Daya Air (Water Resources Manager):

"Pengelola Sumber Daya Air adalah institusi yang diberi tugas dan tanggung jawab oleh Pemerintah Pusat atau Pemerintah Daerah dalam Pengelolaan Sumber Daya Air berdasarkan ketentuan peraturan perundang-undangan."

Translation: "Water Resources Manager means an institution that is assigned tasks and responsibilities by the Central Government or Regional Government in Water Resources Management based on statutory provisions."

Analysis: This definition establishes that water management is delegated to specific institutions—typically technical implementing units (unit pelaksana teknis/UPT) within ministries or regional governments, or state-owned/regionally-owned enterprises (BUMN/BUMD) specializing in water management. The definition clarifies that management authority derives from statutory delegation rather than inherent institutional authority.

2.2 Territorial Scope and River Basin Approach

A distinctive feature of UU 17/2019 is its adoption of the river basin (Wilayah Sungai) as the fundamental unit for water resources management, rather than administrative boundaries. This hydrological approach recognizes that water does not respect political jurisdictions and that effective management requires coordination across the entire watershed from upstream to downstream.

Wilayah Sungai (River Basin) is defined implicitly throughout the law as the territory comprising one main river drainage system and all its tributaries, extending from ridge to ridge (watershed boundaries) and including associated groundwater systems. Indonesia's river basins are classified into three categories based on their geographic extent:

1. Cross-Provincial River Basins (Wilayah Sungai Lintas Provinsi) – basins that span multiple provinces, managed by the central government
2. Provincial River Basins (Wilayah Sungai Lintas Kabupaten/Kota) – basins within one province but crossing district/municipal boundaries, managed by provincial governments
3. District/Municipal River Basins (Wilayah Sungai dalam satu Kabupaten/Kota) – basins entirely within a single district or municipality, managed by local governments

This classification determines which level of government has primary management authority, with the law establishing detailed provisions for authority distribution based on river basin category (analyzed in Section 3.2 below).

The river basin approach mandates integrated management that considers:
- Upstream-downstream relationships and impacts
- Surface water-groundwater interactions
- Water quantity-quality linkages
- Sectoral water demands (agriculture, industry, domestic, environment)
- Cross-jurisdictional coordination requirements

This holistic approach represents a significant advancement over previous fragmented water management systems.

2.3 Excluded Categories and Limitations

While UU 17/2019 establishes comprehensive coverage of water resources, certain categories and uses are subject to special provisions or limitations:

Marine Waters: The law explicitly applies only to "seawater on land" (air laut yang berada di darat), meaning seawater within harbors, estuaries, and coastal areas below the high tide line falls under maritime law rather than water resources law. This creates a boundary issue in coastal zones where freshwater and saltwater interact.

Protected Conservation Areas: Article 33 of UU 17/2019 (now revoked by UU 32/2024) previously prohibited water utilization in nature reserves (kawasan suaka alam) and nature conservation areas (kawasan pelestarian alam), except for individual household use not constituting commercial enterprise. The revocation of this article has created uncertainty regarding water use restrictions in protected areas, which may now be governed primarily by conservation law rather than water law.

Customary Rights: While the law recognizes customary water rights (hak ulayat atas air), it subjects these rights to conditions: customary rights are acknowledged "insofar as they still exist" and "do not contradict national interests." This conditional recognition creates potential tensions between customary law communities and state management systems.

Minimal Daily Needs: The law establishes that water for "basic daily needs" (kebutuhan pokok minimal sehari-hari) is guaranteed as a right and does not require licensing. The law specifies this minimum as 60 liters per person per day, establishing a quantitative floor below which water access is a justiciable right rather than a licensed privilege.

2.4 Relationship with Other Legal Regimes

UU 17/2019 must be understood within Indonesia's broader environmental and natural resources legal framework. Key interfaces include:

Environmental Law (UU 32/2009): Water quality standards and pollution controls are primarily governed by Law No. 32 of 2009 on Environmental Protection and Management, which establishes the environmental permit system (izin lingkungan) and water quality standard-setting procedures. UU 17/2019 incorporates these standards by reference.

Spatial Planning Law (UU 26/2007): Spatial plans (rencana tata ruang) must incorporate water resources considerations, particularly in designating protected zones around water sources. The law requires water management plans (Pola Pengelolaan SDA) to be harmonized with spatial plans.

Conservation Law (UU 5/1990, as amended by UU 32/2024): As noted above, the 2024 amendments to conservation law have modified certain provisions of UU 17/2019, particularly regarding water use in protected areas. This creates an evolving legal interface requiring careful interpretation.

Agriculture and Irrigation: While irrigation for agriculture falls within the scope of UU 17/2019, agricultural land tenure and productivity regulations are governed by separate agricultural legislation, creating coordination requirements.

Mining and Energy: Water use for mining operations and hydroelectric power generation requires compliance with both water resources regulations and sector-specific mining and energy regulations, which may establish additional requirements or conflicting priorities.

