Celah Hukum yang Terselubung: Problematika Regulasi Peran Swasta dalam Pelayanan Air Minum: A Hidden Legal Loophole: The Complexity of Regulating Private Sector on Drinking Water Service

Mohamad Mova Al’Afghani (Fakultas Hukum, Universitas Ibnu Khaldun, Bogor, Indonesia)
Bisariyadi Bisariyadi (Mahkamah Konstitusi Republik Indonesia, Jakarta, Indonesia)

Jurnal Konstitusi
Vol. 22 No. 2 (2025)

The constitutional concept of ‘state control’ mandates that drinking water be provided by the State. However, the State’s limited capacity has created a service gap filled by a plurality of non-state actors, including communities and private companies. Due to restrictive laws, these actors are forced to operate through regulatory loopholes—such as ‘own-use’ schemes, partnership models, and community-based systems. This situation results in normative incoherence, weak state oversight, and undermines consumer protection. This paper argues that the effective solution is not to prohibit non-state participation but to establish a legal framework that explicitly recognizes and governs this plurality of providers, thereby ensuring legal certainty and upholding the universal right to water