Urban Wastewater Management in Indonesia: Key Principles and Issues in Drafting Local Regulations
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Urban Wastewater Management in Indonesia - Asian Development Bank
1. Introduction
As part of its commitment to increase the coverage of sanitation, hygiene, and wastewater management in the Southeast Asia region, the Asian Development Bank (ADB) is also keen on helping provide local governments an adequate regulatory framework that would facilitate the implementation and management of wastewater collection, treatment, and disposal systems. To improve local government legislation on wastewater management and fill in the gaps of the national policies and existing regulations, especially in terms of technical and economic aspects, ADB has promoted the preparation of a guidance document for future local government wastewater management regulations (Peraturan Daerah) in Indonesia, the purpose and scope of which were agreed with the Directorate General of Human Settlements (Direktorat Jenderal Cipta Karya) of the Ministry of Public Works (Kementerian Pekerjaan Umum).
This document is provided as an aid to help implement certain new aspects in regulations of this type, such as
The document is intended to serve as a guidance document for local governments to develop their regulations on urban wastewater management (peraturan daerah tentang pengelolaan air limbah perkotaan). Therefore, the structure and the contents of the document follow that of a regulation to be set out in a way that its chapters and sections can be readily transformed into the chapters and articles of a regulation. Furthermore, the document is understood to be fairly useful for the preparation of the so-called academic script
(naskah akademik) required by a Justice and Human Rights Minister’s Regulation¹ as part of the development of any legal instrument in Indonesia.
2. Background and Rationale
Legislation on wastewater management or sewerage in Indonesia rests on the same three pillars as in most countries: public health, housing and urban development, and the protection of the environment, represented by the following laws: Law No. 36 of 2009 on Health, Law No. 1 of 2011 on Housing and Residential Areas (Government of Indonesia 2011), Law No. 28 of 2002 on Buildings (Government of Indonesia 2002), and Law No. 32 of 2009 on Environmental Protection and Management (Government of Indonesia 2009a).
There is no specific and comprehensive wastewater management law in Indonesia similar to the Federal Water Pollution Act (Government of the United States 1972), commonly called the Clean Water Act (1972), of the United States, or the European Council Directive 91/271/EEC of 21 May 1991 concerning Urban Wastewater Treatment (Council of the European Union 1991). The only legal instruments relating to wastewater available are regulations and decisions of the Minister of the Environment establishing effluent standards for domestic
wastewater, the Decision of the Minister of the Environment No. 112 of 2003 regarding Domestic Wastewater Quality Standards (Government of Indonesia 2003); and for industries, the Regulation of the Minister of the Environment No. 3 of 2010 concerning the Standard Quality of Industrial Zone Sewage (Government of Indonesia 2010) and a number of specific ministerial regulations and decisions for the most important industrial sectors available in Indonesia. Some local (provincial) regulations also exist, establishing generally more stringent effluent quality standards.
The most important legal instrument that governs wastewater management at the local level is Law No. 23 of 2014 on Local Government (Government of Indonesia 2014), which attributes local (i.e., provincial, regency, and/or municipal) administrations the responsibility to cover, on a mandatory basis, the so-called basic services that include health, public works and spatial planning, and housing and residential areas, as well as services not determined as basic, such as environment. In the Annex of the law on the distribution of competencies between the different levels of government, it is set forth that wastewater systems development, as well as the management of the systems considered of national interest, is a national competency,