ANALISIS DOKTRINAL TARAF SINKRONISASI VERTIKAL PENERAPAN NILAI KEADILAN SOSIAL DI BIDANG PENGELOLAAN SUMBER DAYA AIR

Abstract

The researches about Water Resources Management were often have been done by previous researchers, but haven’t reach the basic idea of water resources management related the social justice. The doctrinal analysis was chosen to examine synchronization in vertical perspective. There are two problems in this research, those are (1) How vertical synchronization grade in Water Resources Management? (2) Why vertical synchronization grade in Water Resources Management was very difficult to be realized? These problems will be solved by doctrinalresearch approach. The results show that there is inconsistency in implementing of social justice value in regulation of water resources management. There is no vertical synchronization in regulation between UUD 1945, UUSDA, PP 16 Tahun 2005, Permendagri No. 23 Tahun 2006 serta Perpres No. 77 Tahun 2007. Based on analysis of document about RUU SDA meeting and Decision of Constitutional Court (MK) about Judicial Review of UUSDA, there was evident that DPR and Constitutional Court were trapped into legal-positivism thinking. They did not conduct ‘moral reading’ of Indonesian constitution. Through Perpres No. 77 Tahun 2007 that permits the foreign investors are able to occupy the share of water corporation until 95% more shows that disharmony in vertical perspective has occurred in regulation of water resources management.