“Food” Or Water for “Drink”? Political Ecology of Water Conflict in Rural

Water for “Food” or Water for “Drink”?

Political Ecology of Water Conflict in Rural Java

Indonesia

eingereicht von

Yosafat Hermawan Trinugraha

Betreuung:

Univ. Prof. Dr. Martin Coy (Institut für Geographie,Innsbruck)

Univ.-Prof. Dipl.-Ing. Dr. Markus Schermer (Institut für Soziologie, Innsbruck)

Dissertation

Eingereicht im Rahmen des Doktoratstudium Geographie

Fakultät für Geo‐ und Atmosphärenwissenschaften

An der Leopold‐Franzens – Universität Innsbruck

Innsbruck 2019

Eidesstattliche Erklärung

Ich erkläre hiermit an Eides Statt durch meine eigenhändige Unterschrift, dass ich die vorliegende Arbeit selbständig verfasst und keine anderen als die angegebenen Quellen und Hilfsmittel verwendet habe. Alle Stellen, die wörtlich oder inhaltlich den angegebenen Quellen entnommen wurden, sind als solche kenntlich gemacht.

Die vorliegende Arbeit wurde bisher in gleicher oder ähnlicher Form noch nicht als Dissertation eingereicht.

Innsbruck, am .06. 2019 Datum Unterschrift

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TABLE OF CONTENT

Table of Content v List of Boxes x List of Figure xi List of Map xiii List of Table xiv Acknowledgment xvii Zusammenfassung xxi Summary xxv

CHAPTER 1 INTRODUCTION 1 1.1. Background 1 1.2. Research Question and Objective 8 1.3. Research Method 10 1.4. Structure of The Thesis 11

CHAPTER 2 THEORETICAL FRAMEWORK 13 2.1. The Concept of Nature in Geography 13 2.2. Political Ecology, Commodification, and 17 Environmental Conflict 2.3. Waterscape and Hydrosocial cycle 21 2.4. Water Governance 27 2.5. Summary 33

CHAPTER 3 RESEARCH METHOD 34 3.1. Data Collection Method 35 3.1.1. Secondary Data 35 3.1.2. Primary Data 36

3.1.2.1.Interview 36 3.1.2.2.Observation 40 3.1.2.3.Focus Group Discussion 40 3.2. Research Questions and Data Collection 42 Method 3.3. Data Analysis 44

CHAPTER 4 DESCRIPTION OF RESEARCH AREA 46 4.1 Some Historical Aspect of Klaten Regency 46 4.1.1 Vorstenlanden: Klaten in the 46 Colonial Period 4.1.2 Bureaucracy 50 4.1.3 After the Revolution/Independence 52 4.1.4. The Period of New Order and 54 Reformation 4.2. Actual/Recent Condition of Klaten Regency 55 4.2.1. Geographic Condition 55 4.2.2. Precipitation 56 4.2.3. Land Use 58 4.2.3.1. Agricultural Land 60 4.2.3.1.1. Irrigation 64 4.2.3.2. Non-Agricultural Land 67 4.2.4. Administrative Region 68 4.2.5. Population 72 4.2.5.1. Composition 72 4.2.5.2. Growth 74 4.2.5.3. Density 75 4.2.5.4. Employment 77 4.2.5.5. Declining Work in the 79

Agriculture Sector 4.2.6. Economy and Poverty 82 4.2.7. Overview of Research Site 84 4.2.7.1. Polanharjo Sub-district 85 4.2.7.2. Juwiring Sub-district 86 4.3. Summary 87

CHAPTER 5 THE DYNAMICS OF WATER RESOURCES 89 POLICY IN INDONESIA 5.1. Global Context 89 5.2. Water Resources Policy in Indonesia 91 5.2.1. Colonial Period: The First 93 Generation 5.2.2. The Development of Water 98 Resources Management:The Second Generation 5.2.3. The Third Generation of Water 102 Resources Development: Law No.7/2004 5.2.3.1. The Background of the 102 Emergence of Law No.7/2004 5.2.3.2. The Content Outline of 106 Law No.7/2004 5.2.3.3. Criticism and Resistance 111 to Law No.7/2004 5.2.4. The Phenomenon of Bottled Water 120 in Indonesia: Development and Regulation

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5.2.5. After the cancellation of Water 126 Resources Law No.7/2004 5.3. Summary 126

