Groundwater
depletion in Indonesia’s East Bandung Industrial Zone has reached a critical
systemic threshold due to decades of unregulated, intensive industrial
extraction. This is evidenced by groundwater tables declining by more than 40
meters and land subsidence progressing at rates of 1–10 centimeters annually.
Despite
an expansive statutory and regulatory framework, environmental degradation
persists unabated, revealing profound structural deficiencies in groundwater
governance. This study cross-examines the legal-political root causes of this
governance failure and articulates a normative reconstruction model grounded in
the paradigms of ecological justice and water sovereignty. Employing a
normative juridical research methodology utilizing statutory, conceptual, and
case study approaches, this analysis anchors its findings upon Lawrence
Friedman’s legal system theory, Edith Brown Weiss's intergenerational equity,
Vandana Shiva’s water sovereignty, and Satjipto Rahardjo’s progressive law
theory.
The
findings demonstrate that ineffective regulatory enforcement stems directly
from fragmented institutional coordination, overlapping jurisdictional
boundaries, a severe deficit in technology-driven oversight, and an entrenched
legal culture that consistently prioritizes short-term macroeconomic expansion
over long-term ecological preservation. These conditions sustain an
anthropocentric, development-oriented legal-political framework that
systematically undermines environmental sustainability and public
constitutional rights to water. As its primary theoretical and practical
contribution, this study proposes a legal-political reconstruction framework
that transforms groundwater from an economic commodity into a public trust
resource and ecological asset. This framework outlines enforceable regulatory
adjustments, including mandatory zero-net-depletion infrastructure, integrated
digital monitoring across provincial authorities, and proactive environmental
jurisprudence.
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