Public Health Law: Drinking water quality standards are established through health legislation and regulations implementing UU 36/2009 on Health, which sets parameters for water safety that UU 17/2019 incorporates into its drinking water provisions.

This complex regulatory landscape requires careful coordination to avoid contradictions and ensure that water management objectives are aligned with broader environmental, economic, and social policy goals.

3.0 Core Requirements and Provisions

3.1 State Control and Water Rights Framework

Matrix 1: State Control Principles and Water Rights Under UU 17/2019

Key Interpretive Notes:

The state control doctrine (hak menguasai negara) established in Article 33(3) of the 1945 Constitution and operationalized in Pasal 5-8 of UU 17/2019 represents the fundamental organizing principle of Indonesian water law. This doctrine has been extensively interpreted by the Constitutional Court in several landmark decisions, including the 2015 decision that invalidated UU 7/2004.

The Court has established that hak menguasai negara over water resources entails five core government obligations:

1. Regulatory authority (kewenangan mengatur) – power to establish rules governing water allocation, use, and protection
2. Management authority (kewenangan mengelola) – responsibility to actively manage water resources for public benefit
3. Policy-making authority (kewenangan membuat kebijakan) – power to set water policy priorities and strategic directions
4. Administrative authority (kewenangan pengurusan) – power to issue licenses, enforce compliance, and administer water rights
5. Supervisory authority (kewenangan pengawasan) – responsibility to monitor water use, quality, and ecosystem health

These authorities are not discretionary but constitute mandatory obligations. The government's failure to fulfill these responsibilities can be challenged through administrative law mechanisms and, in cases affecting constitutional rights, through Constitutional Court review.

The 60 liters per person per day standard for basic water needs is drawn from World Health Organization (WHO) recommendations and represents the minimum quantity necessary for drinking, cooking, personal hygiene, and basic sanitation. This quantitative standard makes the right to water justiciable—citizens can enforce this right through administrative complaint mechanisms and, potentially, through public interest litigation if the government fails to ensure access.

3.2 Institutional Framework and Authority Distribution

Matrix 2: Government Authority Distribution by River Basin Classification

Key Coordination Requirements:

The river basin approach creates inherent coordination challenges when hydrological boundaries do not align with administrative jurisdictions. UU 17/2019 addresses these challenges through several mechanisms:

1. River Basin Coordination Bodies (Tim Koordinasi Pengelolaan Sumber Daya Air): The law mandates establishment of multi-stakeholder coordination bodies for each major river basin, comprising:
- Government representatives from all affected jurisdictions
- Technical experts from water management agencies
- Representatives from water user sectors (agriculture, industry, water utilities)
- Civil society and community representatives
- Traditional/customary authority representatives where applicable

These bodies serve advisory and coordinating functions but lack direct regulatory authority, which remains vested in the respective government levels.

2. Hierarchical Planning Integration: Water management plans at each level must be consistent with higher-level plans:
- District/municipal plans must align with provincial plans (where applicable)
- Provincial plans must align with central government plans for cross-provincial basins
- All plans must be consistent with national water resources policy

3. Delegation Mechanisms (Pasal 11-12): The law allows central and provincial governments to delegate operational management functions to specialized agencies:
- State-owned enterprises (BUMN) or regionally-owned enterprises (BUMD) specializing in water management
- Technical implementing units (UPT/UPTD) within government ministries or regional agencies
- Public service agencies (BLU) operating with greater financial flexibility

However, regulatory authority (policy-making, standard-setting, licensing) cannot be delegated and remains with the government level having primary jurisdiction.

3.3 Conservation Requirements

Matrix 3: Conservation Obligations Under UU 17/2019

Implementation Challenges and Adaptive Management:

Conservation provisions in UU 17/2019 represent ambitious goals that often face implementation challenges:

Competing Land Uses: Protection zone designations often conflict with economic development pressures, particularly in rapidly urbanizing areas. The law requires protection zones to be incorporated into spatial plans (Rencana Tata Ruang Wilayah/RTRW), but political pressures can weaken protections during plan revisions.

Limited Monitoring Capacity: Effective enforcement requires extensive monitoring networks for water quality, groundwater levels, river flows, and land use changes. Many regional governments lack the technical capacity, equipment, and personnel for comprehensive monitoring, creating enforcement gaps.

Transboundary Pollution: Water pollution often crosses jurisdictional boundaries—a factory in one district may pollute a river affecting downstream districts or provinces. This requires coordinated enforcement that coordination mechanisms don't always achieve effectively.

Groundwater Complexity: Groundwater management is particularly challenging due to the invisible nature of aquifers, long time lags between over-extraction and impacts (land subsidence, saltwater intrusion), and the prevalence of small, unlicensed wells that are difficult to monitor.

