Critical analysis of River Basin Management Regulation in Bengawan

Solo for Water Tourism: Local Legislation in 7 Regency

ABSORI ABSORI3, TRIAS HERNANDA1,2, KELIK WARDIONO3, AIDUL FITRICIADA3,

ARIEF BUDIONO3*

1Faculty of Law, Universitas Muhammadiyah Kudus, Kudus, 59316, Central Java,

INDONESIA

2Student Doctoral Program in Legal Studies, Universitas Muhammadiyah Surakarta,

Surakarta 57169, Central Java,

INDONESIA

3Doctoral Program in Legal Studies, Universitas Muhammadiyah Surakarta,

Surakarta 57169, Central Java,

INDONESIA

*Corresponding Author

Abstract: - Indonesia is a legal state in Southeast Asia. Therefore every policy that is born must be following

applicable regulations, unfortunately, not all objects in Indonesia have regulations that govern and one of them

is the Bengawan Solo watershed. This situation makes the Bengawan Solo watershed vulnerable to damage and

difficult to develop. Even though the Bengawan Solo watershed has great potential, one of which is the

development of water tourism. With natural conditions that support the development of water tourism, it is

suitable to be developed in the Bengawan Solo watershed area, but before it is developed into water tourism, it

should have special regulations for the sustainability of the Bengawan Solo watershed. This research is research

that uses qualitative data and a critical legal approach, then coupled with field observations. The results of the

research in this study are: (1) there are no specific rules regarding the Bengawan Solo watershed, but there are

rules that are still general regarding Bengawan Solo management policies. (2) the potential for the development

of water tourism in the Bengawan Solo watershed is quite potent and has an impact on the preservation of the

Bengawn Solo watershed and provides additional income for the community. (3) the opportunity to make

special regulations regarding the Bengawan Solo watershed still exists, because it can take as an example the

presidential regulation regarding the Citarum watershed.

Key-Words: - Watershed, Indonesia, Bengawan Solo, Regulation.

Received: March 19, 2023. Revised: June 21, 2023. Accepted: August 23, 2023. Published: September 12, 2023.

1 Introduction

Indonesia is a constitutional state and has a goal of

improving the welfare of its people, but in practice,

it is often problematic, [1]. Among the legal issues

that often occur is the problem of environmental

damage, [2]. Then various environmental problems

occur in Indonesia, such as forest destruction, [3],

[4], pollution of rivers, [5], and watersheds, [6],

damage to coral reefs, [7], marine pollution, and

damage to land due to illegal mining.

Cases of environmental damage in Indonesia

that are often overlooked are cases of damage to

rivers and watersheds, [8]. Indonesia has the highest

pollution index in terms of river pollution and

watershed pollution, [9], [10]. Several watersheds in

Indonesia are categorized as critical watersheds and

must be restored immediately. Watersheds in

Indonesia have an important role in the source of

life in Indonesia. Several watersheds in Indonesia

are used as a place to work and find food. One of

them is the Bengawan Solo watershed.

The location of the Bengawan Solo watershed is

on the island of Java and divides the island of Java,

[6]. Bengawan Solo Watershed is a watershed that

has a long process of formation, starting from

ancient times to the kingdom era in Indonesia.

Unfortunately, the condition of the Bengawan Solo

watershed has decreased in quality, [11]. Water

pollution in the Bengawan Solo watershed due to

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textile waste is the cause, pollution from the waste

of residents adds to the problems of the Bengawan

Solo watershed and the loss of trees in the

Bengawan Solo watershed area reduces the quality

of the function of the Bengawan Solo watershed.

Having historical status and being a source of

life for living things, the Bengawan Solo watershed

does not yet have a special legal basis made for the

Bengawan Solo watershed. several areas included in

the scope of the Bengawan Solo watershed also do

not have regional regulations specifically made for

the Bengawan Solo watershed. This situation did

occur because the central government withdrew

authority from the regions related to the

management of the Bengawan Solo watershed.

However, the regions still have opportunities to

manage the Bengawan Solo watershed, although

they do not have to make special regional

regulations.

Taking advantage of the opportunity to manage

the Bengawan Solo watershed can occur if tourism

routes are made in each regional area that the

Bengawan Solo watershed traverses. Tourism is one

of the biggest income contributors in Indonesia.

Tourism management can also be carried out by

local governments, thus providing benefits.

2 Methods

This research is research with qualitative data and

uses a critical approach, using the theory of critical

legal studies as well as field observations.

