Social Justice and Water for All: Constructing a Local Legal Framework for a Good Governance

A. S. Setiawan, Y. Utama, Edy Lisdiyono
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引用次数: 1

Abstract

Fulfilling the needs of water is very important in people's lives because water has become a basic need and part of human rights. Conditions that often arise in the field are the problems related to the water quality, the service coverage, the continuity and the commercial. This research aims to develop the concept of regulation in fulfilling the needs of drinking water for equitable communities through solutions to the problem of the community access rights to get the decent clean water quality, the measurable quantities, and the service processes that do not differentiate the community capacity. This research method is a qualitative narrative with the empirical juridical analysis technique, illustrating the social and legal realities in several cities or districts in Indonesian province, and try to understand and explain the logic of logical interconnection between subjects in society that reveals the relationship between laws that are considered fair, or vice versa. The concept of Local Government in fulfilling the needs of drinking water for the community must be fair, comprehensive, and sustainable. However, on the other hand, people often get conditions which are not ideal in the form of water rights and protection services. This research discovers that efforts are needed to develop the concept of local government responsibility by making an ideal and holistic law in the spirit of equity and justice, taking into account the interests of the preservation of water resources themselves. The reconstruction of the concept of regulation of the responsibility of local governments, in fulfilling the needs of drinking water for the community, is needed because there has been a change in water as an economic value, and not human rights anymore.
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社会正义与人人享有水:构建善治的地方法律框架
满足对水的需求对人们的生活非常重要,因为水已经成为一项基本需求和人权的一部分。在现场经常出现的情况是与水质、服务范围、连续性和商业有关的问题。本研究旨在通过解决社区获得体面的清洁水质、可测量的数量和不区分社区能力的服务过程的问题,发展监管概念,以满足公平社区的饮用水需求。这种研究方法是用实证法律分析技术进行定性叙述,说明印度尼西亚省几个城市或地区的社会和法律现实,并试图理解和解释社会主体之间逻辑互连的逻辑,揭示被认为是公平的法律之间的关系,反之亦然。地方政府在满足社区饮用水需求方面的理念必须是公平、全面和可持续的。然而,另一方面,人们往往以水权和保护服务的形式获得不理想的条件。本研究发现,需要在公平正义的精神下,考虑到水资源保护本身的利益,制定一个理想的、整体的法律,从而形成地方政府的责任观念。需要重建地方政府在满足社区饮用水需求方面的责任监管概念,因为水作为一种经济价值而不再是一种人权已经发生了变化。
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