Climate Variability: Indonesia's water resources are subject to significant seasonal and interannual variability driven by the Asian monsoon and El Niño-Southern Oscillation (ENSO). Conservation measures must be adaptive to these natural variations, requiring flexible management approaches not always accommodated in rigid regulatory frameworks.

4.0 Implementation Framework

4.1 Planning and Management Instruments

UU 17/2019 establishes a hierarchical planning framework with multiple instruments operating at different scales and time horizons. These planning instruments translate the law's broad principles into operational management decisions.

Primary Planning Instruments:

1. Water Resources Management Pattern (Pola Pengelolaan Sumber Daya Air)

The Pola serves as the strategic framework for water management within each river basin. It is mandated by Pasal 21 and must be prepared by the government level having primary jurisdiction (central government for cross-provincial basins, provincial government for cross-district basins, district/municipal government for single-jurisdiction basins).

Content Requirements:
- Long-term vision for water management (typically 20-25 year horizon)
- Assessment of water availability, demand, and balance
- Identification of water management issues and challenges
- Strategic priorities for conservation, utilization, and flood control
- Allocation principles and priority users
- Major infrastructure needs
- Coordination mechanisms among government levels and sectors
- Climate adaptation strategies

Legal Effect:
The Pola is binding on government agencies within the basin and must be considered in spatial planning, sectoral development plans, and licensing decisions. It is approved through ministerial regulation (for central-managed basins) or regional regulation (Peraturan Daerah) for provincially- or locally-managed basins, giving it regulatory force.

2. Water Resources Management Plan (Rencana Pengelolaan Sumber Daya Air)

The Rencana operationalizes the Pola into medium-term actionable programs (typically 5-10 year horizon). As specified in implementing regulations and contextual analysis, it serves as the "master plan" for conservation, utilization, and disaster control activities.

Content Requirements:
- Detailed water balance assessments (supply vs. demand by season and location)
- Specific conservation measures with implementation timelines
- Water allocation schedules for different user sectors
- Infrastructure development programs (construction, rehabilitation, maintenance)
- Water quality management programs
- Flood and drought mitigation measures
- Institutional arrangements and inter-agency coordination protocols
- Monitoring and evaluation frameworks
- Budget estimates and financing sources

Legal Effect:
The Rencana guides budget allocation, infrastructure investment priorities, and regulatory decisions. Government agencies must implement programs consistent with the Rencana, and private water users' licenses must comply with allocation provisions.

3. Annual Operational Plans

Annual plans translate the Rencana into yearly work programs with specific activities, responsible agencies, budgets, and performance targets. These plans include:
- Reservoir operation schedules (seasonal storage and release plans)
- Irrigation water distribution schedules
- Infrastructure maintenance programs
- Water quality monitoring schedules
- Emergency response preparedness activities

Integration with Other Planning Frameworks:

The law mandates integration with several other planning systems:

Spatial Planning (RTRW): Water resources plans must align with provincial and district spatial plans, particularly regarding:
- Protected zone designations (water source protection areas, floodplains)
- Land use restrictions in critical watersheds
- Infrastructure corridor allocations for water conveyance systems

Environmental Management Plans: Large water infrastructure projects require environmental impact assessments (AMDAL) and environmental management plans that become binding conditions in project permits.

Disaster Risk Reduction Plans: Water-related hazard assessments and mitigation measures must be incorporated into regional disaster risk reduction plans mandated under disaster management legislation.

Sectoral Development Plans: Agriculture, energy, industrial, and urban development plans must consider water availability constraints identified in water resources plans.

4.2 Licensing and Permit System

Matrix 4: Licensing Framework for Water Utilization

Licensing Process and Timelines:

The law and implementing regulations establish procedural timelines for permit processing to prevent administrative delays:

Standard Processing Timeline:
- Simple permits (small-scale water use): 14-30 working days from complete application
- Complex permits (large-scale uses, facilities construction): 60-90 working days
- Permits requiring environmental assessment: Timeline extended by AMDAL/UKL-UPL processing time (often 3-6 months for major projects)

Application Completeness Review: Licensing authorities have 7 working days to review applications for completeness and request additional information if needed. The processing timeline begins only after the application is deemed complete.

Deemed Approval Provisions: Some implementing regulations include "silence is consent" provisions where failure to issue a decision within the statutory timeline results in automatic approval. However, this typically applies only to routine renewal applications, not new permits or major facilities.

Public Participation: For major water facilities or uses with significant public impacts, the licensing process may include:
- Public notice and comment period (typically 30 days)
- Public consultations or hearings in affected communities
- Consideration of public input in permit decisions
- Right to administrative appeal of permit issuance or denial

Coordination Among Permits: Water projects often require multiple permits from different agencies:
- Water Use Permit from water resources authority
- Environmental Permit from environmental agency
- Spatial Planning Permit for land use consistency
- Building Permit for structural construction
- Business License for commercial operations

Indonesia has implemented an integrated licensing system (Online Single Submission/OSS system) to streamline multi-permit processes, allowing applicants to submit through a single portal with automatic routing to relevant agencies. However, coordination challenges persist, particularly when different government levels are involved.

