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International Journal of Civil Engineering and Technology (IJCIET) Volume 8, Issue 12, December 2017, pp. 419–428, Article ID: IJCIET_08_12_049 Available online at http://http://www.iaeme.com/ijciet/issues.asp?JType=IJCIET&VType=8&IType=12 ISSN Print: 0976-6308 and ISSN Online: 0976-6316 © IAEME Publication

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THE GOVERNMENT POLICY OF WATER RESOURCES CONSERVATION TO EMBODYING SUSTAINABLE DEVELOPMENT GOALS: STUDY IN KUNINGAN, INDONESIA Suwari Akhmaddhian Faculty of Law, Universitas Kuningan, 45513, West Java, Indonesia. Faculty of Law, Universitas Sebelas Maret, 57126, Surakarta, Indonesia. Hartiwiningsih Faculty of Law, Universitas Sebelas Maret, 57126, Surakarta, Indonesia. I Gusti Ayu Ketut Rachmi Handayani Faculty of Law, Universitas Sebelas Maret, 57126, Surakarta, Indonesia. ABSTRACT The availability of water is needed for the sustainability of living creatures in the world. The government regency of Kuningan has a policy in embodying to sustainable development goals. Methods research uses qualitative and quantitative methods; the data is taken from the library and field research. Result and discussions, the current local government policy regency of Kuningan is to have related regulations and support the conservation and has been implemented with indicators of sustainable development goals, namely the availability of water, public sanitation facilities and the existence of urban forest and botanical garden of Kuningan as an effort to maintain the ecosystem in the regency of Kuningan in accordance with sustainable development goals to be achieved in the regency of Kuningan. Conclusion, the strengthening local government policy in the regency of Kuningan through the creation of conservation-based regulations, development planning, and implementation and then evaluation of conservation-based development activities, and increasing community participation in supporting conservation through tree planting activities in the form of environmental care bridal programs, the apparatus and students care for the environment it grows then the availability of water will always be fulfilled in both quality and quantity. Key words: Government Policy, Water Resources Conservation, Sustainable Development Goals. Cite this Article: Suwari Akhmaddhian, Hartiwiningsih and I Gusti Ayu Ketut Rachmi Handayani, The Government Policy of Water Resources Conservation to Embodying Sustainable Development Goals: Study in Kuningan, Indonesia. International Journal of Civil Engineering and Technology, 8(12), 2017, pp. 419-428. http://www.iaeme.com/IJCIET/issues.asp?JType=IJCIET&VType=8&IType=12

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Suwari Akhmaddhian, Hartiwiningsih and I Gusti Ayu Ketut Rachmi Handayani

