Published by Indonesia Water and Sanitation Working Group. First Edition on August 2003

1. Care About the People? Think About Water and Sanitation!
3rd Edition, 2010
Information Media of Water Supply and Environmental Sanitation

2. Information Media on Water Supply and
Environmental Sanitation
Table of
Published by: Contents
Water Supply and Environmental Sanitation
Working Group
(WSES Working Group) From the Editor ….....................…………………………………………………………………….. 3
Your Voice …......................……………………………………………………………….…………… 4
Responsible Person Main Report
Housing and Settlement Director of Bappenas UN General Assembly Legalized Human Right to water Resolution ………. 5
Environmental Sanitation Director of the Right to water as Human Right ............……………………………………………..... 10
Health Ministry Regulation
Water Supply Development Director of the Law No 39 Year 1999 on Human Right …………………………………….............. 14
Public Work Ministry Agenda
Natural Resources Improvement and Efficient International Anti Poverty Day, the Difficult Access to Water Supply and
Technology Director of Domestic Affair Environmental Sanitation as Part of Poverty ........……………………………….. 16
Ministry Discourse
Director of Spatial and Environmental Facili- Nuisance on Right to water and Housing (first paper) .………………….……..18
tation of the Domestic Affair Ministry The State Must Guarantee the People’s Right to water .......................... 24
Care about the People? Think about Water Supply
Head of editorial staff and Environmental Sanitation! ……………………….…………………………...…. 28
Oswar Mungkasa Interview
Nugroho Tri Utomo, Housing and Settlement Director of Bappenas ...… 31
Editorial Staff Hamong Santono, KRUHA ...................……………….….…………………………… 34
Maraita Listyasari A Patra M Zen, YLBHI Director ……………...................……………………………. 36
Nugroho Tri Utomo
Innovation
Oxidation Technology for Water Supply …………………………..…….............. 38
Managing Editor
Clay, an Effective Media to Clear Muddy Peat Moss Water ……………...... 41
Eko Budi Harsono
Different Side
Islam Shari’a as Solution ………………………………………………........................ 45
Design and Production
Reportage
Agus Sumarno
Public Dialogue on the Lookout for Water Conflict
Sofyar
Water Conflict Needs to be Anticipated by the Local Government ……...46
30% Toddler’s Death Due to Poor Sanitation ...........…………………………....48
Circulation/Secretariat
HCTPS Workshop for Elementary School Teachers of DKI Jakarta
Agus Syuhada
Only Three Percent of the Population Are Using Soap to Wash Hands …49
Nur Aini
“Water Politic” Must be the Concern of Local Government .....…………. 50
Synergy of WSES Networking Program and GBCI ………………….............… 53
Editorial Address
Guidance
Jl. RP Soeroso 50, Central Jakarta,
Numbers of Technology to Acquire Water Supply ………………………......... 54
Ph/Fax: (021) 31904113
CD Info …..........................….……………………………………………………………………….. 55
Website: http//www.ampl.or.id
Books Info ......................….……………………………………………………………………..… 56
e-mail: redaksipercik@yahoo.com
Website Info .....................……………………………………………………………………….... 57
redaksi@ampl.or.id
WESE Literatures .....................…………………………………………………………………... 58
Facts
Editors accept external papers/article
US$ 150 Billion is Required To Prevent World’s Water Crisis .....…………. 59
concerning water supply and environmental
sanitation.

3. From the Edis II 2010
Edisii IIII,, 2010
Editor
T
ime went so fast, we have just celebrated not only of the world, but also of Indonesia. It has
1431 Hijra Idul Fitri. For those who become a long obsession on behalf of the stakeholders
celebrated the holiday, we would like to that right to water as one of the human rights be the
say Congratulation. From the very depth mainstream of the development in Indonesia. Thus
of our heart, we seek Forgiveness. May we hopefully, the number of Indonesian people without
all become better person. access to the water supply can be reduced significantly.
On early September, we heard the news of UN Naturally, it’s not that simple; especially considering
General Assembly Resolution regarding Right to Water numbers of local governments who have not completely
as Human Right. Some people may be shocked, but aware that water supply is an obligatory task of the local
many took the news without particular action due to government. Surely there is still a long way to go. In
various reasons; maybe because human rights have that matter, we then would like to utilize the moment
been the hot topic in Indonesia for the past decade. of this resolution to rebuild our determination regarding
This was also supported by Law No 39 Tear 1999 on the magnitude of the leftover responsibility. There are
Human Rights. Although the idea of human rights itself still 100 million of our fellow countrymen who are still
has been included in the Constitution (UUD 1945), without access to the water supply.
acknowledgement of Right to Water as Human Right in To fully give the responsibility on the water supply
Indonesia has also been adopted implicitly in the existing to the local government is also not a wise option. We
regulations. It was started by Law No 7 Year 2004 on all should work together hand-in-hand with the local
Water Resources, followed by Government Regulation government to complete this homework; as one of
(PP) No 16 Year 2005 on Water Supply Provision System. the human rights principles, helping one another and
This resolution represents a major progress on the synergizing to achieve the common goal. Let’s go then.
water supply and environmental sanitation development, What are we waiting for? (OM).
POKJA
3