4.3 Enforcement and Compliance Mechanisms

UU 17/2019 establishes multiple enforcement mechanisms combining administrative, civil, and criminal sanctions:

Administrative Enforcement (Pasal 55-56, 68):

• Written warnings for minor or first-time violations
• Administrative fines calculated based on violation severity and economic benefit gained
• Permit suspension for serious or repeated violations, with opportunity to cure
• Permit revocation for persistent non-compliance or violations causing significant harm
• Facility closure orders for operations posing imminent threats to public health or safety
• Restoration orders requiring violators to restore damaged water sources or ecosystems

Administrative sanctions can be appealed through administrative courts (Pengadilan Tata Usaha Negara/PTUN), providing due process protections.

Criminal Penalties (Pasal 68-74):

The law criminalizes serious water-related offenses:

• Unauthorized water use (bypassing licensing requirements for commercial/large-scale uses): Imprisonment up to 6 years and/or fines up to Rp 3 billion
• Damage to water facilities (dams, irrigation systems, water supply infrastructure): Imprisonment up to 8 years and/or fines up to Rp 4 billion
• Water pollution causing serious environmental damage: Imprisonment up to 10 years and/or fines up to Rp 5 billion (under environmental law provisions)
• Violations of conservation zones (unauthorized activities in protected water source areas): Imprisonment up to 5 years and/or fines up to Rp 2 billion

Criminal prosecution requires investigation by specialized environmental investigators (Penyidik Pegawai Negeri Sipil/PPNS) in addition to regular police (Polri).

Civil Liability:

Parties causing harm to water resources, other water users, or the public can be held civilly liable for:
- Compensation for damages (economic losses, property damage, environmental restoration costs)
- Injunctive relief requiring cessation of harmful activities
- Public interest litigation allowing civil society organizations to sue on behalf of affected communities or ecosystems

Civil liability is particularly important for cases where criminal prosecution is not pursued but significant harm has occurred.

Incentive-Based Compliance:

Beyond punitive enforcement, the law encourages compliance through positive incentives:

• Recognition and awards for exemplary water conservation practices
• Technical assistance for improving water use efficiency and wastewater treatment
• Financial incentives such as reduced water use fees for efficient users or conservation investments
• Payments for ecosystem services compensating upstream landowners for maintaining forest cover and protecting water sources
• Priority allocation during scarcity for users with strong conservation records

This combination of "carrots and sticks" aims to foster a culture of water stewardship beyond mere regulatory compliance.

5.0 Practical Implications and Compliance Pathways

5.1 Implications for Different Stakeholder Categories

For Municipal Water Utilities:

Municipal water utilities (Perusahaan Daerah Air Minum/PDAM) are the primary providers of drinking water for urban and peri-urban populations. UU 17/2019 has several critical implications for their operations:

Source Water Protection Obligations: Utilities must work with government authorities to designate and protect source water zones (watersheds, aquifer recharge areas, spring protection zones). This may require:
- Contributing funds to protection zone management and rehabilitation
- Coordinating with forestry agencies to prevent deforestation in watersheds
- Monitoring potential pollution sources (septic systems, agricultural runoff, industrial facilities) near intakes
- Participating in watershed management planning processes

Priority Access Rights: Water utilities providing basic drinking water services have first-priority access to water resources under the law's allocation hierarchy. During droughts or scarcity situations, utilities can demand that lower-priority users (industrial, commercial) reduce extraction to preserve drinking water supplies. However, this priority comes with an obligation to minimize losses—utilities with high leakage rates may see their priority claims weakened.

Tariff Constraints: The law's non-commercialization principle limits utilities' ability to set profit-maximizing tariffs. Tariffs must be based on cost recovery (covering operating costs, maintenance, reasonable depreciation, and modest expansion financing) rather than profit maximization. This creates financial sustainability challenges, particularly for utilities serving low-income communities where affordability constraints limit tariff levels.

Service Expansion Mandates: The 60 liters/person/day guarantee implies an obligation to expand service coverage to unserved populations. While the law does not specify timelines, utilities may face pressure—including potential litigation—to accelerate service expansion to fulfill the constitutional right to water.

