| Full title | Peraturan Pemerintah Nomor 42 Tahun 2008 tentang Pengelolaan Sumber Daya Air |
|---|---|
| Citation | PP 42/2008 |
| Jurisdiction | Indonesia |
| Enacted by | President of Indonesia |
| Signed | 23 May 2008 |
| Promulgated | 23 May 2008 |
| Effective | 23 May 2008 |
| Implements | UU 7/2004 on water resources |
| Replaces | PP 22/1982 on water regulation; PP 6/1981 on irrigation levies |
Peraturan Pemerintah 42/2008 (Peraturan Pemerintah Nomor 42 Tahun 2008 tentang Pengelolaan Sumber Daya Air) is an Indonesian government regulation on the management of water resources, issued to implement the 2004 water resources law, Undang-Undang Nomor 7 Tahun 2004 tentang Sumber Daya Air. It was signed by President Susilo Bambang Yudhoyono and promulgated on 23 May 2008, and took effect on promulgation.[1][2] It belongs to the body of rules described at water resources law of Indonesia.
The regulation organises water management around three foundations: water resources policies adopted at national, provincial and district level; river territories (wilayah sungai) and groundwater basins designated by the President; and a management pattern (pola) drawn up for each river territory.[3] It sets the criteria for designating river territories, the procedure for planning, the licensing of construction on water sources and of certain uses of water, and administrative sanctions for licence holders, and it provides for water resources information systems, financing and supervision.[4][5][6][7] On its entry into force it revoked two older government regulations on water regulation and irrigation levies.[8]
The 2004 statute it implements was annulled by the Constitutional Court in 2015 and replaced by Undang-Undang 17/2019.[9] CRPG's regulatory tracker published an analysis of the regulation in November 2025.[10]
The preamble lists the provisions of UU 7/2004 that the regulation implements, among them Pasal 11 ayat (5), Pasal 12 ayat (3), Pasal 13 ayat (5), Pasal 21 ayat (5), Pasal 53 ayat (4), Pasal 64 ayat (8), Pasal 69 and Pasal 81, and gives Pasal 5 ayat (2) of the 1945 Constitution and UU 7/2004 as its legal bases.[11] Pasal 129 revoked Peraturan Pemerintah 22/1982 on water regulation (tata pengaturan air) and Peraturan Pemerintah 6/1981 on levies for the operation and maintenance of irrigation infrastructure.[8:1]
Pasal 1 defines water resources (sumber daya air) as water, water sources and the water power they contain, and water as all water on, above or below the surface of the land, including surface water, groundwater, rainwater and seawater on land. It defines water resources management as planning, implementing, monitoring and evaluating the conservation of water resources, their use (pendayagunaan) and the control of the damaging power of water (daya rusak air).[12] A river territory is defined as a unit of water resources management comprising one or more river basins and/or small islands of 2,000 square kilometres or less, and a water resources co-ordination body (wadah koordinasi pengelolaan sumber daya air) as the institution in which all stakeholders co-ordinate to integrate the interests of sectors, regions and stakeholders; the national body is the National Water Resources Council (Dewan Sumber Daya Air Nasional).[12:1]
Pasal 2 requires water resources to be managed comprehensively, in an integrated way and with regard to the environment, to achieve sustainable benefit for the greatest prosperity of the people, and Pasal 3 sets the regulation's scope: the making of policies, patterns and plans; construction, operation and maintenance; and conservation, use and the control of damaging water.[13] Under Pasal 4, groundwater management in groundwater basins is left to a separate government regulation (see groundwater regulation in Indonesia).[3:1]
A water resources policy covers conservation, use, damage control and information systems. The national policy is drafted by the National Water Resources Council and adopted by the President; provincial and district policies are drafted by the co-ordination bodies at those levels and adopted by the governor or the regent or mayor.[14] The national policy guides ministers and heads of agencies in setting sectoral policies related to water, and provincial policies; provincial policies in turn guide district ones. A regional policy may stand alone or be integrated into the region's development policy.[14:1]
