正义哲学与人权视野中的水资源规制维度

I. Rideng, I. K. Wijaya, Hartini Saripan
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引用次数: 3

摘要

水资源的管理与社区能否获得清洁用水密切相关,并直接影响到社会正义和基本人权的实现。然而,印度尼西亚水资源管理方面的各种安排被认为不利于正义的概念,而更倾向于商业化和资本化。本研究旨在检视、分析和批判与水资源相关的法律法规。通过考虑水资源领域法律法规的多个多学科方面,包括司法和人权方面,本研究还从哲学、法律和社会学方面进行分析。本研究发现并强调,Pancasila概念可以作为国家控制水资源权利的法律政治基础,从而使水资源的管理不压迫社会和经济弱势群体或穷人。水的可用性是恒定的,而对水的需求在数量和质量上都在增加,那么将会发生的是短缺。在水资源短缺的这个阶段,公平原则在水资源管理中变得非常重要。获得水的正义不是个人或微观的正义,而是社会或宏观的正义。获得水的正义作为一项人权,不能在市场机制的基础上留给每个人,但政府的干预,以确保水的权利的实现,至少是非常需要的。
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Dimensions of Water Resources Regulation in Philosophy of Justice and Human Rights Perspective
Management of water resources is closely related to the availability of access to clean water for the community and has direct implications for social justice and the fulfillment of basic human rights. However, various arrangements in the management of water resources in Indonesia are considered not in favor of the concept of justice and are more directed towards commercialization and capitalization. This research is intended to examine, analyze, and criticize laws and regulations related to water resources. By consdiering several multidisciplinary aspects in the laws and regulations in the field of water resources, including aspects of justice and human rights, this research also analyzes from the philosophical, legal, and sociological aspects. This research found and emphasize that the concept of Pancasila can be a legal political basis for the state's right to control water resources to be directed so that the management of water resources does not oppress those who are socially and economically weak, or the poor. The availability of water is constant, while the demand for water is increasing in quantity and quality, then what will happen is scarcity. At this stage of water scarcity, the principle of justice becomes very important in water management. Access to water justice is not individual or micro justice, but social or macro justice. Justice to get water as a human right cannot be left to everyone based on a market mechanism, but government intervention to ensure the fulfillment of the right to water, at least is very much needed.
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来源期刊
CiteScore
2.10
自引率
0.00%
发文量
13
审稿时长
20 weeks
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