CHAPTER 6 CONFLICT AND COMMODIFICATION OF 128 WATER IN KLATEN 6.1. Competing for the Access of Water Spring 128 6.2. Actors in Water Conflict 140 6.2.1. Government 140 6.2.2 Companies 146 6.2.3. Local NGOs and CBOs 150 (Community-Based Organizations) 6.2.4. Farmer and Villager 152 6.2.5. University/Research Institution 154 6.3. Types and Chronological of Water Conflict 155 in Klaten 6.3.1. The Conflict between Farmers and 155 the Bottled Water Corporation 6.3.2. Conflicts between Klaten Regency 168 Government and Surakarta City Government 6.4. The Power Relations of Actors 172 6.4.1. The Relation between Corporations, 172 Local Government, University, and Farmers 6.4.2. The Power Relation between 185 Surakarta Government and Klaten Government 6.4.3. Local NGO: Between Corporation 187

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and Community 6.5. The Hydrosocial Cycle and Contested 198 Waterscape in Klaten 6.6. Perceptions and Expectation toward the 206 New Water Resource Law 6.7. Water for Food or Water for Drink? 211 6.8. Summary 216

CHAPTER 7 CONCLUSION 218 REFERENCES 223

LIST OF BOXES

Box 5.1. Article 16 of Water Resources Law No.7/2004 142 Box 5.2. Article 17 of Water Resources Law No.7/2004 143

LIST OF FIGURES

Figure 1.1 Water Stress by Country 3 Figure 2.1. Contemporary Geography and Study of Nature 14 Figure 2.2. The Study of ‘nature’ within and between 15 Geography’s Three Main Branches Figure 2.3. Theoretical Framework 32 Figure 4.1. Rainfall in Klaten 57 Figure 4.2. Agriculture Land in Klaten (in Ha) 62 Figure 4.3. Wetland Based on Irrigation Types in Klaten (in 65 Ha) Figure 4.4. Land Use Change in Klaten 1987-2017 67 Figure 4.5. Land Use Change from Rice Field to Settlement 68 in Klaten Figure 4.6. Population Pyramid of Klaten Regency 73 Figure 4.7. Population Growth in Klaten 1970-2010 74 Figure 4.8. Economic Structure of Klaten Regency (%) 82 Figure 5.1. The Growth of Bottled Water in Indonesia 121 Figure 5.2. Percentage of Household by Drinking Water 122 Sources Figure 6.1. Umbul Sigedang in Ponggok Village 134 Figure 6.2. The Plant of PT TI Danone in Wangen Village 157 Figure 6.3. Demonstration by Villagers in 2014 164 Figure 6.4. Ingas Spring/Cokro Tulung in Tulung Sub- 171 district Figure 6.5. Umbul Ponggok Becomes a Local Tourist 178 Destination Figure 6.6. Downstream farmers use shallow dug wells for 180 irrigation during dry season

Figure 6.7. Bag Products from Plastic Waste Recycling 195 Activities of PT TI's CSR Figure 6.8. Actors in Water Conflict in Klaten 197 Figure 6.9. Waterscape and Hydrosocial in Klaten 202 Figure 6.10. The Damaged Situation of Secondary Irrigation 206 Network in Juwiring Sub-district

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LIST OF MAPS

Map 4.1. Vorstenlanden in 1921 47 Map 4.2. Land Use in Klaten 61 Map 4.3. Administrative and Research Area Map of 71 Klaten Regency Map 4.4. Population Density of Klaten 76 Map 6.1. Some of The Big Springs in Polanharjo and 133 Tulung Sub-districts Map 6.2. PT TI Danone’s Bottled Water Factories in 147 Indonesia

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LIST OF TABLES

Table 1.1. Countries with The Bigest Actual Renewable 2 Freshwater Resources Table 1.2. Indonesian Water Balance in The 2003 and 2020 4 Dry Season Table 2.1. Five Theses in Political Ecology 18 Table 3.1. Informants List 38 Table 3.2. The Data Collection Method 43 Table 4.1. The number of Sugar factory in Surakarta 49 Residency in 1920 Table 4.2. Socio-Economic Stratification of Klaten in 1960s 54 Table 4.3. Annual Rainfall in Klaten 58 Table 4.4. Land Use in Klaten (Ha) 59 Table 4.5. Agricultural Products of Several Food Crops in 63 Klaten Table 4.6. Number of Irrigation Area based on the 66 responsibility of authority level in Klaten Table 4.7. Population aged 15 years and above who works 78 based on gender and main employment in Klaten Table 4.8. Number of Agricultural Household and 80 Agricultural Company in Klaten Table 4.9. Poverty Rate of Klaten Regency 84 Table 5.1. Dynamics of Development and Management of 94 water resources (1850-1950) Table 5.2. Second Generation of Water Resources 102 Development and Management (1950-1998) Table 5.3. The Outline of Water Law No.7/2004 107 Table 5.4. The Comparison between Water Law No.11/1974 108