1. INTRODUCTION Environmental conservation functions as a joint task of government and society so that there will be harmonization in the implementation in the field and the goal of environmental sustainability is achieved. Indonesian is a state of the law in accordance with Article 1 Paragraph (3) (Indonesian constitution of UUD 1945) (Ridwan, 2009), "The state of Indonesian is a state of law". It is constitutionally contained in Article 28 h of paragraph (1) which states that "every person living physical and spiritual prosperity, reside and earn a good living environment and healthy and to health services" and article 33 paragraph 3 that "earth and water and the natural resources therein shall be controlled by the state and utilized for the benefit of the people "article 28, every citizen is entitled to well and healthy environment, enforcement of environmental law is an instrument to create a good environment and healthy. Natural conservation in Indonesia legally refers to Law No. 05 the year 1990 about conservation of natural resources Biodiversity and ecosystem preservation against focus its biodiversity, forest biodiversity is good or not; both inside the country and in the forested areas beyond. Law No. 41 year 1999 about Forestry, one of which regulates the conservation of nature in the forest area of the country; but not only includes the conservation of biodiversity, but also include the protection of life support functions provided forest area. Law No. 32 the year 2009 about the protection and management of the environment operates on environmental licensing as an instrument in the control function of the environment. While the Law No. 37 the year 2014 about soil and Water Conservation operates on land and property utilization as instruments in the preservation of environmental functions. Based on Article 1 paragraph (2) of Law No. 37 year 2014 about soil and water conservation provides an understanding of soil and water conservation, namely "Soil and Water Conservation is an effort to protect, restore, uplift and maintain the function of land on the land in accordance with the ability and Allotment of land to support sustainable development and sustainable living ". According to Article 1 Paragraph (18) Law, No. 32 the year 2009 about Environmental Protection and Management means "Natural resource conservation is the management of natural resources to ensure its wise utilization and continuity of its availability while maintaining and improving the quality of its value and its diversity". Based on Article 1 paragraph (14) of Regional Regulation regency of Kuningan No. 12 year 2007 about Water Resources Conservation has the meaning "Conservation of water resources is the effort to maintain the existence and sustainability of the condition, the nature and function of water resources in order to always be available in sufficient quality and quantity To meet the needs of living things, both in the present and the future ". So based on the definition of conservation according to the laws and regulations of environmental conservation is closely related to the role of government and community participation in order to realize development for future generations. Kuningan Regency is an agricultural area located at the foot of Mount Ciremai. It is located in the eastern part of West Java (Sudiana & Soewandita, 2010) ; 1) land degradation due to deforestation, illegal logging, land conversion for plantation and industrial crops, oil, industry and settlement mining; 2) abrasion of the riverbank due to the traffic of large and fast vessels; 3) silting of the river by high erosion, abrasion, and sedimentation; 4) disturbance of the surface water flow pattern due to land conversion, the presence of ports, piers, and log ponds; 5) degradation of water quality due to industrial liquid waste disposal, domestic ship water ballast discharge, and domestic solid waste disposal. To realize Kuningan as a conservation regency, the local government and the Kuningan regency community provide good support. Then with this research is the extension of local government policy regency of Kuningan in the conservation of water resources to realize sustainable development goals. A http://www.iaeme.com/IJCIET/index.asp

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The Government Policy of Water Resources Conservation to Embodying Sustainable Development Goals: Study in Kuningan, Indonesia

society grows into a complex and modern nation in the form of a state, it turns out that the state also has an interest to regulate the water resources within its jurisdiction (Saptomo, 2017). This environmental problem can be viewed from aspects of medical, technological, technological, environmental, economic and legal. According to Siti Sundari Rangkuti, The aspects of environmental management law and conservation of natural resources in Indonesian need to be studied intensively, because environmental management is impossible without legal arrangement. This does not mean that jurists can deal with environmental issues irrespective of other disciplines related to the environmental field (Khotijah, 2010). The impacts of climate change are due to the low lands that threaten the coastal, water, agriculture and health sectors (Hamdani, 2014).

2. RESEARCH QUESTIONS Based on the background that has been described, the researcher can draw the formulation of the problem as follows: What is the government policy regency of Kuningan in conserving water resources to embody sustainable development goals?

3. RESEARCH METHODS The research used is a qualitative and quantitative method. Collecting data with secondary data is taken library study that is primary law material, secondary law material, and tertiary law material, primary data through field study that is observation, interview, and questioner. The research location is taken in Kuningan area based on the consideration of Kuningan local government which has policies related to conservation of water resources. Data analysis is through evaluative analysis

4. RESULTS AND DISCUSSION The government policy in the regency of Kuningan in conserving water resources to embody sustainable development goals. Roscoe Pound's opinion "law is the tool of social engineering" provides the basis, that is, the law is used as a means of social change, the law must play an active role in engineering social change in society, so the law must be a driving force in the direction of social change to be better than Before. The Developmental Law Theory developed by Muchtar Kusumaatmaja based on the Roscoe Pound theory provides the basis for the functioning of the law as a "Community Renewal Tool" (Manan, 2014). The regional government in running its government cannot be separated from the legality principle as a basic step in making regulations related to local government policy (Ilmar, 2014). The concept of policy based on the provisions of Article 1 paragraph (2) of Law No. 32 year 2014, about Regional Government is the implementation of its government affairs by the regional government and the regional legislative council according to the principle of autonomy and duty of assistance with the principle of autonomy as widely as possible in the system and the principle of the Unitary State of the Republic of Indonesia As referred Indonesian constitution of UUD RI year 1945. The government of regional autonomy has wide authority especially in the management of the environment, so in need of a strong legal politics to realize the legal ideals mandated by the legislation. Authority according to Philipus M. Hadjon as the concept of public law at least consists of 3 (three) components (Bram, 2014) : 1). Influence is the use of authority to control the behavior of legal subjects; 2). The legal basis is that the user's authority must act on the basis of legislation; 3). Conformity is the standard in the exercise of the authority of general and special standards. Authority Theory