Reporting and Monitoring: Utilities typically require Water Use Permits for source water extraction (particularly from rivers or large-scale groundwater systems) and Wastewater Discharge Permits for treatment plant effluent. These permits impose monitoring and reporting obligations, including:
- Monthly water extraction reporting
- Quarterly water quality testing
- Annual audit of water use efficiency and system losses
- Public disclosure of service quality and reliability metrics

For Industrial Water Users:

Industrial facilities (manufacturing plants, power generation facilities, mining operations) are typically large water users with different implications under UU 17/2019:

Licensing Requirements: Most industrial water use requires Water Use Permits and, if discharging wastewater, Wastewater Discharge Permits (often integrated into environmental permits). Obtaining these permits requires:
- Detailed technical documentation of water needs, withdrawal systems, and treatment processes
- Water balance assessments demonstrating availability
- Proof of water efficiency measures (recirculation, closed-loop systems, water-saving technologies)
- Environmental impact assessments for large facilities

Lower Priority Status: Industrial uses generally fall into the third or fourth priority tier (after basic needs and smallholder irrigation). During droughts or allocation conflicts, industrial users may face:
- Mandatory extraction reductions (potentially 20-50% during severe droughts)
- Rationing or supply interruptions
- Pressure to switch to alternative sources (treated wastewater reuse, desalination, rainwater harvesting)

Water Use Fees: Industrial users typically pay significantly higher water resource extraction fees (pungutan penggunaan sumber daya air) than agricultural or domestic users. Fee structures are established by implementing regulations and vary based on:
- Extraction volume (higher fees for larger withdrawals)
- Water source type (groundwater typically more expensive than surface water)
- Consumption rate (fees higher for consumptive uses where water is not returned to the source)
- Water quality of discharge (penalty surcharges for poor-quality discharges)

Wastewater Treatment Obligations: Industrial discharges must meet effluent quality standards based on:
- Industrial sector (different standards for textiles, food processing, chemicals, etc.)
- Receiving water body classification (stricter limits for discharges to drinking water sources)
- Best available technology requirements

Facilities must install treatment systems, conduct self-monitoring, maintain records, and submit periodic reports. Violations can result in permit suspension, fines, facility closure orders, and in serious cases, criminal prosecution.

Water Efficiency Incentives: Industries investing in water efficiency and recirculation technologies may receive:
- Reduced water extraction fees
- Expedited permit renewals
- Favorable consideration in permit allocation decisions
- Public recognition as "green" facilities

Some implementing regulations require water audits for large industrial users, identifying efficiency opportunities and establishing reduction targets.

For Agricultural Users:

Agriculture remains Indonesia's largest water consumer, primarily for irrigation. The law's implications for agricultural users vary significantly based on farm size and irrigation type:

Smallholder Farmers in Community Irrigation Systems: Farmers cultivating land within government-managed or community-managed irrigation systems (irigasi pertanian rakyat) receive second-priority status under the law—immediately after basic daily needs. Implications include:

• No individual licensing required: Farmers receiving water through communal irrigation systems generally do not need individual water use permits; the irrigation system manager holds the relevant permits.
• Preferential allocation: During water scarcity, smallholder irrigation receives priority over industrial and large-scale commercial agriculture.
• Low or subsidized costs: Many government-managed irrigation systems provide water at minimal or no direct cost to farmers, funded through general tax revenues.
• Participation in water user associations: Farmers are typically organized into Water User Associations (Perkumpulan Petani Pemakai Air/P3A) that participate in irrigation management, maintenance, and coordination with government water managers.

Large-Scale Agricultural Enterprises: Commercial agricultural operations (plantations, large-scale horticulture, intensive aquaculture) face more stringent requirements:

• Licensing required: Large-scale operations extracting water directly from rivers or groundwater (rather than from communal irrigation systems) require Water Use Permits.
• Lower priority status: Commercial agriculture generally has lower priority than smallholder farming, making it more vulnerable to allocation reductions during droughts.
• Water use fees: Large commercial operations typically pay water extraction fees, though agricultural fees are generally lower than industrial rates.
• Efficiency requirements: Permits may impose conditions requiring efficient irrigation technologies (drip systems, micro-sprinklers) rather than flood irrigation.

Groundwater-Based Agriculture: Farmers using groundwater for irrigation (common in areas lacking surface water access) face specific considerations:

• Well drilling permits required: Construction of irrigation wells (particularly deep bore wells) requires Water Facilities Construction Permits.
• Extraction limits: Permits specify maximum extraction volumes and may impose seasonal restrictions to prevent aquifer depletion.
• Monitoring in critical areas: In areas with declining groundwater levels, permits may require installation of water meters and regular extraction reporting.
• Artificial recharge obligations: Some jurisdictions require large groundwater users to implement recharge measures (infiltration ponds, injection wells) to restore extracted volumes.

For Hydroelectric Power Developers:

Hydropower projects—both large dams and run-of-river facilities—involve intensive water use and face comprehensive regulatory requirements:

Dual Permit Requirements: Hydropower projects typically require both:
- Water Utilization Business Permit (Izin Usaha Pemanfaatan Air) for commercial use of water resources
- Water Use Permit for water diversion or impoundment

Large projects also require environmental permits (AMDAL), land acquisition approvals, electricity generation licenses, and numerous other authorizations, making permitting processes complex and lengthy.