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and Water Law No.7/2004 Table 5.5. The Chronology of Judicial Review of Water Law 113 No.7/2004 in the Constitutional Court Table 5.6. The Definition of Water Use Rights in Water Law 116 No.7/2004 Table 6.1. The Distribution of Spring per Sub-district in 129 Klaten Table 6.2. The Biggest Springs in Klaten 130 Table 6.3. Regencies and Cities with Medium and High 137 Water’s Deficit In Central Java Province Table 6.4. Regencies/Cities in Central Java that Experience 139 Drinking Water Deficit (prediction) Table 6.5. Government Actors Related to Water Conflict in 144 Klaten Table 6.6. Summary of Conflict Between Farmers/Villagers 167 and PT TI Table 6.7. The Raw Water Source of PDAM Surakarta 169 Table 6.8. Contribution of PT.TI to Klaten Regency (in 175 Rupiah) 2005-2009

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ACKNOWLEDGEMENT

I am feeling grateful for the completion of this dissertation. The more than six-year experience of doctoral study is not an easy one, but it sure feels wonderful when the experience finally ends and passes. The invaluable experience during my doctoral study is not only regarding the writing process of dissertation, but also the invaluable experience during my study in Innsbruck. Beautiful cities, comfortable learning environment, and people who are always appreciative and friendly are a few things that I will remember. Moreover, I always try to remember that the process of writing a dissertation is a part of the maturity process of my academic ethos. It is not a final and perfect one, but it is one step closer to a better one. I would like to thank many generous people who have made my study and this dissertation possible. First of all, I would like to thank Univ.-Prof. Dr. Martin Coy as my main supervisor. He has always supported, cared, encouraged and helped me during my study and in the process of my dissertation. Every time I left his room after a discussion with him, I would always be lifted up with excitement. Then I would like to thank Univ. Prof. Dipl.-Ing. Dr. Markus Schermer as my co-supervisor, who has always been open and ready to give me inputs. Special thanks to Dr.rer.nat. Nurhadi as my "third supervisor", who reviewed and gave many suggestions to the dissertation draft. He is not only my informal supervisor but he is also the person who introduced me to University of Innsbruck. My study in Innsbruck is possible because of the funding support from DIKTI Scholarship and Sebelas Maret University in Indonesia. Many thanks to the two institutions that enable me to study at the University of Innsbruck, Austria.

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I am also very thankful to my informants in Klaten, Indonesia, in particular to Pak Martono, who is always friendly and helpful during the fieldwork. I also would like to thank Pak Herjoko, Pak Agus, Pak Joned, and all other informants, who are warm and friendly, who welcomed and enthusiastically assisted me during the data collection process. I always remember the kindness of Alan Sigit and Wahyu Joko who joyfully and willingly helped me in doing the data collection and transcribing the interviews. Many thanks for all of your kindness. I also would like to thank the AGEF Family who, in various ways, have helped me to adapt and comforted me during my study. They have made my life in Innsbruck easier and more comfortable in several aspects. Many thanks to Christian Obermayr, Tobias Töpfer, Simone Sandholz, Robert Hafner, Fernando Ruiz Peyré, Gerhard Rainer, Michael Klingler, Armin Kratzer, Jutta Kister, Verena Schröder, Frank Zirkl, Ute Ammering, Karl-Michael Höferl, Daniel Magalhães and some other friends who have ever interacted with me. To Indonesian students in Innsbruck who have been friends of mine in many ways. Thank you to Widiyanto, Nur Ainun P, Syamsul Bahri, Yohanes Subali, Bismoko Mahamboro, Stenley Vianney, Dominikus Sukristiyono, Givan, Agung Dewanto, Nina Novira, Sarrah Ayuandari, Utia Suarma, Mohammad Saleh and Arko Jatmiko W. Thank you so much to Bu Jenny and Mbak Nona, who are part of the Indonesian Community in Tirol, who are happy to be my friend during my stay in Innsbruck. I also would like to thank Dr. Katrin Bandel for his assistance in editing the summary in German, as well as Sakdiyah Maruf and Maria Yovita for their English correction. This work can not be completed without the support of my family. To my wife, Yustina Devi Ardhiani, who finally has completed

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her doctoral studies at the time of my struggle to finish my study in Innsbruck as well. My son, Gagas Ilalang Bumi, his cheerfulness has always encouraged me to be high-spirited during my study. No words could describe their willingness and patience. I also would like to dedicate this dissertation to my father, Herman Yoseph Tjiptowidodo, who passed away while I was finishing my study, may he rest in peace, and to my mother, Christina Suhartiyah. Their passion and sincerity have guided me to be resilient at every moment of my life. Some words of the title in this dissertation was inspired by the title of a project carried out by CIRAD, who had carried out its program in Klaten. The title really intrigued me, and in my view, it can represent the reality of conflicts over the use of water resources that occurred in Klaten. Finally, I hope this dissertation can be useful and become a milestone for the next step. The views expressed here, as well as any inaccuracies and mistakes, are, of course, my sole responsibility.