4. Your
Voice
cause o the greedy and ignorance nature of
c of attention to the basic rights such as water,
t earth’s creature.
the education and health? Did the people asked
So powerful is water in our lives, thus too much? All they need is for their rights to
Internship at Percik Magazine take a very good care of that water, and use be completed. To cry, they will think twice,
I would like to introduce myself. My it wisely. Moreover, water strength will in- because it would mean wasting “tears”.
name is Muhammad Chaidir. I’m a college crease and bring positive effect on our body Once again, we must be very careful when
student of Communication Science of Reli- if prior to using the water, such as before we dealing with water. One wrong step will not
gious Moestopo University in Jakarta. I have drink, we pray beforehand. This was proven only cost one life, but also the future of our
read Percik magazine at the college library by a Japanese professor with his research on children and grandchildren.
and seen the content as well as several issues water that will alter its texture and crystal Maftuhah
that specifically discussing Water Supply and according to the condition of the user. There- Menteng, Jakarta
Environmental Sanitation (WSES) which was fore, utilize the positive strength of water by
provided in simple, smart, and concise as to using it carefully.
challenge me to take my Final Assignment
in relation of the media function that you’re
Rini Utami Azis Do Not Reuse
managing in reference to the WSES develop-
Solo, Central Java the Plastic Bottle
Water plastic bottles and glasses are
ment in Indonesia.
often being reuse. In fact, those bottles and
I am hoping that the editors of Percik
Magazine will give me an opportunity to
Growing Crisis of glasses are often used over and over again.
perform research for my final assignment Water Liberalization Actually, the package (bottles and glasses) is
on the Function of Internal Media in Gov- Liberalization wave seems to be inevi- only for one time use. There is health stan-
ernment Program of WSES Development table anymore. All aspects of our lives must dard that must be complied by the produc-
Acceleration. If it is possible, I will send my submit to international agreements which ers. This standard was meant to minimize
covering letter from my college and my Final only concern is big capital owners. the number of bacteria in the package.
Assignment Proposal. Thank you very much. Discrimination in water privatization has When the seal is broken, the bottle
Greeting for Percik. been revealed. One proof of policy that is should not be reused, because those plastic
Muhammad Chaidir against the people is when water become bottles and glasses were made from poly-
Moestopo University Jakarta business, thus it has become more than ethylene terephtalate or PET that contain
moving to gain profit, but also to tie and be- carcinogen (causing cancer). The substance
Thank you for your kind attention and guile others as to bow down to it, to those is hazardous to the human health if it was
your trust on Percik Magazine. Please send who have power over it. Water management swallowed. Through series of bottle steril-
your formal request to perform research. We is no longer considering water management ization standard, when it’s sealed, the sub-
will gladly help you. Greeting from Percik. in system as to provide fair, impartial, and af- stance is inactive. The number of bacteria in
fordable water service for the population. the package is guaranteed to comply with
Water is the basic needs of human, thus the tolerance threshold.
Let’s Respect Water it can not be commercialized as people’s ba- However, do not make mistake, for these
Who can live without water? Water is
sic needs, as guaranteed in verse 33 of the bottles were not only made of PET, but also
very useful in our daily lives at the moment.
Constitution (UUD 1945). For example, in PVC (Poly Vinyl Chloride), and this is far more
When we feel hot and dirty after daily activi-
Batam, elite estates become the first priority, hazardous because it can cause acid rain
ties, we utilize water for showering. We then
while population of other regions with lesser when it is being burned. PVC even has haz-
drink water whenever we are thirsty, and
economic status and slump areas, such as ard potencies for liver, heart and weight. The
there are much more proof of our depen-
Teluk Lenggung, Pungur, are left behind and change from PVC to PET has actually started
dency on water.
still consuming well water, which according since the year 1988. Hopefully, there will be
Water is so common in our lives that we
to the test result of the Health Department, no more factories using PVC.
took it for granted. We only realized it when
is not feasible to be consumed due to the Reusing plastic bottles and glasses cause
we’re facing difficulties to acquire clean
high number of bacteria and under the pH the carcinogenic substance to dissolve in
water. When water pipes are experiencing
standard. Meanwhile, water treatment in- the water we drink. If we have to reuse the
disturbance, and the water came out dirty
stallation (IPA) was built only several meters bottles and glasses, we must wash them first
and muddy, we will be bothered. What will
from their house. with soap containing disinfectant or anti bac-
happen if we can no longer enjoy water?
The growing number of suicide rate due terial. Household soaps have complied with
Drought, aside from the disastrous
to the high life pressure is another issue. the standard.
flood has happened
How come the government is still not paying Wahyu, Surabaya
b e -
4

5. Main Edisi III, 2010
Report
UN General Assembly Legalized Resolution of
Human Rights on Water
O
n early September, In the resolution, UN General to proper sanitation facilities. This
the world’s Assembly exhorted all of the access difficulty has caused among
population, international population and others, 1,5 million death of babies
especially Water Countries that have signed the due to proper-sanitation-and-water-
Supply and resolution to increase the effort of supply-related diseases.
Environmental Sanitation activist, providing safe, clean, and affordable Resolution of Right to water
and practitioners were shocked by water supply and sanitation to all was legalized through voting of
the issue of UN General Assembly people. “Limited access to water 163 UN member countries. No
Resolution that emphasized access to supply has killed more children than country refuses this resolution. 122
water supply and proper sanitation is AIDS, malaria, and pox”, said the countries including China, Russia,
part of the human rights. To clarify, Head of UN Human Right Council German, France, Spain, and Brazil
UN General Assembly resolution from Bolivia, Pablo Solon in UN are supporting this resolution, while
with the title: “The right to acquire official website. 41 countries such as Canada, USA,
clean and safe water supply and UN Environmental Program England, Australia, and Botswana
sanitation is part of the human right, Data has estimated 884 million of were abstained.
and an important element to fully the world population are without Some of the countries that
and comprehensively enjoy the right access to safe water supply, and 2,6 preferred to abstain stated
to life.” billion people have limited access that the
5

6. Main Report
ISTIMEWA
resolution
resolution does not cla
l clarify the Rights (ICCPR), where water was
magnitude of right to water as well as
d f h not mentioned explicitly as human
the task that follows in order to fulfill rights but as an inseparable part of the
the right. Regarding the resolution, agreed human rights, which is right
WSES expert, Hening Darpito said to life, right on proper live, right on
that at first, there was concern that health, right on housing, and right
this resolution of right in water and to eat. Afterward, it was mentioned
sanitation is premature; as it turned more explicitly although still part of a
out in the voting, the resolution convention with different theme, such
has acquired positive responds as said in chapter 14 verse (2) letter h
from almost all of the meeting of The Convention of the Elimination
participants. all Forms of Discrimination Against
Women (CEDAW 1979), that state
Long Way to Go (country) must take measured steps
It was the year 1948 when the in eliminating different forms of
Universal Declaration of Human discrimination on women, especially
Rights (DUHAM) was issued and women right to benefit from proper
followed in the year 1966 during life standards of healthy water supply
the International Covenants on and sanitation. Such was said in
Economic, Social, and Cultural chapter 24 of The Convention on
Rights (ICESCR) and International The Right of The Child –CRC
Covenant on Civil and Political 1989 that in the effort to prevent malnutrition and disease spreading,
ev child posses the right on clean
every
dr
drinking water.
Water Right and Right to Water It was continued by statement
an appeal through Millennium
and
C
omprehension on Water Right and Right to Water is often blur; both
terms are often interpreted to be the same in Bahasa Indonesia, as De
Declaration that comes up with
Right on Water. Nevertheless, the two terms have significant difference. M
MDGs (Millennium Development
The power to attained water from nature is often said as Water Right has the Go
Goals) project, which acting as
following meaning:
co
commitment of the Head of
• Attaining or diverting and utilizing magnitude of water from natural
Co
Countries/Governments as UN
sources.
• Collecting magnitude of water from water sources into one place, such as me
members in fighting global poverty
dam or other structure, or in 2000-2015, encouraging
• Using the water on its natural sources. go
governments to “provide access to
Water Right is a tool issued by a country as a water mastering institution pr
proper water supply and sanitation
to individuals or company who legally termed as ‘licences’, ‘permissions’, for the population who has yet the
‘authorisations’, ‘consents’ and ‘concessions’ to utilize water. Water right in
be t of”.
benefi
economic term is used as a tool to attain retribution of water utilization.
The above term is obviously different with Right to Water as meant in However, the explicit statement
Human Rights Studies. The law that constitutes Water Right assumes that water of water was not specifically
is a commodity requires law protection from those who master it. Water Right me
mentioned until the year 2002,
can be understood as the Right to Attain Water. The difference is that water wh the UN Committee of Social
when
is a necessity (to have) and water as a right. The Right to Water (water as a Ec
Economical and Cultural Right
right) emphasizes more on water as an inseparable part of a dignified human
pr
provided general comment Number
life, therefore Right to Water is absolute and therefore it is mandatory for the
Country to acknowledge.
15 in clarifying chapter 11 and 12 of
The Economic, Social, and Cultural
6

