THE PROBLEMS OF THE RIGHT TO CLEAN WATER FROM THE SALUKI RIVER FLOW FOR THE PASIGALA COMMUNITY POST DISASTER

Abstract

As one of the natural elements needed by humans and other living things, the issue of the availability of clean water is an essential issue for the community, especially after the earthquake, tsunami and liquefaction disasters hit Palu City Sigi Regency and Donggala Regency (PASIGALA). Without realizing it, it has almost entered its third year after the disaster; this vital issue has developed because the condition of the water that is suitable for community consumption, which was previously felt to be abundant and can be used together, is now starting to be limited. Thousands of people only rely on tank cars. Recently, there has been a wise thought that water as common property can be positioned as a human right. Therefore, the state should fulfil it as the implementation of control of resources (water) by the state. Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia expressly states the concept of the state's right to control water resources to achieve people's prosperity. This normative research seeks to explain the fulfilment of the right to water in Indonesia, which is based on the conception and philosophy contained in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The focus is on limiting problems regarding the fulfilment of clean water for the PASIGALA community after the disaster. This study tries to unravel the problems that: 1) the development of global conceptions and ideas has realized the importance of water resources and their recognition as one of the human rights,