Qualitative research with a critical approach is a

combination of theoretical research where the data

taken is qualitative and then analyzed with a critical

approach from the theory of critical legal studies,

this theory is a theory used to conduct analytical

studies of legal regulations that are biased and not

by the needs of social order. Based on the data that

has been collected, qualitative research with a

critical approach is carried out in the following

steps: first, by collecting regulations that are by the

research object, namely the Bengawan Solo

watershed, second, by selecting these regulations

according to the theme used, third, analyzing the

substance of selected rules. Thus the research

approach used is very suitable to be used to reveal

the management of the Bengawan Solo watershed

and provide solutions with a water tourism

development approach.

Water tourism is considered the solution offered

because according to researchers, the Bengawan

Solo watershed has a river flow that can be utilized

to provide education and socialization of regulations

whose legality is issued by the state. So if an object

in Indonesia has a good legal basis then the object

will have more protection power from the state.

Furthermore, water tourism will also contribute

funds originating from the tickets produced, [12],

these tickets will be managed to protect the

watershed area from the environmental damage that

is threatening at this time.

The data in this study are regional regulation

number 4 of 2021 concerning spatial planning for

the city of Surakarta, regional regulation number 1

of 2018 concerning spatial planning for Suoharjo

district, regional regulation number 2 of 2020

concerning spatial planning for Wonogiri district,

regional regulation number 1 of 2020 concerning

Sragen regency spatial plan, regional regulation

number 19 of 2019 concerning the Karanganyar

regency spatial plan, regional regulation number 5

of 2021 regarding the Bojonegoro regency spatial

plan and regional regulation number 17 of 2020

concerning the Tuban regency spatial plan. These

data were selected based on considerations of their

relevance to watershed management plans. In

addition to regional regulations data, the data in this

study are various regulations at the higher level,

namely Law Number 32 of 2009 concerning

Environmental Protection and Management, Law

Number 41 1999 on forestry, Law Number 17 on

water resources, government regulation number 37

of 2012 on water resources. These regulations were

adopted on the grounds that they are a source of law

from regional regulations.

To overcome various obstacles in document

administration and data analysis, researchers used

Atlas.ti software as a tool. Apart from assisting in

the administration process and data analysis, Atlas.ti

also makes it easy for researchers to represent

research findings through visualization of the flow

of thought and relationships between variables, [13],

[14]. Thus, the research findings can be written

more thoroughly and comprehensively.

Field observations made in this study aim to

determine the potential and opportunities for

developing water tourism in the 7 districts studied

by the author. Field observations were carried out in

the Bengawan Solo watershed or on the outskirts of

the Bengawan Solo River.

3 Result and Discussion

3.1 Regulatory Analysis

The results of this study will be visualized using

atlas.ti software. The software makes it easy for

researchers to group the contents of the substance of

the law which have the same goal, namely the

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protection of the Bengawan Solo watershed and its

area.

Fig. 1: Chart of the relationship between laws and

regulations related to the Bengawan Solo watershed

From ATLAS.ti

The chart above (Figure 1) is a chart in which

there is a combination of laws and regulations with

letters of the alphabet which are used as symbols or

substantive groupings of all laws and regulations

that are related to the protection of the Bengawan

Solo watershed and the development of water

tourism. The explanation is as follows.:

A1: Understanding of the principle of protection and

management of natural resources

A2: Regional government authority, central

government authority, regional supervision

objectives, regional management objectives. Local

government.

A3: water network system, watershed network

system, flood control system, pollution control

A4: law, business license, criminal sanctions,

administrative sanctions, and civil sanctions

A5: definition of the right to sue, the government's

right to sue, the people's right to sue, and the non-

government organization's right to sue

A6: Environmental quality standards, environmental

carrying capacity, and environmental capacity.

A7: River basin definition, spatial definition, river

definition, and spatial planning definition

A8: definition of government, central government,

local government.

A: regional regulation number 2 of 2020 regarding

spatial planning for Wonogiri regency, regional

regulation number 1 of 2018 regarding spatial

planning for Sukoharjo regency, regional regulation

number 4 of 2021 concerning spatial planning for

Surakarta city, regional regulation number 19 of

2019 regarding spatial planning for Karanganyar

regency, regional regulation number 1 of 2020

regarding spatial planning for Sragen regency,

regional regulation number 5 of 2021 regarding

spatial planning for Bojonegoro regency, regional

regulation number 17 of 2020 regarding spatial

planning for tuban regency.