7. Edisi III, 2010
Right Convention, that right to which is freedom and entitlements. the Indonesian Government has
water cannot be separated from other Freedom means there will be ratified international convention
human rights, for water is more than no intervention that can cause on economic, social, and cultural
just economic commodity and right disablement of human right to water, rights through Law No 11 Year
to water is indeed a human right. such as contamination of the water 2005, implying that the country
“The human right to water entitles to be consumed. Entitlement is right must meet the population rights,
everyone to sufficient, physically on water system and management including right to drinking water.
accessible, safe and acceptable water that enable everyone to have same The government seems to be
for personal and domestic uses.” opportunity and access to water. serious in its effort by issuing Law
Right to water also includes freedom No 7 Year 2004 on Water Resources,
to manage access to water. The Government Effort which in verse 5 stated that the
element of right to water must also As other human rights, with country guarantees the right of
sufficient for human’s dignity, life, regard to the country’s position on everyone to acquire water for
and health. Sufficiency on right to the duty caused by the human right, minimal requirement of daily lives in
water cannot be translated narrowly the country has to respect, meaning order to achieve healthy, clean, and
on mere volume quantity and preventing disturbance, directly/ productive live. Further clarification
technology. Water must be treated as indirectly, of the provision of right on right to water in this law said
social and cultural assets, more than to water; to protect, meaning that the people attain the right to
economic asset. preventing involvement of the third (i) acquire information regarding
In the United Nations General party (company) in providing right water resources management; (ii)
Comments of Committee on to water; and to fulfill, meaning acquire proper replacement
Economic, Social, and Cultural taking necessary measures to ensure on detriment die to the
Rights) Number 15, human rights complete fulfillment of right to implementation of
consists of two major components, water. In the context of respect,
7

8. Main Report
water resources managem
management; (iii) Regulation No 16 Year 2005 on disposal or feces slug removal.
benefit from the water resources
benefit Water Supply Provision System In fact, technically, drinking
management; (iv) raise objection on Development as derivation of water quality has been constituted
water resources management plan Law No 7 Year 2004, in this case specifically in Government
that has been announced in certain (i) acquire qualified water supply Regulation No 82 Year 2001 on
time period accordingly to the local service in term of quality, quantity, Water Quality Management and
condition; (v) submit reports and and continuity in compliance with Water Contamination Control to
complaints to the authority on the the existing standard; (ii) acquire ensure protection of public interest.
detriment die to water resources information on the structure and Even so, the government is
management; and/or (vi) submit magnitude of tariff as well as the considered to fail to fulfill the
suit/claim regarding water resources billing; (iii) submit suit on the particular people’s right. “Indonesian
issues that has damaged their lives/ service that has harmed them; (iv) Government’s effort to protect and
living. acquire proper reimbursement due respect right to drinking water is still
While the people’s right is to the service indifference; and far from people expectation,” said
further directed in Governmental (v) acquire service of waste water National Coordinator of People’s
POKJA Right to Water (KRUHA) Hamong
Santono. “Reports by UNESCAP,
ADB, and UNDP, have also firmly
stated that Indonesia is currently on
the slow lane in meeting the target
of water supply and sanitation in
MDGs,” he said.
One of the reason as to the low
access of the public to access drink-
ing water is the small amount of
budget allocated by the government.
In the year 2005, the allocated bud-
get was only Rp 500 billion, and
for the year 2010 was Rp 3 trillion.
Whereas the required budget for
water supply and sanitation devel-
opment was approximately 2 to 3
times the amount. “Clearer political
agenda and commitment is required
regarding the people’s right to wa-
ter. Don’t just signing the resolution
without knowing what to do with
the problems of water supply and
basic sanitation,” said Hamong.
However, back to the one of the
principles of human right fulfill-
ment, the process must also consider
each government capability. Most
important is the strong willingness
from the government to achieve tar-
8

9. Edisi III, 2010
get fulfillment of right to water. This
is obvious considering the –almost Human Right Directorate General, Harkristuti Harkrisnowo:
six times- increment in water supply
and environmental sanitation bud-
Numbers of Problems in the Water Sector
get allocation in five years period Have Come to Government Attention
ISTIMEWA
(2010-2014) compare to the previ-
ous five years (2005-2009). In the Workshop of Right to Water
that was held by WSES Working Group at
Local Government Bogor, Human Right Directorate General,
as the Spearhead Harkristuti Harkrisnowo in her written
More often than not, the main speech that was read by Human Right
actor of water supply and environ- Cooperation Director, Dimas Samudera Rum
mental sanitation is forgotten. Based said that water is an absolute necessity in
on the existing regulations, local every living creature’s life. Without water,
no life can survive. However in reality, the
government is the one who have the
world is experiencing problems with regard to water due to various
mandate to provide water supply.
factors, such as rapid growth of world population, and current
Thus an important question arisen,
unsustainable water management.
as to how far is the concept of right
It was also said in the speech that numbers of international
to water as human right has been
policies regarding right to water have been issued such as CEDAW
comprehended by decision makers
(Convention on the Elimination of All Forms of Discrimination
at the region. If this has not been ac- Against Women), CRC (Convention on the Rights of the Child) and
knowledged, we should not get our ICESCR (International Covenant on Civil and Political Rights and
hope up for the UN resolution to International Convention on Economic, Social, and Cultural Rights).
have impact on water supply access Also included UN ECOSOC DECLARATION (Economic, Social, and
improvement in Indonesia. Even Cultural Declaration) on November 2002.
after it has been acknowledged, the While Indonesia has acknowledged entitlement of the basic right
next step will be to know how far since the beginning in basic Constitution of UUD 1945 Chapter 33
the comprehension has been inter- stating that “Earth, water along with its natural wealth is mastered
nalized in the planning document by the country and utilize for the welfare of the people.” Thus, it
of local government, such as Lo- is the task of the country to guarantee water provision for every
cal Mid-Term Development Plan citizen.
(RPJMD). Continue as such un-
til a fund is allocated for marginal
groups. be made clear of WSES budget in fulfilling human right which
It is the task of the central and allocation, especially for those that is interdependence, is a necessity.
provincial governments to make the are marginalized. Seems it will take Fulfillment of right to water as
concept of right to water as human quite some time considering 500 human right will not be achieved
right to be the mainstream of water kabupaten/kota in Indonesia. if the government is left to work
supply and environmental sanitation alone. Let’s work together. There are
development in the local level. Duty of All still approximately 100 millions of
Advocatory effort is needed both It is clear that a little bit of our fellow countrymen are without
to the executives and legislatives, patience on our part is required to access to water supply. Most of
followed by internalization through see the result of government effort. them come from marginalized
reviewing of RPJMD documents, Surely cooperation of all parties, groups. (OM)
so the dramatic improvement can and this is also one of the principles
9