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consists of 1). Attribution is the granting of government authority by lawmakers to government organs; 2). Delegates are the transfer of authority from higher officials to lower officials; 3). The mandate is the delegation of authority or order given by an official on behalf of his / her position to a third party to execute part of the official duty on the position. The governance is seen from its objectives as government and trade management, governance management has a goal for the welfare of society while the purpose of government trade is an economic advantage or as an award. Indonesian formulates strategy, which is grouped into 4 (four), (Santoso, 2008) namely 1). Service society; 2). Waste of management; 3) management of land resources; 4). Natural resource management wholly based on environmental management and community relations. Rio conference two main results, there are (Hardjasomantri, 2006); 1). The Rio conference has linked exactly two key notions, namely the development of the whole earth and protection of the environment; 2). The new spirit that includes three dimensions, there is dimension intellectual, economic and political. In Islam has been reminiscent of human behavior abusing natural resources (QS. AlHijr 22:18) and (QS.Al-Ruum 30:41) Warning against human behavior towards natural resources. Certainly not dogmatically and normatively understood, but how these "warnings" form the basis for the prevention, saving and protection of natural resources (Choirul, 2008). Therefore, growing and developing a spiritual awareness of the importance of human position in maintaining and managing natural resources for the sake of human self can be the vision of Indonesian Muslims to face climate change and global warming. The environment and human beings influence each other so that the need for good interaction. Sanctions against environmental crime perpetrators may use the concept of environmental criminal law. The realization of the environmental balance both micro and macro that in the ecosystem there is a close relationship between living things with their environment. The implementation of law enforcement, especially in the field of conservation of biological natural resources and its ecosystem is affected by several variables namely law substance, institution, coordination system, apparatus, infrastructure and facilities, legal counseling, supervision, monitoring and evaluation, implementation of legal sanction and community participation. The concept of sustainable development requires the balance of ecology as according to Johan Galtung that sustainable development as a process of meeting basic human needs by maintaining the ecological balance. A concept of sustainable development and environmentally sound development as a goal in environmental management, shows two concepts from environmental management (Utama, 2007). There are six legal instruments of environmental administration, which can realize environmental management based on sustainable development, among others (Husien, 2009): 1). Environmental Quality standards; 2). Licensing mechanism for environmental management; 3). Environmental Impact Analysis; 4). Environmental audits in environmental management; 5). Enforcement of administrative sanctions in environmental management. Various outlines of law enforcement administration, is covering the Supervision and Application of sanctions. Overall, a conservation of biological natural resources is the management of biological natural resources of its utilization wisely to ensure its continuity of supply while maintaining and improving the quality of its value and its diversity. In Indonesia, conservation activities should be jointly implemented by the government and the community, including the public, private, non-governmental organizations, universities, and other parties. Sustainable development requires a balance of ecology as in the opinion of Johan Galtung who argued that sustainable development as a process of meeting basic human needs by maintaining the ecological balance. The concept of sustainable development continues to grow to consist of 5 (five) main principles namely (Samexto, 2007) 1). The principle of intergenerational justice;


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2). The principle of justice in one generation; 3). Principles of early prevention; 4). Principles of protection of biodiversity; 5). The principle of internalizing environmental costs. A national development starting from a comprehensive plan involving all related elements and planning should be explicitly linked to the layout (Supriadi, 2010). According to Otto Soemarwotto that the benchmark of sustainable development simply consists of 6 (six), namely 1). Pro-environment; 2). Pro-poor people; 3). Pro gender equality; 4). Proemployment creation; 5). Pro with the form of NKRI; And 6). Must be anti-corruption, collusion, and nepotism (Balitbang HAM, 2010). The concept of sustainable development continues to grow from the original 5 (five) main principles than to 17 (seventeen) sustainable development goals (Annex IV, 2016), consisting of; 