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ZUSAMMENFASSUNG

Wasser ist ein Rohstoff, um den in der Zukuft voraussichtlich immer mehr gekämpft werden wird. Seine Menge ist relativ gleichbleibend, doch ist der Zugang zu sauberem Wasser seit einigen Dekaden im Ungleichgewicht. Schätzungsweise 780 Millionen Menschen in Afrika, Asien und Lateinamerika haben keinen ausreichenden Zugriff zu sauberem und sicherem Wasser. In Indonesien sind seit der Reformations-Ära 1999 (i.e. seit dem Ende der Neuen Ordnung unter Suharto) neoliberale Tendenzen bei der Verwaltung von Wasser spürbar, etwa in Form der Privatisierung von lokalen Wasserwerken und der Beteiligung von Investoren aus dem Ausland. Diese Situation hat zu Problemen und Konflikten geführt. Die Abschaffung des Gesetzes No. 7/2004 zur Wassernutzung durch einen Beschluss des Verfassungsgerichts im Jahr 2015 hat Hoffnungen auf eine neue, bessere Richtung im Bezug auf die Verwaltung von und den Zugang zum Rohstoff Wasser in Indonesien geweckt. Aber bis zu dem Zeitpunkt dieser Studie sind keine neuen gesetzlichen Regelungen in Kraft getreten. Diese Studie befasst sich mit Konfliken um die Wassernutzung in einer dörflichen Region im Bezirk Klaten in der Provinz Mitteljava. Die Hauptfrage war dabei: Welche Konflikte um die Wassernutzung gibt es in Klaten, und wie wird Wasser kommodifiziert? Diese Forschungsfrage wurde durch folgende Unterfragen präzisiert: Welche Dynamiken lassen sich in der geschichtlichen Entwicklung der Wasserverwaltung in Indonesien beobachten? Was für ein Kommodifikationsprozess (vor allem durch Mineralwasserkonzerne) findet in Klaten statt? Wer sind die Beteiligten in den Konflikten um die Wassernutzung in Klaten, und wie sind die Machtstrukturen? Wie

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denkt der Akteure über und was erhofft sie sich sich von dem neuen Gesetz zur Wassernutzung? Diese Studie konzentriert sich auf zwei Distrikte in Klaten, Polanharjo (eine höher gelegene Gegend mit vielen Wasserquellen) und Juwiring (eine tiefer gelegene Gegend, die auf Wasser aus den höher gelegenen Gegenden angewiesen ist). Die verwendeten Methoden sind qualitativ. Die Primärdaten wurden mit Hilfe von Interviews, Beobachtung und Fokusgruppen erhoben. Diese wurden durch Sekundärdaten in Form von Statistiken, Monografien, Landkarten, Bestimmungen, sowie Artikeln aus Print- und Onlinemedien ergänzt. Mit Hilfe von Politischer Ökologie als theoretischem Ansatz, ist diese Studie zu folgenden Ergebnissen gekommen. Erstens lässt sich bezüglich der historischen Entwicklung beobachten, dass die Politik der Wasserverwaltung immer im Zusammenhang mit den jeweiligen sozialpolitischen Gegebenheiten der Gesellschaft steht. Dies zeigt sich seit der Kolonialzeit bis zum heutigen Tag. Die neueste Entwicklung ist die Abschaffung des Gesetzes No. 7/2004 zur Wassernutzung, das von einigen Gruppen als neoliberal gefärbt wahrgenommen wurde. Zweitens zeigt sich, dass die großen Veränderungen im Zuge der Refomation von 1998 ein zweischneidiges Schwert für Indonesien sind. Einerseits ist nun die autoritäre Ära Suhartos zu Ende, und eine neue Demokratie hat sie ersetzt. Andererseits aber ist diese neue Situation vom verstärkten Einfluss globaler Politik eines neoliberalen Charakters begleitet, die Auswirkungen auf die nationale Politik betreffs der Wasserverwaltung in Indonesien hat. Drittens sind die im Fall der Konflikte um die Wassernutzung in Klaten involvierten Akteure die folgenden: ein Mineralwasserkonzern (Danone), die Regierungen des Bezirks Klaten und der Stadt Surakarta, Bauern in den stromabwärts gelegenen Gebieten, lokale NGOs und Akademiker. Der Mineralwasserkonzern ist der

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dominierende Akteur, während die Bauern in den stromabwärts gelegenen Gebieten in der schwächsten Position sind. Viertens äussern die Beteiligten unterschiedliche Erwartungen betreffs des neuen Gesetzes zur Wasserverwendung (das bis zu dem Moment dieser Studie noch nicht erschienen ist). Doch alle Beteiligten vertreten die Ansicht, dieses neue Gesetz müsse ihnen jeweiligen

Interessen Rechnung tragen.