10. Laporan Utama
POKJA
Right to Water as
Human Right
I
n the history of mankind, wa- more than mere mercy based-service; without access to drinking water were
ter has taken central position (ii) basic access accomplishment needs especially low income people who are
and guarantees the continuity to be accelerated; (iii) those who were living in the rural areas.
of human’s life in the face of ignored receive more attention so that Women. Women in many com-
this earth. Water relates with the gap could be reduced; (iv) margin- munities have lower status compare to
somebody’s right to live, thus become alized people and community will be the men. Theirs is the task to collect
an inseparable part within the term of empowered to take role in the deci- or acquire water for domestic daily
human rights. Water entitlement as sion making process; (v) country will needs. The data shows that 70 percent
human right indicates two things; on be more focus on fulfilling its duty out of 1,3 billion of very poor people
one side is acknowledgement that wa- due to international monitoring. are women (WHO, 2001). Research
ter has a very important place in the shows that African household spent
lives of human, and on the other side, Who will be impacted the Most approximately 26 percent of their
it is necessary to protect everyone’s ac- Speaking about right to water as time to collect water, and in general,
cess to water. For that reason, right to human right, there are several groups it is the task of women (DFID, 2001).
water needs to be made positive as the that will receive most impact by the This condition has prevented women
highest right in the law aspect, which change about to happen. They will be to work, even to go to school.
is human right. impacted mostly because their rights Children. Improper water condi-
have been neglected for so long, and tion increased the chance of children
The Importance of Right due to various normative and legal to suffer from many diseases. Their
to Water as Human Right excuses were not the target of water immune system has not fully devel-
Without realizing it, there are many supply service providers. oped. Children also often share the
benefits as to the resolution of right Low income people. Among the women’s task as water collector. As the
to water as human right. For instance impacted groups, the poor is the most effect, in many countries, many chil-
(i) water became legal suffering. This was represented by the dren do not go to school.
right, data showing 80 percent of the people Indigenous people. Actually, it
10

11. Edisi III, 2010
was this indigenous people who are when it reduced someone’s ability to housing/settlement.
utilizing the traditional water sources. buy other basic needs such as food,
However, with the growth of an area, housing, healthcare and education. It Country’s Obligation
the water source was then contami- is not recommended for a household The emerging issue is then how to
nated or being used exceeding its ca- to spend more than 3% of income for place the country in its relation with
pacity. This condition has left them drinking water; (iv) accessible service. water as public or social asset that has
without access to water. When is a service accessible? Govern- been acknowledged as part of human
ment must ensure that access to water right. Based on UN Committee’s gen-
Main Principle is available inside or within the prox- eral comment Number 15 regarding
The main principle of human right imity of house, school, or workplace. Economic, Social, and Cultural Rights
in relation with water supply and san- If possible, tolerable condition which that right to water as other human
itation development is (i) equality and is the time requires in getting to the rights has raised three types of obliga-
without discrimination. This prin- water source is 30 minutes at most. tions for the country to take, which is
ciple is the most prominent among Safety during the process of collecting obligation to respect, to protect, and
other basic principles of human right the water must also be considered; (v) to fulfill.
framework. Consolidating this prin- sufficient water. How many water per Obligation to respect: maintaining
ciple into WSES development policy person is considered to be minimum the existing access. This implies that
requires special effort to identify the requirement? UN indicates that water the country does not disturb either di-
most marginalized and vulnerable be sufficient for drinking, sanitation, rectly or indirectly the present of right
individual and groups in water sup- clothes washing, and cooking. At 20 to water. Other obligation includes
ply and sanitation access availability. liter per person per day is required. not restricting access of anyone.
Moreover, proactive actions are neces- A water source is considered to be Obligation to protect: involving
sary to ensure that marginalized indi- sufficient if the minimum volume is the third party. This obligation com-
viduals and groups are included in the 100 liters; (vi) accessible information. pels the country to prevent third par-
target and become the focus of inter- Right to water as human right also ty’s involvement at any mean on the
vention. Included in these groups are ensures available access to informa- present of right to water. Third parties
women, children, rural communities, tion on government’s strategies and including individual, group, compa-
slump areas, low income communi- policies, and also enables the people ny, and institution are under the gov-
ties, nomadic communities, refugees, to participate. ernment. The obligation also includes
senior citizens, remote communities, adopting effective regulation.
disabled people, and the people at wa- Right to Water as Prerequisite Obligation to fulfill: facilitation,
ter vulnerable-areas. Establishing the of Other Human Rights promotion and provision. This obli-
integrated data of these groups has be- Right to water has become a pre- gation compels government to take
come a necessity. The main issue that requisite to fulfilling other human measures to fulfill right to water.
also served as hot topic is affordability rights. As an illustration: (i) right on How about local governments? In
without differentiating whether the food. Unsafe water consumption has reality, the determinant factor of fulfill-
service provider is private or govern- prevented the effort to sufficient basic ing right to water as human right lies
ment. Government is responsible to nutrients and thus, right on food; (ii) in the hand of the local government.
ensure that water is affordable to all, right to live and right on health. Insuf- UN General Comment Number 15
even those who cannot afford to pay. ficient safe water has become the main is stating that the central government
The effort can be made among others cause of babies deaths all around the
through provision of certain amount world; (iii) education right. Collect- Misunderstanding
of free water, tariff block system, cross ing water in many countries are the of Right to Water
subsidy mechanism and direct sub- task of women and children, whereas Water as Human Right does not
mean….
sidy. (ii) safe and acceptable. Water time and distance sometimes requires
must be safe for domestic use, and over 2 hours trips as to prevent them • … that water is provided free for
the minimum volume must be avail- to attend school. This includes ab- all.
• … that all house must be served
able for drinking water; (iii) afford- sence due to diarrhea; (iv) right on through direct connection even
able service. What is affordable? Pay- housing. Drinking water availability when it is financially not feasible.
ment is considered to be unaffordable is an important condition of proper • … that the government itself must
provide service without delegating
the task to other non government
11 parties