End poverty in all its forms everywhere;

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End hunger, achieve food security and improved nutrition and promote sustainable agriculture;

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Ensure healthy lives and promote well-being for all of all ages;

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Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all;

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Achieve gender equality and empower all women and girls;

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Ensure availability and sustainable management of water and sanitation for all;

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Ensure access to affordable, reliable, sustainable and modern energy for all;

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Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all;

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Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation;

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Reduce inequality within and among countries;

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Make cities and human settlements inclusive, safe, resilient and sustainable;

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Ensure sustainable consumption and production patterns;

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Take urgent action to combat climate change and its impacts;

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Conserve and sustainably use the oceans, seas and marine resources for sustainable development;

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Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss;

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Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels;

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Strengthen the means of implementation and revitalize the Global Partnership for Sustainable Development.

Kuningan in 2006 has declared a conservation regency and as a form of implementing regulation of Law No. 41 year 1999 about Forestry, in 2007 the Regional Regulation of Kuningan Regency No.12 Year 2007 about Water Resources Conservation, therefore to realize of Kuningan as regency Conservation in need of participation and support of all stakeholders either local government or regency of Kuningan community. The catchment area


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has good drainage characteristics for conservation of water (Srinivasa, 2017). So this research is expected to measure and know how far the role of local government regency of Kuningan in supporting Kuningan as conservation regency in accordance with expectations, and hopefully this research result can be used as base and reference from a related party in making or improving conservation related policy in the regency of Kuningan. To address the challenges of conserving water resources in the need for strong political commitment from governments in implementing holistic water resources management policies including anticipating conservation challenges when clean water is required by private coordinators (Widianarko, 2005). A quality, equality, and conservation of water are interrelated in a, clear and unambiguous way. Attempts to reach a person may have undesirable effects and harm others. However, all three are goals that local governments balance in trying to manage a water system (Foy, 2016). Water transfers can increase the efficient use of water, build flexibility and resilience in the water system, promote groundwater recharge, and provide water for environmental benefits (Delfino, 2016). In terms of the relationship between water, infrastructures, and rule, assemblage thinking encourages us to consider how material resources, as well as human factors, can exert agency (Moss, 2016). Community public policy indicated 2 (two) components: environment factors and a public policy process consisting of determination of issues, policy steps and policy implementation (Nak-Ai, 2017). The conservation of water resources requires an internal regulation that is binding on all parties, especially in the spatial and regional divisions so as to facilitate the preparation of the areas which become conservation, the need for the formulation and determination of spatial planing is carried out in accordance with the following steps (Sutedjo, 2007) 1 ). Determining the direction of development to be achieved in terms of economic, social, cultural, environmental carrying capacity and capacity, and security defense functions; 2). Identify various development potentials and problems within a planning area; 3). Formulation of spatial planning; 4). Determination of spatial plan. In dealing with environmental issues, the handling of preventive law through administrative law means occupies an important position, because its function is based on the principle of countermeasures on the source (abatement at the source principle). So that the process of law enforcement through administrative law means is considered more fulfilling the function of protection of "right to good and healthy environment" as constitutional rights. Other efforts as alternative paths to support the conservation in question are (Sitepu, 2008): 1). Establishment/ownership of plantation type according to the height of the area (downstream, low/high and upstream); 2). Mining behavior (on unsupervised river body); 3). Maintenance of supervision of underground water drainage; 4). Other efforts in maintaining the sustainability/integrity of the earth's crust. Based on the description, to achieve the conservation objectives in Kuningan regency, the local government of Kuningan regency to make efforts in terms of policy that is by making related regulations and that support the conservation of water resources are (Akhmaddhian, 2017): 

Local Regulation of Kuningan Regency No. 12 Year 2007 about Conservation of Water Resources.