Environmental Flow Obligations: Hydropower projects must maintain minimum environmental flows downstream of dams or diversion structures to preserve aquatic ecosystems, support downstream users, and maintain water quality. Permit conditions typically specify:
- Minimum continuous release rates (often 10-30% of mean annual flow)
- Seasonal flow variability to mimic natural hydrographs
- Enhanced flows during ecologically critical periods (fish migration, dry season low flows)

These environmental flow requirements can significantly reduce power generation capacity, particularly during dry seasons when generation potential is highest but flow maintenance obligations are strictest.

Priority Coordination: Hydropower generation typically has lower priority than drinking water supply and smallholder irrigation. During droughts, reservoir operators may be required to release water for downstream irrigation even at the expense of reduced power generation.

Revenue Sharing and Community Benefits: Many hydropower permits include requirements for:
- Payment of water use fees to government (often calculated as percentage of revenues or per-kWh generated)
- Benefit-sharing arrangements with affected communities (employment preferences, infrastructure development, electricity discounts)
- Environmental compensation funding for watershed protection and biodiversity conservation programs

Dam Safety and Monitoring: Large dams must comply with dam safety regulations, including:
- Structural monitoring systems (instrumentation for seepage, settlement, seismic activity)
- Regular safety inspections by independent engineers
- Emergency preparedness plans for potential dam failure
- Downstream warning systems and evacuation protocols

For Real Estate Developers and Property Owners:

Urban development and property management face growing water-related regulatory requirements:

On-Site Stormwater Management: Many local implementing regulations require new developments to manage stormwater on-site through:
- Retention ponds or detention basins to capture and slowly release stormwater
- Infiltration wells (sumur resapan) to enhance groundwater recharge
- Permeable paving to reduce runoff
- Green infrastructure (bioswales, rain gardens) to treat and infiltrate stormwater

Requirements are typically scaled to development size—larger developments face stricter requirements. Building permits may be conditioned on installation of required systems, and certificates of occupancy may require verification of proper functioning.

Rainwater Harvesting: Some jurisdictions encourage or require rainwater harvesting systems for non-potable uses (irrigation, toilet flushing, cooling systems). Benefits include:
- Reduced demand on municipal water supplies
- Lower water bills for property owners
- Reduced stormwater runoff volumes

Water Efficiency Requirements: Building codes increasingly incorporate water efficiency standards:
- Low-flow fixtures (toilets, showerheads, faucets)
- Efficient landscaping (drought-tolerant plants, efficient irrigation systems)
- Water audits for large commercial buildings
- Recirculation systems for cooling towers and industrial processes

Groundwater Use in Urban Areas: Property owners extracting groundwater (private wells) in urban areas face increasing regulation:
- Permits required in most cities, particularly for commercial or industrial uses
- Extraction limits to prevent land subsidence and saltwater intrusion in coastal areas
- Progressive taxation with higher fees for larger extraction volumes to encourage conservation
- Well closure orders in areas with severe groundwater depletion

Some cities (particularly Jakarta and Bandung facing serious land subsidence) have established groundwater moratoriums, prohibiting new extraction permits and phasing out existing wells, requiring connection to municipal water supplies.

5.2 Compliance Pathways and Best Practices

For Obtaining Water Use Permits:

Step 1 – Pre-Application Assessment:
- Determine which government level has jurisdiction based on river basin classification
- Assess water availability through consultation with water resources management agency
- Identify potential conflicts with existing users or priority allocations
- Determine if proposed use requires environmental assessment (AMDAL/UKL-UPL)

Step 2 – Technical Documentation Preparation:
- Engage qualified engineers/hydrologists to prepare technical designs
- Conduct water balance assessments demonstrating source adequacy
- Design water intake/extraction systems meeting technical standards
- Prepare water efficiency and conservation measures documentation
- Develop monitoring and reporting protocols

Step 3 – Submission and Processing:
- Submit complete application through Online Single Submission (OSS) system or directly to licensing authority
- Respond promptly to requests for additional information
- Participate in public consultations if required
- Coordinate with other permitting agencies if multiple permits needed

Step 4 – Post-Issuance Compliance:
- Install extraction facilities in accordance with approved designs
- Implement monitoring systems (water meters, flow gauges, quality testing)
- Submit required periodic reports on time
- Maintain records of water use and conservation measures
- Prepare for permit renewal well before expiration (typically 6-12 months advance application)

Best Practices:
- Engage with licensing authorities early in project planning to understand requirements and constraints
- Over-document water efficiency measures—demonstrating commitment to conservation strengthens applications
- Maintain positive relationships with other water users in the basin to minimize conflicts
- Invest in water-saving technologies that provide long-term cost savings while ensuring regulatory compliance
- Participate in river basin coordination forums to stay informed about management issues and planning processes

For Implementing Water Conservation Programs:

Organizations seeking to demonstrate compliance with conservation obligations or qualify for incentives should implement structured conservation programs:

Baseline Assessment:
- Conduct comprehensive water audit measuring current use by process/activity
- Identify water efficiency opportunities (leakage reduction, process optimization, technology upgrades)
- Benchmark performance against industry standards or similar facilities
- Establish measurable reduction targets (e.g., 15% reduction over 3 years)

Technology Implementation:
- Install efficient equipment (low-flow fixtures, closed-loop cooling systems, water recycling systems)
- Implement process modifications to reduce water consumption
- Install sub-metering to track water use by department/process for targeted management
- Implement automated controls to prevent waste (automatic shutoffs, leak detection systems)

Operational Improvements:
- Train staff on water conservation practices
- Establish preventive maintenance programs to reduce leaks
- Optimize operating schedules to reduce water use during peak demand periods
- Implement wastewater reuse and recycling where feasible

Monitoring and Reporting:
- Track water use continuously through metering
- Compare actual performance against targets
- Report conservation achievements to regulatory authorities and stakeholders
- Obtain third-party verification of conservation claims to enhance credibility

Institutional Integration:
- Designate water management responsibility to specific staff positions
- Integrate water conservation into corporate sustainability commitments
- Link employee performance evaluations to conservation targets
- Communicate conservation achievements in sustainability reports and public disclosures

For Managing Compliance with Wastewater Discharge Requirements:

Industries and municipalities discharging wastewater must establish comprehensive compliance management systems:

Treatment System Design and Operation:
- Design treatment systems to achieve effluent quality standards with safety margins (aim for 20-30% better than required limits to accommodate variability)
- Implement multiple treatment stages (primary, secondary, tertiary as needed for specific pollutants)
- Maintain redundancy in critical treatment components to prevent compliance failures during equipment breakdowns
- Establish preventive maintenance schedules for treatment equipment
- Train operators and maintain adequate staffing levels for proper system operation

Monitoring and Quality Assurance:
- Implement self-monitoring programs meeting permit requirements (frequency, parameters, methods)
- Use certified laboratories with quality assurance/quality control protocols
- Maintain comprehensive monitoring records (required for inspections and reporting)
- Install continuous monitoring systems for critical parameters (pH, flow rate, key pollutants)
- Establish alert systems for process upsets or exceedances

Compliance Reporting:
- Submit Discharge Monitoring Reports (DMRs) according to permit schedules (typically monthly or quarterly)
- Report exceedances immediately as required (within 24 hours for serious violations)
- Maintain transparency—proactive disclosure of problems is better than concealment discovered during inspections
- Document corrective actions taken to address non-compliance

Pollution Prevention:
- Implement source reduction measures to prevent pollutants from entering wastewater (preferable to end-of-pipe treatment)
- Segregate highly polluted streams for specialized treatment
- Implement good housekeeping practices (spill prevention, material management)
- Train staff on pollution prevention techniques

Emergency Preparedness:
- Develop and maintain spill prevention and response plans
- Conduct regular emergency drills
- Maintain spill response equipment and materials
- Establish notification protocols for regulatory authorities in emergencies

5.3 Emerging Issues and Future Developments

Climate Change Adaptation:

Indonesia's water resources are increasingly affected by climate change, manifesting in:
- Increased variability: More intense rainfall events alternating with prolonged droughts
- Seasonal shifts: Changes in monsoon timing and intensity affecting traditional agricultural calendars
- Sea level rise: Exacerbating coastal flooding and saltwater intrusion into freshwater aquifers and river mouths
- Glacier retreat: Affecting long-term water supplies in high-elevation regions (though limited in Indonesia compared to other Asian countries)

UU 17/2019's planning provisions require consideration of climate variability, but implementing regulations and management practices are still evolving to address these challenges. Future developments likely include:
- Enhanced water storage infrastructure (reservoirs, aquifer storage and recovery) to buffer increased variability
- More flexible allocation systems that can adapt to changing availability
- Improved forecasting and early warning systems
- Integration of climate projections into long-term water planning

Water-Energy-Food Nexus:

The interdependencies among water, energy, and food systems are increasingly recognized:
- Irrigation agriculture is water-intensive but essential for food security
- Hydropower generation depends on water availability but can conflict with irrigation needs
- Energy is required for water pumping, treatment, and distribution
- Food production choices affect water demand (e.g., shift from rice to less water-intensive crops)

Future water management approaches will likely emphasize integrated nexus planning that optimizes across these interconnected systems rather than managing each sector independently.

Private Sector Participation:

Tensions persist regarding appropriate roles for private sector involvement in water services:
- Constitutional constraints limit privatization of basic water services
- However, private technical and financial resources may be needed for infrastructure investment
- Public-private partnerships (PPPs) are emerging in water supply and wastewater treatment
- Regulatory frameworks for PPPs in water are still evolving, creating uncertainty

Future developments will likely clarify permissible models for private participation while maintaining public control and affordability.