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SUMMARY

Water is a natural resource that is predicted to be increasingly contested in the future. As a natural resource, water has a relatively fixed quantity, however access to clean water has experienced imbalances over the past few decades. It is estimated that around 780 million people in Africa, Asia and Latin America still lack access to safe and adequate clean water. In Indonesia, since the Reformation era in 1999, policies on water resources management have been felt to be neoliberal with the process of privatization of several regional drinking water companies and the inclusion of several foreign investments in the water sector. This situation creates various problems and conflicts. The cancellation of Water Resources Law No. 7/2004 by the Constitutional Court in 2015, is expected to bring a lot of new changes to the management and access of water resources in Indonesia. However, until this research was conducted, the new law had not yet been issued. This research is trying to describe the conflicts in the use of water resources in one rural area in Klaten Regency, Central Java Province, Indonesia. The main question of this research is: How do the conflict and commodification of water occur in Klaten? The main question has several sub-questions, namely: How is the history and dynamics of water resources management policies in Indonesia? How does the process of water commodification(especially through bottled water companies) occur in Klaten? Who are the actors involved in the water conflict in Klaten, and what kind of power relations that occur? What are the perceptions and expectations of the actors regarding the new Water Resources Law that is still in the process of being published?

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This research focused on two sub-districts in Klaten Regency, namely PolanharjoSub-district (located in a high area and equipped with many water sources) and JuwiringSub-district (located in a lower area). This study uses a qualitative method. Primary data was obtained by conducting interviews, observation, and focus group discussions. Secondary data was obtained from statistical and monographic data, maps, regulatory documents, as well as printed and online media data. By utilizing the theoretical framework and approach of political ecology, several findings and conclusions from this study are found. First, historically, the development of water resources management policies in Indonesia has always been adjusted to the social and political context of the community. These developments stretched from the colonial era to the present. The latest development is the cancellation of Water Resources Law No. 7/2004 in which according to some circles is considered to be neoliberal. Second, the major changes during the 1998 Reformation era act like a double-edged sword for Indonesia. On one hand, the authoritarian era of Suharto had fallen and a new era of democracy began to emerge. On the other hand, the situation was accompanied by the introduction of various neoliberal global policies and an impact on national policies concerning the issue of water management in Indonesia. Third, in the case of water conflicts in Klaten, the actors involved were bottled water corporation (Danone), Klaten Regency Government, Surakarta City Government, downstream farmers, local NGOs, and academics. The corporation is the most dominant actor than the other actors, while downstream farmers are the weakest actors in this regard.

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Fourth, with regard to the new Water Resources Law (which until this writing was done has not yet been published), a number of actors responded with various expectations. The entire actors believes that the new law must be able to accommodate their respective interests.

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CHAPTER 1

INTRODUCTION

1.1.Background Water as natural resources is an important issue today.Only about 2.5 percent of the world's water is freshwater and less than 1 percent is accessible to humans. Probably the most pressing challenge is to extend water supply to the estimated 780 million people, overwhelmingly concentrated in Africa, Asia, and Latin America, who still lack access to sufficient and safe water, despite claims of substantial progress achieved under the Millennium Development Goals (WHO/UNICEF, 2012 in Budds and Loftus, 2014:365). Some experts argue that water will become an increasingly scarce entity in the future. Like a blue gold, water will become an increasingly contested and valuable resource and very likely to be a source of conflict in many countries around the world. Indonesia as an archipelago– compared to some other countries in the world - is not actually included in a "water shortage" country. According to FAO's report in 2012, the number of renewable water in Indonesia is the seventh largest in the world after Brazil, Russia, United States of America, Canada, China and Colombia. It is as shown in the Table 1.1.

Table 1.1. Countries with the Biggest Actual Renewable Freshwater Resources

No Countries Total Actual Renewable Freshwater resources (km3/year) 1 Brazil 8.233.000 2 Rusia 4.508.000 3 USA 3.069.000 4 Canada 2.902.000 5 China 2.840.000 6 Columbia 2.132.000 7 Indonesia 2.019.000 Source: FAO (2012)

The high amount of renewable freshwater in Indonesia is due to its geographical location and tropical climate with high rainfall, producing abundant ground water reserves. Despite of geographical variations in some areas in Indonesia, physically Indonesia is an abundant water country. Unfortunately, the situation is not followed by equal access and vast distribution for all people and regions. From time to time, water becomes a problem in society, especially with regard to access and distribution. Data from the World Resource Institute as shown in Figure 1.1 shows how water stress levels are from every country in the world. In the data visualized through the map, we can see that Indonesia is one

of the countries that experience high levels of water stress (40-80%). It gives an indirect illustration that although water resources are abundantly available in Indonesia, their access and distribution tend to be uneven. The trend of increasingly difficult access will continue to increase in the future if there is no good social policy to solve it.