The chart above explains how the existing laws

and regulations in Indonesia and those that have a

relationship with the protection of the Bengawan

Solo watershed. At the top is the 1945 Constitution

of the Republic of Indonesia which is the source of

all laws and regulations that were born in Indonesia.

The function of the 1945 Constitution of the

Republic of Indonesia is as a basis for running a

government in the form of legislation, including the

protection of the Bengawan Solo watershed. Then

below is the 1945 Constitution of the Republic of

Indonesia and below it is Law Number 23 of 2014

concerning Regional Government and Law Number

32 of 2009 concerning Protection, Environmental

Management, and Law Number 17 concerning

Water Resources. The three laws in substance have

specific rules to protect and manage watersheds.

Under the three laws above are Government

Regulations No 17 of 2012 Concerning Watersheds.

These government regulations are regulations that

are specifically made to assist the implementation of

the tasks of the law above them. The government

regulation contains rules and policies regarding

watersheds in particular. This government

regulation is also a reference for making regional

regulations which are made to assist in the

management of watersheds. Unfortunately, at the

regional level, the researchers studied, there was no

regional regulation specifically made for the

Bengawan Watersheds. Then the researcher focused

on regional regulations regarding spatial planning in

each area studied by the author, namely regional

regulations regarding spatial planning for Wonogiri

Regency, regional regulations regarding spatial

planning for Sukoharjo Regency, regional

regulations regarding spatial planning for Surakarta

City, regional regulations regarding spatial

planning. Karanganyar Room, Regional Regulation

concerning Sragen Regency Spatial Plan, Regional

Regulation concerning Tuban Regency Spatial Plan,

and Regional Regulation regarding Bojonegoro

Regency Spatial Plan.

Based on the analysis obtained by the researcher

from several articles contained in each law,

government regulation, and regional regulation, the

authors found several substances related to the

Bengawan Solo watershed policy and substance

regarding Bengawan Solo management plans in the

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future. The substance is divided into the words:

management, understanding, protection, sanctions,

spatial planning, law enforcement, environmental

carrying capacity, disaster-prone areas,

environmental damage, conservation of water

resources, business permits, and stages of watershed

management. These words, when connected, mean

that the Indonesian government has an effort in

managing the Bengawan Solo watershed. Although

in an empirical setting, there have been no specific

rules made by the government for the Bengawan

Solo watershed, both at the national level and at the

regional level.

In the absence of special regulations for the

Bengawan Solo watershed, it is feared that it will

disrupt the sustainability of the Bengawan Solo

watershed. In the view of Critical Legal Studies, the

law should be created and intertwined and sensitive

to developing social problems. The problem of the

Bengawan Solo River Basin that occurs does require

special handling. In previous research conducted in

the Bengawan Solo watershed, researchers found

problems regarding river water pollution in the

Bengawan Solo watershed, this happened because

there were no appropriate policies in the area of law

enforcement at the regional level, [6]. In the

thinking of critical legal studies, sometimes laws are

only made for the holders of power, and those who

make the rule of law obey the rulers, [15]. In the

end, imperfect laws or laws that are not under the

problems that occur are born, [16]. The imperfection

of the law will affect its implementation. For

example, the absence of a legal vacuum in the

Bengawan Solo watershed will weaken law

enforcement in that area. Another view is also

conveyed by the originators of the theory of critical

legal studies, which provides the assumption that

law is always close to the authorities. The point is

that the laws issued by the authorities tend to be

only for the benefit of the ruling circle.

The preservation of the Bengawan Solo

watershed is urgently needed because Indonesia

itself has ratified the concept of sustainable

development and Indonesia itself has implemented

the concept of regional autonomy. These two

concepts have a very big role in Indonesia, even

though these concepts are not original concepts

from Indonesia, the impact that is born is very large.

Unfortunately, one of these concepts, namely the

concept of regional autonomy, has weakened its

authority in the watershed conservation sector. It is

proven by the analysis of the author who has not

found specific regulations for the Bengawan Solo

watershed in every district or city that is passed.

3.2 Tourism Potential of the Bengawan Solo

Watershed

Indonesia is a country that has beautiful nature and

lots of biodiversity, [17], [18]. These two potentials

have been utilized by Indonesia to increase the

country's foreign exchange and regional income.

After the Covid storm that attacked Indonesia and

paralyzed Indonesian education, [19], [20], [21],

and economy, [22], [23], [24], the Indonesian

government continues to strive to grow the

Indonesian people's economy, one of which is

through the tourism route. Several regions in

Indonesia have also started to increase in tourist

visits, such as Bali, NTB, and Yogyakarta. The

increase in tourism in several regions in Indonesia is

a momentum for other regions to improve their

tourism sector, including the area through which the

Bengawan Solo River Basin passes, especially in the

7 regencies studied by the researchers.

