Strengths and Limitations of The Indonesian Constitutional Court’s '6 Basic Principles' in Resolving Water Conflicts

📣 My research paper, "Strengths and Limitations of The Indonesian Constitutional Court’s '6 Basic Principles' in Resolving Water Conflicts," has been published in the Constitutional Review, Volume 9, Number 1, May 2023. 📚

🔍 About the Paper
This paper critically examines the "6 Basic Principles" introduced by the Indonesian Constitutional Court for resolving water conflicts. These principles were introduced after the Court invalidated Water Law 7/2004. The paper employs a normative-analytical methodology, incorporating frameworks from water law and governance into constitutional adjudication.

📌 Key Findings
Various types of water conflicts in Indonesia are identified.
The "6 Basic Principles" are ambiguous and have limitations in their scope and implementation.

The principles are more applicable to resolving conflicts arising from water allocation than those from water quality degradation or spatial plans affecting water resources.

💡 Strengths and Limitations
Strengths: The principles provide basic normative guidance for resolving conflicts in water allocation and emphasize the protection of human rights and the environment.

Limitations: The principles neglect efficiency, are difficult to implement in conflicts over water quality or spatial development, and potentially restrict the reallocation of water among different users.

👉 Recommendations
The paper recommends that the Constitutional Court should revise and expand the principles using a teleological approach. It also suggests that the implementation of these principles should be interpreted teleologically.

🔗 Read the Full Paper Here https://lnkd.in/gEvrCtPe
🏷️ #Water #Conflict #Constitution #WaterLaw #WaterGovernance #HumanRights #EnvironmentalProtection #Allocation