12. Prominent Practice
Belgia. Social fund is introduced
and funded through the source of wa-
Main Report ter levy. Social fund income is being
used by social institution to cover ser-
vice cost of the lowest income people.
must ensure that local governments
gov the population; (b) economically af- Other than that, free water consump-
tion was given as much as 15 m3 per
h
have sufficient capacity bot in term
ffi
sufficient b
both fordable. Water along with its facilities family.
of financial and human resources to and services must be affordable to all. Poto Alegre, Brazil. Public compa-
provide water supply service. Further- Costs incurred, both directly and in- ny as the water supply service provider
applies participative budget planning
more, the service must also comply directly and other water-related costs process. In public meetings, everyone
with the fulfillment of human rights must be affordable; (c) non-discrimi- is free to speak regarding budget pri-
principles. nation. Water along with its facilities ority. This model has generated dra-
matic increment in drinking water ac-
and services must be accessible to all, cess to low income community.
Indicator of Right to including vulnerable or marginalized South Africa. Every drinking wa-
Water Fulfillment groups, both in term of the law and ter service provider institution must
have consumer service unit to receive
Water sufficiency as prerequisite real field fact without discrimination; every complaints. Water Ministry is
of right to water fulfillment, in any (d) information access. Access to water prerequisite to have a national infor-
circumstances must comply with the also includes the right to seek, receive mation system which is accessible to
the people.
following factors (i) availability. Wa- water-related information.
ter supply for everyone must be suf-
ficient and sustainable for individual Materializing Water stand their rights. In turn, they must
and household needs; (ii) quality. as Human Right also know their obligation. On one
Water for everyone or every house- In reality, numbers of factors are side, public authority must also know
hold must be safe, free of microorgan- required to ensure water as human their obligation. Three, multi-parties
ism, chemical and radiology elements right. One, government must have dialogue. This dialogue involves num-
which are hazardous to human health; effective regulation and institution, bers of parties from the private sector,
(iii) accessible. Water as well as water including public authority with clear NGO, low income community, which
facilities and services must be acces- mandate with proper and sufficient will contribute in the process of plan-
sible by all without discrimination. financial and human resources. Two, ning, development, and management
Accessibility is marked by (a) physi- information and education. This is of water supply services. This will
cal accessibility. Water along with its important in ensuring transparent generate a more transparent and re-
facilities and services must be able to and responsible water management. sponsible public authority. Four, cost-
be accessed physically for everyone in The people must know and under- sharing solidarity mechanism. As an
example, tariff system may use cross
subsidy, where the ‘have’ pays more.
Frequently Asked Question Meanwhile, right to water is not
• Is 20 liter per capita per day is sufficient to fulfill human right? NO. 20 liters per capita per day is
the minimum but not yet fulfill the requirement in relation of the health aspect. To meet that, only applicable to public companies,
the minimum requirement is between 50 to 100 liters per capita per day. but also to private. As an illustration,
• Is fund to achieve water requirement fulfillment really an obstacle? NO. It is true that large the International Federation of Pri-
amount of fund is required. However, it has been proven that the cost of insufficient water sup- vate Water Operators AquaFed, that
ply is even greater, in form of decreasing health quality of the people, loosing productive time
represents various water service com-
and school’s absence. Moreover, the fund requirement is not necessarily to be met immediately,
but accordingly to the capacity of each government. panies from small to international
• Is everyone, even those who live in remote areas are prerequisite to have access through the scale, has included issue on right to
piping system? NO. Government must only ensure that everyone have access to qualified (in water in company regulation. There
term of availability, access, affordability, quality) access, however every region requires different are three required elements in order
services in accordance with each region’s requirement. for the operator to implement the
• Does the government must provide free water? NO. Human rights only guarantess that drinking
concept of right to water, namely (i)
water must be affordable and not preventing other human rights such as food, housing, and
health. clear contract including the role and
• Does human right forbid private involvement in the water supply service? NO. Human right did responsibility of the operator; (ii) the
not constitute certain form of water supply service. However, government must ensure, through present of subsidy or low tariff for low
regulation, monitoring, and reporting procedure, that all providers (public and private) do not income community; (iii) the present
violate human rights.
of sustainable social mechanism on
• Does entitlement of right to water as human right encouraged water supply fulfillment? YES.
Among other factors, human right stabilized the law framework which depicted right and obliga- services toward marginalized groups
tion, and encourage more attention toward the poor, and non-discriminative services. Human (poor, homeless, etc.).
rights urge the people to be actively involved.
12

13. Edisi III, 2010
A Brief Look on Human Rights
Definition and Characteristics of Human Right made), is now have less power and can be held respon-
Human right is basic rights own by human, in accor- sible in the eyes of the law (Mansyur Effendi, 1994). The
dance with its nature, given directly by God. When these birth of Magna Charta is then followed by a more con-
rights are ignored, it is impossible for the human to live crete development by the birth of Bill of Rights in Eng-
as people. Officially in chapter 1 of Law No 39 Year 1999 land in the year 1689. At the time, an adage has arisen,
on Human Right it is stated that “Human Right is a set with the main thinking that all human are equal in the
of rights that closely relate to the nature and existence eyes of the law (equality before the law). Next devel-
of human as the creature of God and represents His ut- opment of Human Right was marked by The American
most grace that must be respected, upheld, and pro- Declaration of Independence that was born of Rousseau
tected by the country, law, government and all people, and Montesquuiei concept. It is then confirmed that
for the honor and protection of ISTIMEWA human is free since they were still
human’s dignity.” in their mother’s abdomen, thus
Based on the above formula- it is illogical when after they were
tion of Human Right, some con- born they must be chained.
clusion can be made, namely (i) Next in the year 1789 a French
Human Right was not necessar- Declaration was born where stip-
ily be given, bought, or inherited. ulation of right is further define
Human right is an automatic part as stated in the Rule of Law which
of being human; (ii) Human right among others stating that there
is applicable to all without dis- can be no arrest without legal
criminating gender, race, religion, excuse. In that matter, the prin-
ethnic, political view, or social and ciple of presumption of innocent
citizenship origin; (iii) Human right (where those who were arrested,
cannot be violated. No one has the then imprisoned and accused,
right to restrain or violate other’s have the right to resume inno-
right. People resume to have hu- cent, until proven otherwise in
man right, even when the country the court of law) is applied. In the
made laws that are against human French Declaration all rights have
right (Mansyur Fakih, 2003). been included, namely the rights
In essence, Human Right con- that guarantee the growth of de-
sists of two most fundamental basic rights, which are mocracy and law country with previously established
equality right and freedom right. Of the two basic rights, principles. Furthermore, it is also important to know
other rights were formulated, or without the two, other the Four Freedoms of President Roosevelt that was es-
human rights will be difficult to enforce. tablished on January 6th 1941.
All of these rights after World War II (where Hitler
The Development of Human Right Forethought annihilated millions of lives) were made to be the foun-
The development of Human Right forethought in the dation of thoughts in formulating the universal nature
world is initiated in Magna Charta on the year 1215 in of Human Rights, which better known as The Uni-
England, that among others includes the thinking that versal Declaration of Human Rights that was es-
the king who once hold an absolute power (king made tablished by the UN in 1948.
the law, but he himself is bonded by the very law he
13
13