The potential for tourism development in 7

regencies in the Bengawan Solo watershed is very

good considering the policies that the central

government continues to develop in an effort to

promote regional potential through regional product

development or regional natural potential. During

observations in the Bengawan Solo watershed,

researchers found several points that could be

developed by the local government for the

development of water tourism, for example, the

arrangement of the river area in the Bengawan Solo

watershed in Surakarta City. the arrangement of the

Bengawan Solo watershed area was carried out by

BBWS (Bengawan Solo River Basin Area) to make

the appearance of the Bengawan Solo watershed

area better and more attractive.

The utilization of tourism in certain areas has a

positive value in the eyes of the community and

provides a more natural and clean atmosphere.

Water tourism has development opportunities in

tropical regions such as Indonesia. Considering that

Indonesia only has two seasons, namely the rainy

season and summer. In addition, the use of water

tourism also provides a position in environmental

education. According to Trias Hernanda, an attitude

of love for the environment can be created through

education, [25]. The arrangement of watershed areas

in Surakarta City is presented in Figure 2.

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Fig. 2: Arrangement of watershed areas in Surakarta

City

The picture above shows that the condition of

the clean Bengawan Solo watershed area displays its

dance charm for the community to visit and opens

new jobs for people who will open food stalls in the

tourist area. For example, Sukoharjo Regency has

started to develop a tourism village on the edge of

the Bengawan Solo watershed in the villages of

Jangglengan and Bengawan Solo Music Jazz in

Bojonegoro, these two examples prove that the

tourism potential belongs to the Bengawan Solo

watershed with good natural attractions. The

development of water tourism in watershed areas

has been developed in several other developed

countries, such as Switzerland, [26], Germany, [27,]

and China, [28]. These countries develop watershed

areas properly and correctly so that the benefits of

watersheds have utility for the welfare of the

surrounding community. Considering that the

development of water tourism in watersheds is very

diverse, such as tours along the river, culinary tours

along the river, and educational tours on the river,

[29]. On the other hand, the potential for the

development of the Bengawan Solo watershed also

has various challenges including from the

perspective of each regional policy. Policies in the

area are generally only policies that are general,

such as regional regulations for tourism only and the

Bengawan Solo watershed area which cannot be

included in the regional spatial planning, because

the concept of regional autonomy for watershed

areas

The river authority is owned by the central and

provincial governments. So there needs to be a

policy study to develop ideas about the development

of water tourism in the Bengawan Solo watershed

area. The delegation of governmental authority from

the center to the regions is one of the contents of the

concept of regional autonomy. So actually the

regional opportunities for the development of water

tourism can also be implemented.

3.3 Policy Opportunities for the Development

of Water Tourism in Watershed Areas

Indonesia has always emphasized its position as a

law-abiding country, [30], [31]. This situation

makes Indonesia always conduct studies and make

rules for every policy that will be born. In addition,

Indonesia also adheres to a hierarchical system in

every regulation that is issued. The hierarchical

system adheres to the Stufenbau theory coined by

[32]. Where every law that is made may not conflict

with the law above it. This legal basis also applies to

legal arrangements for watershed areas. Where the

source of watershed area regulations must come

from the law above it. Unfortunately, not all

watershed areas have their own special rules. Based

on the search, researchers only found regulations

made for the Citarum watershed. Other watersheds,

do not yet exist or are still common.

Reflecting on the weak state of environmental

law enforcement in Indonesia, the establishment of a

regulatory basis must be implemented immediately,

[33]. The regulatory basis is indeed important,

especially with the concept of regional autonomy

adopted by Indonesia, [34]. So the basis for

implementation in carrying out law enforcement and

protection of the Bengawan Solo watershed will be

easy to implement. Based on the results of an

analysis of regional laws and regulations that have a

relationship with the Bengawan Solo watershed in

point 3.1 above, the opportunity to create a legal

basis for the protection of the Bengawan Solo and

also for the use of water still exists or can still be

implemented, this situation is based on a

presidential regulation issued made for the Citarum

river basin.