Transboundary Water Issues:

Several of Indonesia's major river basins originate in or flow through neighboring countries (particularly in Kalimantan sharing rivers with Malaysia, and in Papua sharing rivers with Papua New Guinea). UU 17/2019 primarily addresses domestic water management, but transboundary coordination mechanisms are underdeveloped. Future developments may include:
- Bilateral or multilateral river basin agreements with neighboring countries
- Joint monitoring and data sharing protocols
- Coordinated approaches to pollution control and ecosystem protection
- Dispute resolution mechanisms for allocation conflicts

Digital Water Management:

Emerging technologies offer opportunities for improved water management:
- Smart metering providing real-time water use data for consumers and utilities
- Remote sensing (satellite imagery) for monitoring water bodies, irrigation, and land use changes
- Hydrological modeling using advanced computational tools for improved forecasting and planning
- Data integration platforms providing comprehensive water information systems accessible to stakeholders
- Blockchain for transparent water rights trading and allocation systems

Regulatory frameworks will need to evolve to accommodate these technologies while addressing data privacy, access equity, and reliability concerns.

Conclusion

Undang-Undang Nomor 17 Tahun 2019 tentang Sumber Daya Air represents a comprehensive and constitutionally grounded framework for governing Indonesia's water resources. The law establishes fundamental principles—state control for public benefit, guaranteed access to water for basic needs, priority allocation systems, integrated river basin management, and mandatory conservation—that provide a coherent structure for water governance.

The law's river basin approach, prioritizing hydrological realities over administrative boundaries, reflects international best practices in integrated water resources management. Its hierarchical planning framework (from strategic Pola through operational Rencana to annual programs) provides a systematic process for translating broad principles into actionable management decisions. The multi-tiered licensing system, while complex, establishes clear requirements for different water uses and user categories.

However, implementation challenges persist. Coordination across government levels and sectors remains difficult despite formal coordination mechanisms. Monitoring and enforcement capacity is often insufficient, particularly at regional and local levels. Competing demands from growing urban populations, expanding industries, and agricultural needs create allocation tensions that management systems struggle to resolve. Climate variability adds uncertainty that static regulatory frameworks address imperfectly.

For stakeholders—whether municipal utilities, industrial users, farmers, hydropower developers, or property owners—understanding UU 17/2019's requirements and implications is essential for compliance and strategic planning. The law establishes not merely prohibitions and obligations but also rights and priorities that can be leveraged in allocation decisions and dispute resolution.

Looking forward, Indonesia's water law framework will likely continue evolving through implementing regulations, administrative practice, and potentially legislative amendments addressing emerging issues: climate adaptation, private sector roles, digital technologies, and transboundary coordination. Stakeholders should monitor these developments and engage in policy processes to ensure that water governance effectively balances environmental sustainability, economic development, and social equity—the ultimate objectives underlying UU 17/2019.

Key Takeaways:

1. UU 17/2019 establishes state control over all water resources with a constitutional mandate to manage water for public benefit, not private profit.
2. Citizens have a guaranteed right to 60 liters per person per day for basic needs—this is justiciable and does not require licensing.
3. Priority allocation system places basic needs first, smallholder irrigation second, with industrial and commercial uses subordinate during scarcity.
4. River basin approach organizes management by hydrological boundaries, requiring coordination across administrative jurisdictions.
5. Three core management functions—conservation, utilization, and disaster control—must be integrated in planning and operations.
6. Authority distribution follows river basin geography: cross-provincial basins managed by central government, cross-district by provinces, single-district by local governments.
7. Comprehensive licensing system covers water extraction, commercial water use, facilities construction, and wastewater discharge—understanding which permits apply to your activities is critical.
8. Conservation obligations extend to protection zones, water quality maintenance, groundwater management, environmental flows, and watershed protection.
9. Enforcement combines administrative sanctions, civil liability, and criminal penalties—serious violations carry significant consequences.
10. Implementation remains evolving—monitoring implementing regulations and participating in river basin planning processes is essential for stakeholders.

Official Legal Reference:
- Primary Legislation: Undang-Undang Nomor 17 Tahun 2019 tentang Sumber Daya Air (LN.2019/NO.190, TLN NO.6405)
- Official Source: https://peraturan.bpk.go.id/Details/122742/uu-no-17-tahun-2019
- Implementing Regulation: Peraturan Pemerintah Nomor 30 Tahun 2024 tentang Pengelolaan Sumber Daya Air
- Status: ACTIVE (as of November 26, 2025), with partial amendments by UU 32/2024

Search Verification Conducted: November 26, 2025 via peraturan.bpk.go.id

This Regulatory Matrix Analysis (RMA) article was prepared by the Legal Analysis Team. While every effort has been made to ensure accuracy based on available sources, readers should consult the official legal texts and seek professional legal advice for specific applications. The regulation was verified as ACTIVE as of the publication date, but regulatory status should be confirmed before reliance.

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