Pasal 9 sorts river territories into those within one district or city, across districts, across provinces, across national borders, and those of national strategic importance.[4:1] Territories are drawn by the effectiveness and efficiency of management and by the balance between wet and dry river basins, measured by whether everyone's right to water for a healthy, clean and productive life can be met.[4:2] A national strategic river territory must also meet parameters on the share of the province's water potential (at least 20 per cent), the number of water-related sectors (at least 16) and population (at least 30 per cent of the province), and its social, environmental and economic impact. The economic test is met by, for example, an irrigation area of at least 10,000 hectares or hydropower connected to an inter-provincial or national grid.[4:3] Provinces and districts propose designations to the minister, who drafts them, consults the National Water Resources Council and submits them to the President for designation.[4:4]
A management pattern (pola pengelolaan sumber daya air) is the basic framework for managing water in a river territory, integrating surface water and groundwater and balancing conservation with use. A draft pattern is prepared for a 20-year period, with regard to the policy of the level of government concerned and to data including the needs of all users, the presence of local customary-law communities (masyarakat hukum adat), the hydrological system, human activity, and the interests of present and future generations and the environment.[15]
Planning follows a national planning standard and consists of an inventory of water resources and the preparation and adoption of a management plan (rencana pengelolaan sumber daya air).[5:1] The inventory collects data on the quantity and quality of water, the environment, water sources and infrastructure, institutions, and the social and economic conditions of communities.[5:2] A plan is drawn up for each river territory on the basis of a strategy chosen by that territory's co-ordination body from the alternatives in the pattern, taking groundwater into account while giving priority to surface water. Where no co-ordination body has been formed, the regulation assigns the choice to the regent or mayor, the governor, or the minister together with the regional heads, according to the type of river territory.[5:3]
Separate chapters govern construction, operation and maintenance; conservation, including the protection of water sources, water preservation and water quality; use, including the allocation of water in water sources, supply, use, development and commercial use; and the control of damaging water through prevention, response and recovery.[16]
Pasal 95 requires a licence for construction on a water source, for the use of water resources for certain purposes, and for weather modification.[6:1] A construction licence on surface water is issued by the regent or mayor, the governor or the minister according to the type of river territory, on the technical recommendation of the territory's water resources manager. It lapses if building has not begun within three years or is not completed on schedule, and binds the holder to protect water sources and nearby infrastructure, prevent pollution, restore environmental damage and keep up the basic water supply of nearby communities.[6:2]
A licence for use is required for basic daily needs or smallholder farming that alters the natural condition of a water source, for basic needs met by groups or social bodies, for smallholder irrigation outside existing systems, and for business activities. For surface water it is issued by the regent or mayor, the governor or the minister according to the river territory, and for groundwater by the regent or mayor. A use licence lasts at most ten years, or longer where large investment is needed, according to the investment's financial plan.[6:3]
The central and regional governments are to operate water resources information systems, including hydrological, hydrometeorological and hydrogeological information for river territories.[17] Financing is set by the real needs of management and covers information systems, planning, construction, operation and maintenance, and monitoring, evaluation and community empowerment.[18] Supervision is carried out by the central or regional government with public participation, which may take the form of reports, complaints and lawsuits.[19] A licence holder who breaches the licence obligations may be given a written warning, have all activities temporarily suspended, or have the licence revoked by the authority that issued it.[7:1]