Figure 1.1. Water Stress by Country (Source: World Resource Institute,2013)

Table 1.2 will show the water balance on the main islands of Indonesia especially during the dry season. The following table demonstrate the availability of water in comparison to demand by residents in some of the main islands of Indonesia.

Table 1.2. Indonesian Water Balance in the 2003 and 2020 Dry Season (in billion m3)

Island Availability Demand Projected Balance in 2003 demand in 2020 Sumatra 96.2 11.6 13.3 Surplus Java & Bali 25.3 38.4 44.1 Deficit Kalimantan 167.0 2.9 3.5 Surplus Nusa 4.2 4.3 4.7 Deficit Tenggara Sulawesi 14.4 9.0 9.7 Surplus Maluku 12.4 0.1 0.2 Surplus Papua 163.6 0.1 0.2 Surplus Source: Sutardi (2003) as quoted by Hadipuro (2010)

From the table above, it can be seen that Java and Bali islands are recorded as the highest deficit among other islands in 2003. The number tends to increase and it is estimated that Java and Bali will experience 44.1 billion m3 deficits by 2020. Compared to other islands, Java and Bali are the islands with the highest population density. In addition to Java, Nusa Tenggara Islands also have a high deficit rate, although not as big. The figures above show that although Indonesia as a whole is a region rich in water resources, distribution and access tend to be more unbalanced from one region to another.Although the above description only occurs in the dry season, if not observed and managed properly, there is a possibility that the situation will be worsening or that the imbalance will continue to increase.

This imbalance of distribution and access has slowly but surely led to conflict between water users in some parts of Indonesia, especially in the dry season. Water seems to be increasingly scarce and difficult to access for some groups of people. Conflict in water use is inevitable and involves many actors; from government and the private sector to general public both in urban and rural areas.There are dozens of water conflicts surfaced in various regions in Indonesia, especially in Java, such as conflict between local water users organized in HIPPAM (Villager’s Water User Association) and hotel businessman in Batu City, East Java Province centre around the issue of incessant development of hotel that is considered as primary cause of reduced public water discharge. In addition, conflicts between local communities and bottled water companies in Sukabumi Regency, West Java Province, as well as the presence of various corporations in the region are also considered to be disruptive and causing difficult access to clean water for the daily needs of local communities. A current case worth mentioning is the rally of Rembang farmers to reject the presence of cement factory (Semen Indonesia Inc.) in Rembang District, Central Java upon fear that they will damage the ecosystem and water source essential for farmers and villagers living around Watuputih Watershed Basin area in Kendeng Mountains for many years. Finally, the conflict emerged in Klaten Regency between the farmers in the downstream area experiencing reduced irrigation discharge in the dry season following the presence of bottled water company, TirtaInvestama. One of the issues arises in the context of water conflict in Indonesia is the issue of water privatization. This issue has emerged since the post-1998 decentralization reform and decentralization era. Similar to the water privatization process in other countries, the process cannot be separated from World Bank intervention.

Momentum of water privatization in Indonesia started in 1998 with the acquisition of local public water corporation in Jakarta (PAM Jaya) by Thames Water Overseas and Suez. Water privatization is also supported by the enactment of Law No. 7/2004 on Water Resources that is considered by many people to have liberal nuance. In the local context, subsequent to decentralization era in Indonesia, local government has more opportunity to invite private sector to invest in water supply. In addition to taking over local companies such as the PDAM (Local Water Supply Company), a provider of tap water/pipes, some Multi National Companies engaged in bottled drinking water also began operating in Indonesia. They also exploit many water springs in various regions in Indonesia. They produce bottled water as commodities which market grows significantly in Indonesia in more than ten years. Both piped water and bottled water companies have involved foreign investment in Indonesia. One of the largest bottled water companies in the market is Danone. As one of the multinational companies, they exploit water in 14 locations in several islands in Indonesia, including in Klaten Regency, Central Java. Danone has worked in Klaten since 2002 and cooperated with local company i.e. Tirta Investama incorporation (PT.TirtaInvestama). They produce bottled water with label "Aqua" which dominates Indonesia's bottled water market. As is known for a long time, Klaten is the region abundant in water resources with approximately 174 water springs (BPS Klaten, 2017). This region has been a supplier of tap water to neighboring such as Surakarta since a century ago. However, in recent years, lack of water for irrigation always happen in downstream area especially in dry seasons (i.e. Juwiring, Delanggu, and Karangdowo Sub-districts). During dry season, many