The benefits of having a specific legal basis can

already be felt. For example, the legal basis for the

Citarum River Basin has a legal basis. Acceleration

of development and arrangement of the Citarum

River Basin continues to be carried out and

monitoring of pollution of the Citarum River Basin

has been well institutionalized, although there are

still cases of pollution that also spreads to the

Citarum River Basin. So it is not impossible to

create a legal basis for the Bengawan Solo

watershed. This foundation can be used as a

foothold for the development of water tourism in

every area traversed by the Bengawan Solo

watershed. Acceleration of the development of the

Bengawan Solo watershed can also be implemented

if it already has a legal basis for the watershed

considering the situation experienced by the

Bengawan Solo watershed and the Citarum

watershed are the same. In addition, the opportunity

to make policies for the development of the

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Bengawan Solo watershed area can also be sourced

from the concept of sustainable development which

has been ratified by Indonesia, [35], even though

the concept is not binding and only serves as the

basis for achievement indicators, but with results

that have been calculated through surveys, the

urgency making special regulations for watershed

areas can be implemented immediately based on the

2030 sustainable development concept, [5]. Based

on research conducted by previous researchers, the

handling of cases of pollution in the Bengawan Solo

river basin area is very slow, and also each region

blames one another, so it does not produce a good

meeting point and tends to stop because no one has

provided a good and correct solution. The future of

watersheds is the future of humanity. Such as the

future of the Bengawan Solo watershed which is

very important because it is also a buffer for the

future of the environment in the provinces of

Central Java and East Java. Evidenced by the latest

case experienced by the Bengawan Solo watershed,

namely water pollution by alcohol waste in the river

the Bengawan Solo watershed which made the

regional drinking water company in the Solo city

area stop taking water from the river in the

Bengawan Solo watershed. Caring for the watershed

by creating a legal basis is key to saving and

developing an environment based on the original

character of the Bengawan Solo watershed in the

future, as has been implemented in the Citarum

River basin.

4 Conclusion

The importance of caring for the Bengawan Solo

watershed can already be seen from the various

cases that have hit the Bengawan Solo watershed,

based on the discussion above there are three

conclusions that can be explained first, several rules

are related to the flow of the Bengawan river, but in

the opinion of the author that these rules are still

general and not specific, so what happens is that

there is no follow-up at the regional level. Second,

the opportunity for the utilization of the Bengawan

Solo watershed for the water tourism area is still

open, but it must be preceded by the establishment

of regulations as a legal basis. The potential

possessed by the Bengawan Solo watershed is very

large in terms of developing opportunities for water

tourism. Third, there is still an opportunity to make

policies for the Bengawan Solo watershed for the

development of water tourism, following the

example of the legal basis for the Citarum watershed

which has a presidential regulation, although not yet

in the form of a law or regional regulation, but the

position of the regulation can already be used as a

policy basis. for the protection and management of

watersheds, including in the framework of utilizing

watersheds for water tourist

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Contribution of Individual Authors to the

Creation of a Scientific Article (Ghostwriting

Policy)

- Absori: His contribution of research was found

original idea of research; Designed experiment;

Analyzed and interpreted the data; Contributed

reagents, material, analysis tools or data; Wrote the

paper

- Trias Hernanda: His contribution of research

Designed the research; Selected data research,

Contributed reagents, material, analysis tools or data

Analyzed; interpreted the data; Wrote the paper.

- Kelik Wardiono: His contribution of research was

Performed the research; Selected data research,

Contributed reagents, material, analysis tools or data

Analyzed; interpreted the data; Wrote the paper.

- Aidul Fitriciada: His contribution of research was

Performed the research, Contributed reagents,

material, Validate data; analysis tools, or data

Analyzed; interpreted the data; Wrote the paper.

- Arief Budiono: His contribution of research was

Contributed reagents, material, Validate data;

analysis tools or data Analyzed; interpreted the data;

Finishing publication revisions, Finalization paper,

Wrote the paper

Sources of Funding for Research Presented in a

Scientific Article or Scientific Article Itself

This research funded by Minister of Education,

Culture, Research and Technology Republic of

Indonesia with Doctoral Dissertation Research

Grant

Conflict of Interest

The authors have no conflict of interest to declare.

Creative Commons Attribution License 4.0

(Attribution 4.0 International, CC BY 4.0)

This article is published under the terms of the

Creative Commons Attribution License 4.0

https://creativecommons.org/licenses/by/4.0/deed.en

_US

WSEAS TRANSACTIONS on ENVIRONMENT and DEVELOPMENT

DOI: 10.37394/232015.2023.19.80

Absori Absori, Trias Hernanda,

Kelik Wardiono, Aidul Fitriciada, Arief Budiono

E-ISSN: 2224-3496

851

Volume 19, 2023