14. Regulation
With their intelligence and conscience, human
have the freedom to decide for themselves their action
or behavior. Furthermore, to balance the freedom,
human still have the ability to responsible for all of
their actions.
It is this basic freedom and rights that was defined
as human right that naturally attached to human as
Law No 39 Year 1999 a grace from God. These rights cannot be
denied. Denial of these rights means denial
on Human Rights of human dignity. Therefore, any country,
government, or organization are obligated
to acknowledged and protect human right
S
o far, human right has been a common topic
on all human without exception. This would mean
among the people. Even so, not everyone knows
that human right must always be the reference point,
for sure what it means. Human right is a basic
and the goal of implementing the life of community,
right that naturally attached on human; it is universal
nation, and country.
and imperishable, thus needs to be protected, respected,
In line with the above perspective, Pancasila as the
maintained, and cannot be ignored, reduced, or taken
foundation of this country includes the thought that
by anyone.
human were created by God to hold two aspects, namely
Meanwhile, to show respect, Indonesian people
individual and social aspects. Therefore, the freedom of
as member of the United Nation that bears moral
everyone is limited by other’s human right. This means
and legal responsibility to upheld and implement
that everyone bears an obligation to acknowledged and
the Universal Declaration of Human Right that was
respect other people’s human right.
established by the United Nation, and other various
The obligation is also applicable for every
international instruments in relation to human
organization on any level, especially country and
right, has consciously issued Indonesia Republic
government. Thus, country and government responsible
Parliament Decree No XVII/MPR/1998 on Human
to respect, protect, defend, and guarantee human right
Right. Moreover, arrangement of human rights has
of every citizen and people without discrimination.
basically stated in different laws, including laws that
The obligation to respect human right is reflected in
established various international convention on human
the Preamble of UUD 1945 that inspires the whole
right. However, to accommodate all of the existing
chapters in its body, especially in relation to citizen’s
regulations, it is necessary to establish Law No 39 Year
equality in law and governance, right to work and
1999 on Human Right.
proper living, freedom to associate and gather, right to
In this law, human right is clearly defined as a set
express thoughts verbally and written, freedom to hold
of rights that was attached to human’s nature and
religion and to worship accordingly with their religion
existence as God’s creature, and represents His utmost
and beliefs, right to receive education and teaching.
grace that must be respected, upheld, and protected by
The basic thinking on the establishment of the Law
the country, law, Government, and everyone for the
is as followed:
honor of human’s dignity.
a. God Almighty is the creature of the universe and
That people are blessed by conscience and
everything in it;
intelligence which give them the ability to differentiate
b. Basically, human is blessed with a soul, form,
between good and bad, which will further lead
structure, ability, willingness and other ease by
and direct their action and attitude
their creator to guarantee their life’s continuity;
toward life.
14

15. Edisi III, 2010
c. To protect, maintain, and improve human as criminal act, civil act, and/or administrative act in
dignity, entitlement and protection of human accordance with the law and regulations.
right is required, for without it, one will loose The law consists of 11 chapters and 106 sections.
his nature and dignity, as to drive him to be a However, the verses that were directly connected to
wolf for other people (homo homini lupus); the fulfillment of housing, water and environmental
d. Because human is a social creature, one’s human sanitation is specified in
right is limited by other’s human right, therefore, a. Section 9 stated that (1) Everyone have the right
freedom or human right is not without limit; to live, defend their lives and improve their
e. Human right cannot be eliminated by anyone living; (2) Everyone have the right to serene,
under any circumstances; safe, peaceful, happy, and physical and mental
f. Every human right contains obligation to respect prosperity; (3) Everyone have the right on well
other human right, thus in human right, there and healthy environment.
are basic obligation; b. Section 11 stated that everyone have the right to
g. Human rights need to be truly respected, fulfill their basic requirements in order to grow
protected, and enforced, and thus, government, and developed properly.
country’s officials, and other public functionaries c. Section 40 stated that everyone have the right to
have obligation and responsibility to guarantee proper housing and living.
implementation of respect, protection, and
enforcement of human rights. Law No 11 Year 2005 on International
Within this law, human right was arranged Legalization of Covenant on Economic,
with the guidance of United Nation Human Right Social, and Cultural Rights
Declaration, Convention on the Elimination of All This covenant confirms and defines Human
Forms of Discrimination Against Women, Convention Rights points in the aspects of economic, social, and
on the Rights of the Child, and other international cultural of the Universal Declaration of Human Rights
Instruments that regulate human right. (DUHAM) within its law-binding stipulations. The
These laws specifically regulate the right to live and covenant consists of preamble and 31 sections.
the right to not forcefully eliminated and/or killed, Covenant Preamble reminds the countries of their
right to have family and continue to descent, right to obligation according to the UN Charter to improve
develop self, right to justice, right to personal freedom, and protect Human Rights, reminds individuals on
right to safety, right on welfare, right to join in the their obligation to work hard for the improvement
governance, women right, child right, and right of and organization of Human Right as regulated in this
religion freedom. Other than regulation of human right, Covenant in relation with other individuals and its
basic obligation, along with task and responsibility of communities, and acknowledged that, in accordance
the government is also arranged in relation of human with DUHAM, it is the future goal of man kind to
right reinforcement. enjoy civil and political freedom, and free from fear
In this law, public participation in the form of and shortcoming, which can only be achieved when
complaints and/or claim on violation of human right, condition is established for everyone to be able to
proposal teaching of policy formulation in relation with enjoy their economic, social, and cultural rights, as
human right to Human right National Commissary, well as their civil and political rights.
research, education, and dispersing information on Of the 31 sections of this paw, water supply and
human right. environmental sanitation is stipulated in reference
The law of Human Right is the umbrella of all to section 11, which is right to proper living
human right regulations. Therefore, both direct and standard. (OM)
indirect violation of human right will be sanctioned
15