small farmers in the downstream area use shallow dugwells for irrigation. The situation of water shortage for irrigation also inspires resistance from farmers and villagers in the downstream area. The conflict between farmers in the downstream area and Tirta Investama Company is just one forms of water user actor contestation in Klaten Regency. As a region with rich of water resources, another form of conflicts also occurs, for example, between the local government of Klaten Regency and the government of Surakarta City that has been sourcing water from one of the springs in Klaten Regency for drinking water needs (through Perusahaan Daerah Air Minum (PDAM)/Local Water Supply Company of Surakarta City). Water exploitation from the springs has been done by Surakarta City since the colonial era until now. Tensions and conflicts occur in 2012-2013 are, among others, related to the number of contributions that should be given by the government of Surakarta to the government of Klaten Regency. In addition to the existence of bottled water companies and PDAM of Surakarta City, several other actors involved in the utilization of springs especially in Tulung and Polanharjo Sub-districts, have also varied over the last decade, including water tourism managers, fish farming, and also small and medium scale water dropping companies that also take clean water from springs around Tulung and Polanharjo Sub-districts. Farmers in the downstream have also been utilizing area also utilize the springs in the upper regions (Polanharjo and Tulung Sub-districts) for their irrigation water needs. Some cases of conflict and tension about the use of water occured in Klaten Regency emerged in the aftermath of the 1998 reform in Indonesia. This is inextricably linked to the decentralization/regional autonomy policy as well as the emergence of the Water Resources Law no.7 / 2004 which is considered by many to be more liberal and does not protect water resources for the benefit of people.

The peak of the various movements rejecting privatization of water in Indonesia is the cancellation of the Water Resources Law no.7 / 2004 in 2015 by the Constitutional Court. This situation will enforce the situation of water governance in Indonesia. The new law, up to now, has not been issued. The case of water conflicts in Klaten Regency is one of many other cases in Indonesia. This indirectly shows that the problem of water access and distribution has been on the rise since several years ago in Indonesia. Therefore, water conflict in Klaten is an interesting phenomenon and could be viewed at the multiscale levels. At the global level, privatization promoted by some international institutions (World Bank, IMF, etc) has indirectly been encouraging the entry of multinational corporations of bottled water in Indonesia. Meanwhile, at national level, there are big debates on the role of private sector on the water resources in Indonesia.While it has been reflected by the cancelation of Law no.7/2004 on water resources, at the moment, we are still waiting for the new law. At the local scale, government of Klaten has an interest to improve their local revenue through several investments (in this case through a bottled water company and also begins to recalculate their cooperation with the Surakarta Municipal Government that takes water from their territory). At the same time, local government seems to ignore the local farmer's interest in irrigation as part of their production process.

1.2. Research Question and Objective Based on this situation, it will be interesting to scrutinize conflict and commodification of water in Klaten. In the context of political ecology, water is specifically seen as a commodity encompassing social, politics, cultural, and economics dimensions.

Water is not only used by people and as a physical phenomenon alone, but also related to various aspects such as policy, technological development, cultural, and economic aspects. The main question of this research is: How do the conflict and commodification of water occur in Klaten? The main question is followed by several sub-questions; firstly, how is the history and dynamics of water resources management policies in Indonesia? This question is intended to trace the historical roots of water policies applied in Indonesia since the colonial period to the present day. This description is important to outline how water regulations and policies have been and are changing over time. Included in the discussion is exploration on how the discourse about water as private and public goods has been developing in Indonesia. This question will also represent analysis at the macro level (especially global and national). The second question is: How does the process of water commodification(especially through bottled water companies) occur in

Klaten? This question is about exploring how the water commodification process started in Klaten district with the momentum being the presence of multinational bottled water companies in PT.TirtaInvestama operating in Klaten since 2003. While the third question is: Who are the actors involved and what kind of power relations that occur in the water conflict in Klaten? This question is intended to explore actors involved in the water use conflict in Klaten District. As it is known that the conflict began to heat up since the era of reform and decentralization after 1998. Since then, the issue of privatization and water commodification has been escalating both in Klaten Regency and in Indonesia in general. The fourth sub-question is: What are the perceptions and expectations of the actors regarding the new Water Resources Law that

is still in the process of being published? This question aims to illustrate the recent situation of the development of water resources policy that has been abandoned. It is important also to listen to the views and expectations of actors against the new law which is expected to bring change for a better and fairer for all.

