Legal Aspects of Groundwater Protection in Denpasar

Legal Aspect of Groundwater Protection in Denpasar 

Development in Bali, has had an impact on the increasing use of Underground Water in Denpasar. Associated with the Underground Water Usage, Denpasar Government has actually issued the Local Regulation of Denpasar No. 6 Year of 2014 on Groundwater Management. In fact there are still problems related to legal aspects in the management and utilization of ground water. On the other hand, the overall, integrated and environmentally friendly management is currently required to realize sustainable water use for the sake of the people's prosperity.

       Using the normative law research method with the statute and conceptual approach, the purpose of this study is to determine the arrangements and legal protection efforts for groundwater resources in Denpasar. By analyzing the nomenclature arrangement of the Regulation in Bali Province and Denpasar city, it is concluded that after the revocation of Law No. 7 Year 2004, the authority and technical management of groundwater utilization permit has been transferred to the province by Pergub Bali No.5 Year of 2016 Juncto Pergub Bali No.32 Year of 2017 which is the authority is under the Department of Investment and Integrated Service of Bali Province through the Department of Manpower and  Mineral Energy Resources of Bali Province, while for the ground water taxes are still managed by the Denpasar Regional Income Agency by Perda Denpasar Denpasar No.6 Year 2010, on the other hand the relevant regulations are still need to be adjusted with the new regulation under Law No. 17 Year of 2019 namely Perda Denpasar No.6 Year of 2014 which still refer to Law No.7 Year of 2004, Perda Denpasar No.6 Year of 2010 concerning ground water tax specifically regarding "expiration time" in Article 17 and Article 18, and specifically regarding the determination of ground water acquisition value (NPAT) in Article 4 Paragraph (1) on Perwali No.46 Year of 2013 is  still unclear.