16. Agenda
POKJA
International Day of Eradication for Poverty
Difficult Access to Water Supply and
Sanitation as Poverty Indicator
O
n October 17th every year, the world Then, in order to respect the historical moment,
population commemorates The the UN has initiated a resolution No 47/196 dated
International Day for the Eradication December 22nd 1992, which established October 17th
of Poverty. Poverty for developing as International Day of Eradication for Poverty, which
countries such as Indonesia for was commemorated by the world population until
example, represents a special note. The difficult access date. On 2010, a global campaign that was mobilized
of the world population to acquire basic service of by the world alliance called Global Call Against
sanitation and proper drinking water is clearly an Poverty (GCAP) continue to be done.
indication of poverty. World Health Organization On September 2000, representatives of 189
(WHO) stated that limitation of 95 percent of the low countries have gathered in New York in a Millennium
income people to access water has made poverty trap Summit that was initiated by the UN. The result is
for 1,2 billion of the world population. Millennium Declaration consisting of 8 common
As known, on October 17th 1987, over 100 project points of development targets to be
thousand people have gathered to demonstrate at accomplished by participant countries before year
Trocadero of Paris, France, exactly where Universal 2015. The eight projects comprise poverty eradication
Declaration of Human Right was signed back in the and extreme hunger (with income standard below
year 1948, for all the world population to reflect the 1,25 USD/day), even distribution of basic education,
fate of victims of extreme poverty, violence, hunger, gender equality and women empowerment, fight
and difficult access to drinking water and poor against diseases especially HIV AIDS and malaria,
sanitation that happened almost everywhere reducing children mortality rate, improving mothers’
all around the world. health, guaranteeing environmental capacity and
16

17. Edisi III, 2010
establishing global partnership for development. When as International Day of Poverty Eradication, and the
observed, all projects come down to one target, which world population commemorates it in different events.
is elimination of a big problem called “poverty”.
Speaking about UN’s version of poverty In Indonesia
eradication, we cannot help but think of Millennium Poverty Eradication Day is also commemorated at
Development Goals (MDG) which also represents the several cities in Indonesia, such as Lampung, Mataram,
UN’s product in the year 2000 in order to create world Garut, Cianjur, Tasikmalaya, and Purwekerto. In
without poverty by the year 2015. As part of UN, Bandar Lampung, as much as 50 activists of SRMI
Indonesia has applied MDGs program since 2004. have walked from Adipura monument to the office
In MDGs itself, we knew, there are eight grandiose of Local Kota Government. They urged the newly-
programs in fields of poverty, health, education, elected mayor to realize his political promises during
environmental, and gender equality. campaign, especially in poverty eradication.
“However, to tell you the truth, we highly doubt Upon the insistence, Bandar Lampung mayor
MDGs success in Indonesia, because practically, Herman HN has accepted and conducted dialogue
poverty –and the process of impoverishment- did with representative of SRMI activists. The Mayor has
not decline at all. We still heard about hunger plague promised to complete numbers of issues demanded by
that happened all over the SRMI, namely education,
country, which means health, and residents’
extreme poverty is still documents (personal
exist. Population’s health identification –KTP;
also continues to decline. family certificate –KK;
Children’ and mothers’ birth certificate), will be
mortality rate in Indonesia materialized in the year
is still significantly high, 2011.
large numbers of people are In Tasikmalaya, Jawa
still having the difficulty Barat, SRMI activists
to acquire water supply have come to kabupaten
service, and they are still government’s office and
ISTIMEWA
living with poor sanitation,” demanded legalization of
said Head of Health Consumer Protection Foundation, regional regulation draft (Raperda) on street merchants
dr Marius Wijayarta to Percik. (PKL) protection. People also questioned the small
Education, health, difficult access to water and amount of health budget that mostly came as grant
poor basic sanitation are clearly part of poverty. Not to from Provincial Government of Jawa Barat.
mention the issue of gender equality which currently The similar was also happened in Garut, Jawa
is like a far away dream, due to the high frequency Barat, where protestor decided to refuse Alfamart
of children’s and women’s trafficking. Target of the development that may interfere with public’s economy,
environmental field is almost invisible because everyday especially small merchants. In Cianjur, Jawa Barat, as
we continue to witness facts on environmental damage much a 300 of SRMI activists have come to the office
around us, such as flood and landslide. There are many of local council (DPRD). People questioned the small
other facts that can confirm our doubts on MDGs’ amount of education and health budget, whereas
success. budget for agency’s cars continue to grow.
Humanitarians, non government organizations Adjacent to that, people also insisted for Cianjur
working on environment and public health issues government to increase budget for education
claimed that poverty is violation of human right, thus and health, as well as protection for Indonesian
they demand that people of the world respect the right. Worker (TKI) abroad. (Eko/Infid.org)
Later, UN General Assembly declared October 17th
17

18. Discourse
ISTIMEWA
Matter of Right to
Water and on Housing
(First Paper)
Dr Cekli Setya Pratiwi, SH.,LL.M. health, education, and culture” are adequately met
and available for all. In line with this fundamental
goal, an instrument of the International Bill of
T
he International Covenant on Rights is established to provide protection both
Economic and Social Rights (from for individuals and groups with regard to rights
hereon will be refer to as CESCR) on economic, social, and cultural, namely 1966
have been formulated and agreed CESCR. CESCR has basically provide entitlement
to be part of The International Bill of right to work, right to receive education, right
of Rights with no other intention than to protect on proper living, right to healthy environment,
human rights so that people can experience a life right to develop culture, etc. Right on proper
that is whole, free, safe, protected, and healthy. living will be reviewed in this paper and will be
Right to live as the most natural right will never focused on right on a house and water.
be accomplished unless all of the required basic Compare to the civil and political rights in
rights to a living such as “right to CCPR, rights on economic, social and cultural
work, food, housing, are often considered as second degree rights where
18

19. EEdisi III, 2010
Edisii IIII,, 2010
dis I
fulfillment is unforceable, non-justiciable, and has obligated countries to guarantee right to water
ht
to be fulfilled progressively. However, along with for all citizen.
entitlement of global Bill of Rights system that Thus, it is obvious that both civil-political
was marked by DUHAM 1948, then countries right, as well as economic, social, and cultural
in the world have emphasized over and over rights is inseparable due to its interdependent
through World Conference on Human Right in nature and because both require equal attention
the year 1993 by stating that both Human Right’s from the country in term of application,
features, namely CCPR and CESCR have an socialization, and protection; considering that
equal important position. UN General Assembly fulfilling civil and political rights alone without
resolution No 32/130 on December 1977 stating: fulfilling one’s economic, social and cultural rights
“(a) All human rights and fundamental freedoms is highly improbable. Thus, in order to fulfill
are invincible and interdependent; equal attention economic, social, and cultural rights, national and
and urgent consideration should be given to the international support in policy is necessary.
implementation, promotion, and Hence, all forms of denial on economic, social,
protection of both civil and political, and cultural rights due to the thinking that put
and economical, social and cultural economic, social, and cultural rights as unreal, or
rights; (b) The full realization of does not require country’s involvement,
civil and political rights without or can progressively fulfilled, are no
the enjoyment of economic, social … that right longer relevant; more so when CESCR
and cultural rights is impossible; has been adopted by the UN General
to water is
the achievement of lasting progress Assembly through 2200 A (XXI)
in the implementation of human something Resolution on December 1966 and
rights is dependent upon sound and that cannot be has been applied since January 3rd
effective national and international apart from other 1976. Even today, since CESCR has
policies of economic and social
human rights been ratified by 143 countries, CESCR
development, as recognized by the experienced change of character from
Proclamation of Teheran of 1968”. multilateral to international customary
m
In the year 2002, the Committee la meaning that it binds all country
law,
on Economic, Social and Cultural Rights in w or without ratification.
with
General Comment No 15, has firmly provide
interpretation of section 11 and 12 of the II. Assessing Guarantee
International Covenant on Economic, Social and of Right on Housing and to Water in Positive
Cultural Rights, that right to water is one thing Law
that cannot be apart from other human rights. Discussing the matter of law guarantee on the
In its argumentation, this Committee has shown people’s right on housing and to water, we need
that plenty of other human rights that cannot be to see how far the law in Indonesia can provide
fulfilled without right to water. Right to live, right adequate guarantee on these rights. On the aspect
to food, right to maintain health level, are rights of law guarantee, it is more than quality of the
where in order to fulfill requires right to water as law substance that regulates the matter in every
prerequisite. National Law, but must also consider Indonesia’s
It is mentioned that water is not only needed obedience as part of the International community
to drink but also an inseparable part of the with awareness to accept and acknowledged
food processing, or creation of healthy housing the International Laws especially ones
and other human’s requirement for a living. that has become part of our
Furthermore it is confirmed that the committee country’s positive
19