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Local Regulation of Kuningan Regency No. 15 The year 2009 about Management of Water;

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Local Regulation of Kuningan Regency No 12 The year 2011 about the Implementation of Botanical Garden of Kuningan ;

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Local Regulation of Kuningan Regency No 11 The year 2013 about City Forest;

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Local Regulation of Kuningan Regency No 05 The year 2014 about Implementation of Development and Management of Regional Drinking Water of Kuningan Regency;


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Local Regulation of Kuningan Regency No 07 The year 2015 about Sustainable Land Protection of Food Agriculture of Kuningan Regency;

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Decree of Regent of Kuningan No.522 / Kep.01-HUTBUN / 2006 about Local Endemic and Rare Plant Determination of Kuningan Regency;

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Instruction of Regent of Kuningan Number 01 The year 2016 about Bride Care for Environment (Pepeling) Regency of Kuningan.

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Instruction of Regent Kuningan Number 02 The year 2011 about Implementation of Environmental Care Apparatus Program (Apel) Kuningan Regency.

In addition to making policies relating to the Kuningan regency environment also increased the status of Gunung Cermai Protected Forest into Gunung Cermai National Park, Making the City Forest and creating a Reservoir or small pond in various areas, as detailed as follows: Gunung Cermai National Park (TNGC) of 14,935 Ha; Kuningan Botanical Garden in Regency of Pasawahan covering 154.90 ha; Forest City spread over 17 Locations (12 Subregencys) covering 71.5 ha; Linggarjati Nature Park area of 15 ha; Reservoir / Situ / small pond at 114 Locations. Sustainable development goals of local government policy regency of Kuningan in conserving water resources are Ensure availability and sustainable management of water and sanitation for all and Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land Degradation and halt biodiversity loss. The indicator of the success of sustainable development goals of Kuningan is still the number one with the figure of 45% as a regional contributor to the green province of West Java [28], Achievement gained by Dear Government of Kalpataru Award in 2012, Kuningan Regency received Raksa Prasadha award as Best Effort City Adipura West Java level. Adiwiyata for SMPN Luragung, SMPN Pasawahan, SMAN 1 Mandirancan. Award from the Pikiran Rakyat Award 2016 for the Pangajen Bumi and Sindo Government Award category 2017 Best Areas for Environmental Care given in the awarding of SINDO Weekly Government Award 2017, Tirta Kamuning Water Supply Company (PDAM) serves 20 (twenty) sub regencys Which encompasses 128 villages, 42,250 water connections and serves 94% of household water needs and local governments undertake the development of community hygiene facilities built by local governments in supported villages and in collaboration with companies concerned with the environment using corporate funds Social responsibility through the 5 (five) village community-based Sanitation-based Sanitation Development (SLBM) program and Sanitation Development is based on 46 villages (Kuningan, 2017).

5. CONCLUSIONS The policy of the local government in conserving water resources to embody sustainable development goals, the local government regency of Kuningan in accordance with the concept of the state law make the policy of conservation of water resources based on the prevailing laws and regulations in Indonesian, While the Authority government regency of Kuningan to make efforts to create a policy that is in the form of related regulations in supporting the conservation of water resources. Indicators of sustainable development goals are water availability, community sanitation facilities and the existence of urban forests in each region and botanical garden of Kuningan as an effort to maintain the ecosystem and water availability regency of Kuningan in accordance with sustainable development goals to be achieved in the regency of Kuningan.


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6. SUGGESTION The policy of local government regency of Kuningan in conserving water resources is to embody sustainable development goals, must be initiated from the politics of low, the creation of government instruments, namely the creation of conservation-based legislation, conservation-based conservation decision, conservation-based policy rules, conservationbased planning, conservation-based licensing. Politics of local government budget regency of Kuningan in conversing water resources to embody sustainable development goals starting from budget planning; implementation of activities and evaluation of monitoring of programs that have been planned and implemented must be based on conservation.

ACKNOWLEDGEMENTS The authors thank The researcher expressed their gratitude to the Ministry of Research, Technology and Higher Education Republic of Indonesia, University of Sebelas Maret, Surakarta, Kuningan University and Local Government of Kuningan Regency, for permission and encouragement to conduct such studies for the benefit of science and society.

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