KAJIAN PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA NOMOR 85/PUU-XI/2013 TERKAIT PEMBATALAN UNDANG-UNDANG NOMOR 7 TAHUN 2004 TENTANG SUMBER DAYA AIR

Abstract

Article 33 Paragraph (3) of the Law of the Republic of Indonesia Year 1945 mentions that "earth and water and riches contained therein controlled by the state and used for the greatest prosperity of the people". But the reality of private involvement in water resources management and water before shifting meanings are public goods turned into a commodity that is concerned with the economic aspect. In relation to the testing of the Constitutional Court Act No. 7 of 2004 on Water Resources, which is based on the decision of the Constitutional Court Number 85/PUU-XI/2013 has canceled the Law on Water Resources. This type of research is a normative legal research that is descriptive, the source of the data used is secondary data and literature data collection techniques with qualitative data analysis techniques. Results from this study are: 1) The process of filing judicial review of Law include: submission of application in Indonesian, registration request and schedule the hearing, notice, summons the parties. 2) Consideration of a judge in the verdict is, the Law of Water Resources did not meet the six basic principles of water management restrictions. 3) The implications posed include: a number of implementing regulations of the Law of Water Resources is no longer valid, the private sector should not be controlling water resources, farmers are exempted from service fees for water resources management.

Keywords: Decision, the Constitutional Court, Cancellation Act, Water Resources