20. Discourse
law.
law. It is important to co rm due to many
confi of International Covenant on Economic, Social
views and practices saying that National Law and
sayin and Cultural Rights. Consequently, since 2005
International Law is separated from one another; Indonesia is obligated by law to immediately adapt
in consequence, Law makers, law enforcers, or every law product that relate with the content of
even decision makers often neglect the binding the covenant; with the purpose of strengthening
nature of that specific International Law, and it guarantee on people’s right fulfillment on
often implied on the force taking of people’s rights economic, social, and cultural aspects.
that have been acknowledged by international Then in the context of people’s right guarantee
community as human rights that cannot be on proper living especially housing and water,
reduced by anyone including the country, unless how will CESCR discommode participant
specific conditions applied which needs to be countries to immediately take important steps in
clearly regulated by the Law. acknowledging the rights? On the matter, Section
With regard of the discussion object in this 11 Verse (1) CESCR stated that: The State Parties
paper, which is guarantee of people’s right on of the present Covenant recognize the right of
everyone to and adequate standard of
living for himself and his family, including
adequate food, clothing and housing, and
to the continuous improvement of living
conditions. The State Parties will take
appropriate steps to ensure the realization
of this right, recognizing to this effect
essential importance of international
cooperation based on free consent.
Implication of the above CESCR
Section 11 Verse (1) stipulation is
that every country that has participate
or ratified the covenant (including
Indonesia), has the obligation to recognize
ISTIMEWA the right of every citizen on proper
living standard that consist of adequate
proper living especially housing and water, food, clothing and housing and continuously
juridical implication of Indonesia’s acceptance improving living condition. The word ‘recognize’
to an International Agreement is immediately as in recognizing right of every citizen to proper
establish new law if it has not yet exist, living standard, such as adequate food, clothing,
synchronize/change whenever contradiction and housing, have implicated the country with
present or even revocation if the regulation is obligation to respect, obligation to protect,
considered to be inappropriate or against the obligation to promote, and obligation to fulfill
people’s rights. In the matter of people’s right on rights in the CESCR covenant through real steps
proper living which is included in the scope of in accordance to 1986 Limburg principles and
economic, social, and cultural rights, Indonesia 1997 Maastricht principles, including legislative
has officially become the participant of The 1966 actions to adjust or change all laws and regulations
International Covenant on Economic, Social in Indonesia, at the central level down to the local
and Cultural Rights (CESCR) through a level, when it is against the covenant content.
ratification of Law No 12 Year
2005 on Legalization 1. Implementation Regulation with Chance in
20

21. Edisi III, 2010
Neglecting the People’s Right on housing
First, it cannot be denied that Indonesia’s
courage in ratifying CESCR is one of Indonesia’s
recognition for rights on economic, social and
cultural of its citizen, which include right on
housing and to water. Nevertheless, ratification
alone is not enough. To see how far Indonesia
as CESCR participant fulfill its obligation to
guarantee fulfillment of economic, social, and
cultural rights especially with regard to right on
housing and to water of its citizen is to see that
the substance of all laws and regulation from the ISTIMEWA
highest hierarchy (UUD 1945) to the lowest, slightly different for Section 28H prefers the term
from central level to local level, have been adapted “physical and mental prosperous life”.
or synchronized with CESCR substances; or In the next part, physical and mental life
even more extreme, concrete measures are taken prosperity is clarified to only cover “right to reside”
where laws and regulations which are against the and “right to proper and healthy environment”.
substance of CESCR be revoked or no longer in In the writer’s opinion, “right to reside” has wider
effect. connotation that “right on housing”, where one
Reviewing the substance of may reside without having any house; whereas
UUD 1945 as the highest regula- one with a house is not automatically residing.
tion or source of all laws in Indo- In a communal social condition as
nesia, after four amendments, espe- such Indonesia, it’s safe to say that
cially the Second Amendment on It cannot b denied that
be
Indonesia’s courage in almost everyone have residency
August 18th 2000, there are several ratifying CESCR is one of although not everyone have a
Human Right-related Sections that Indonesia’s recognition house, because they could reside
have been changed and added. for rights on economic, with family, child, or parents.
UUD 1945 is considered to be social and cultural of its
citizen Other right as realization
more detail in regulating and guar- prosperous life is the right
of p
anteeing Human Right protection healthy environment. In
to h
compare to the previous Section UU 1945, right to good and
UUD
28; this is certainly worthy of appreciation. How- healthy environment does not
heal
ever, whether the more detail Section 28 is already automatically refer to right on adequate food. This
i ll f
in harmony with the content of newly ratified CE- certainly very different with the will of CESCR
SCR in the year 2005 requires further review. that firmly entitles and obligated every participant
With regard to right on housing, UUD 1945 country to guarantee the right of its citizen to
especially Section 28H Verse (1) stated that: adequate food.
“Everyone have the right to live prosperously Therefore, Indonesia as a country that ratifies
-both physically and mentally-, have a place to CESCR has not yet succeed in guaranteeing the
stay, and enjoy good and healthy environment, right of its citizen to proper living -which includes
and right to receive health service”. right to adequate clothing and food (including
The term “recognition of right on proper water) and adequate housing- in its
living“ in CESCR Section 11 Verse (1) indicates constitution. The concept present in Section
proper living such as in adequate food, clothing 28H of UUD 1945 is only
and housing, whereas Section 28H Verse (1) is
21