Existing agreements between water managers and users, and licences issued before the regulation, remain valid until they expire; existing water regulations remain in force unless they conflict with it or are replaced; and activities under existing management plans may continue until patterns and plans are adopted under it.[20] Provincial co-ordination bodies were to be formed within one year, with the water regulation committees (Panitia Tata Pengaturan Air) acting in the meantime. The National Water Resources Council was to be formed within one year of the presidential decree establishing it, with the water resources management co-ordination team (Tim Koordinasi Pengelolaan Sumber Daya Air) acting until then.[20:1]
The general elucidation of UU 17/2019 records that the Constitutional Court, in case 85/PUU-XI/2013 decided on 18 February 2015, annulled UU 7/2004 and brought the 1974 irrigation statute back into force; UU 17/2019 then replaced it as the water resources statute.[9:1] Its general implementing regulation, Peraturan Pemerintah 30/2024, signed on 14 August 2024, revoked PP 22/1982 and PP 6/1981, the two regulations that PP 42/2008 had declared revoked in 2008, together with PP 121/2015 on the commercial use of water resources; it does not name PP 42/2008 among the instruments it revokes.[21][8:2] The 2008 regulation is among the instruments cited in the preamble of Peraturan Menteri Lingkungan Hidup 1/2010 on water pollution control.[22]
K203 · Work URI /akn/id/act/pp/2008/42 · RegVault PP_42_2008[P] PP 42/2008, Pasal 130 and closing formula (Ditetapkan di Jakarta pada tanggal 23 Mei 2008; Diundangkan di Jakarta pada tanggal 23 Mei 2008; Lembaran Negara 2008 No. 82, Tambahan Lembaran Negara No. 4858). regulation_id PP_42_2008. ↩︎
[P] PP No. 42 Tahun 2008, JDIH BPK: enacted, promulgated and in force 23 May 2008, Lembaran Negara 2008 No. 82; revokes PP 22/1982 and PP 6/1981. https://peraturan.bpk.go.id/Details/4856/pp-no-42-tahun-2008 ↩︎
[P] PP 42/2008, Pasal 4 ayat (1) and (2). regulation_id PP_42_2008. ↩︎ ↩︎
[P] PP 42/2008, Pasal 9 to 13. regulation_id PP_42_2008. ↩︎ ↩︎ ↩︎ ↩︎ ↩︎
[P] PP 42/2008, Pasal 24 to 30. regulation_id PP_42_2008. ↩︎ ↩︎ ↩︎ ↩︎
[P] PP 42/2008, Pasal 95, 96, 97 ayat (2), 98 ayat (1), 101 and 102. regulation_id PP_42_2008. ↩︎ ↩︎ ↩︎ ↩︎
[P] PP 42/2008, Pasal 121 ayat (1) and (2). regulation_id PP_42_2008. ↩︎ ↩︎
[P] PP 42/2008, Pasal 129, revoking Peraturan Pemerintah Nomor 22 Tahun 1982 tentang Tata Pengaturan Air (Lembaran Negara 1982 No. 37) and Peraturan Pemerintah Nomor 6 Tahun 1981 tentang Iuran Pembiayaan Eksploitasi dan Pemeliharaan Prasarana Pengairan (Lembaran Negara 1981 No. 6). regulation_id PP_42_2008. ↩︎ ↩︎ ↩︎
[P] Undang-Undang Nomor 17 Tahun 2019 tentang Sumber Daya Air, preamble (Menimbang) and Penjelasan Umum (review of UU 7/2004 in case 85/PUU-XI/2013, decided 18 February 2015). regulation_id UU_17_2019. ↩︎ ↩︎
[E] "What Water Resource Management Framework Exists Under PP 42/2008?", CRPG regulatory tracker, crpg.id, 26 November 2025. https://crpg.id/what-water-resource-management-framework-exists-under-pp-42-2008/ (free sign-in required on crpg.id) The post carries a notice that it is AI-generated; it is cited for the record of the development, not for its legal content. ↩︎
[P] PP 42/2008, preamble, Menimbang and Mengingat angka 1 and 2. regulation_id PP_42_2008. ↩︎
[P] PP 42/2008, Pasal 1 (definitions of sumber daya air, air, pengelolaan sumber daya air, daya rusak air, wilayah sungai, wadah koordinasi pengelolaan sumber daya air and Dewan Sumber Daya Air Nasional). regulation_id PP_42_2008. ↩︎ ↩︎
[P] PP 42/2008, Pasal 2 and Pasal 3. regulation_id PP_42_2008. ↩︎
[P] PP 42/2008, Pasal 5 to 8. regulation_id PP_42_2008. ↩︎ ↩︎
[P] PP 42/2008, Pasal 14 ayat (1) and (2) and Pasal 15 ayat (1) to (3). regulation_id PP_42_2008. ↩︎
[P] PP 42/2008, headings of Bab IV (Pelaksanaan Konstruksi, Operasi, dan Pemeliharaan), Bab V (Konservasi), Bab VI (Pendayagunaan Sumber Daya Air) and Bab VII (Pengendalian Daya Rusak Air) and their parts. regulation_id PP_42_2008. ↩︎
[P] PP 42/2008, Pasal 106 ayat (1) to (5). regulation_id PP_42_2008. ↩︎
[P] PP 42/2008, Pasal 115 ayat (1) and (2). regulation_id PP_42_2008. ↩︎
[P] PP 42/2008, Pasal 120 ayat (1) to (4). regulation_id PP_42_2008. ↩︎
[P] PP 42/2008, Pasal 124 to 128. regulation_id PP_42_2008. ↩︎ ↩︎
[P] Peraturan Pemerintah Nomor 30 Tahun 2024 tentang Pengelolaan Sumber Daya Air, Pasal 150 and closing formula (14 August 2024; Lembaran Negara 2024 No. 167). regulation_id PP_30_2024. ↩︎
[P] Peraturan Menteri Negara Lingkungan Hidup Nomor 01 Tahun 2010 tentang Tata Laksana Pengendalian Pencemaran Air, preamble (Mengingat). regulation_id PERMENLH_1_2010. ↩︎