1.3. Research Method In the political ecology approach, research methods are distinguished as qualitative, quantitative, and participatory (Doolitle in Bryant, 2015). Therefore, this research will focus more on qualitative research. Data collection is done by interview, observation, and focused group discussion. In addition, the utilization of secondary data in the form of articles, books, journals, research reports, and statistical data becomes an important part in this research process as well. The focus of the research area is in the Pusur watershed, in Klaten Regency, specifically the Polanharjo sub-district as a representation of the upper area which has many springs and Juwiring sub-districts located in the lower regions (downstream), where many cases of lack of irrigation supply to farmers especially in the dry season discovered. The two sub districts are the focus area of the study. Semi-structural interviews were conducted on various actors considered to be involved in and experience the conflict of water resources in Klaten Regency. They are farmers and villagers, governments, corporations, NGOs / CBOs, and academics / experts who are perceived to know/ understand the geological situation around springs exploited by various actors. Observation is done by seeing the activities of farmers in the fields both in the dry and rainy season, and observes the condition of some irrigation weirs and community activities around the springs that exist around the Pusur River Basin.

Meanwhile the Focus Group Discussion was conducted on the farmers in the downstream area, Juwiring sub-district, which often experienced shortage of irrigation water during the dry season. Data analysis techniques combine the principles of interactive analysis methods of Miles and Huberman (1994) and thematic analysis. Interactive analysis includes three stages of data reduction, display data, and conclusion drawing / verification. While in principle, thematic analysis is a process of segmentation, categorisation and relinking of the aspects of the data prior to final interpretation (Grbich, 2013: 17).

1.4. Structure of the Thesis This dissertation is divided into seven parts/ chapters. The introduction provides the background of the problem and the research question of this study. Meanwhile, the second part explores the theoretical foundations as the framework of this study and the research method. This chapter will explore the roots of thought on nature in geographical debates that affect the perspective of the political ecology approach and especially the concept of waterscape, hydrosocial cycle, and water governance as derived concepts of the theme of political ecology of water used in this research. The third part describes about the research methods and data analysis used in this study. The next chapter (chapter four) gives an overview of research areas that became the focus of this research, namely Klaten Regency in Central Java Province. Although this study focuses on only two sub-districts, Polanharjo and Juwiring, the general overview of Klaten Regency will be presented in this section. The fifth part of the dissertation will discuss on the history and dynamics of water resources policy in Indonesia. This section will

explore the water resources policy from the colonial period to the current actual condition, by trying to divide it into several periods. Recent situation and dynamics development following the cancellation of Water Resources Law no.7 / 2004 is also presented in this chapter. The next section, chapter six, will focus on the analysis of water conflict and contestation in the Klaten district. Who are the actors involved, the power relations between them, and the views and expectations of the new Water Resources Act, which replaces the former Law no.7/2004. Finally, the last part (chapter seven) will provide summary as well as the conclusion and discussion of this study.

CHAPTER 2

THEORETICAL FRAMEWORK

This section will explore some of the existing and emerging theoretical concepts from geographical disciplines in terms of the approach of political ecology, and especially on the issue of water. This chapter will also explore the concept of nature that has been developing in geography, which in many ways also influences the perspective and approaches in political ecology. A review of these concepts and approaches is expected to be the framework in analyzing the subject of this research.

2.1. The Concept of Nature in Geography

The concept of nature is central and basic in geographical thought. It has been developing from time to time, becoming a complex and complicated definition in geography. As stated by Noel Castree in his book Nature (2005), which explains how the contemporary development of nature has been discussed in three geographical branches of physical geography, human geography and environmental geography. This division is not something that suddenly exists, it has been the subject of a long dynamic and academic debate. The division into these three parts actually has continued to develop until today. Therefore, the concept of nature in the context of human geography, in particular, recognizes various approaches ranging from denaturalization of nature to post/after nature that will be explained in the following paragraphs. However, the outline description of the division is illustrated in the following figure.

Figure 2.1. Contemporary geography and study of nature (Source : Noel Castree, 2005, p. 101)

These developing contemporary geography branches show that each has its different focus and studies. Physical geography is more focus on the realistic side of the nature world. Human geography, by contrast, contains many who are suspicious of the idea that the ‘facts’ of those things we call nature can ultimately speak for themselves. It also contains those interested not in the ‘natural environment’ but the ‘unnatural environment’ created by particular societies at the level of both imagination and reality. Finally, it contains many who denaturalize understandings of what sometimes thought as ‘human nature’ (i.e. capacities of the body and mind). Overall, human geographers take a de-naturalizing – even anti-naturalist – approach to their subject matter. As illustrated in the figure below, physical geography defines nature as the nonhuman world or physical environment, meanwhile

nature in human geography is viewed as human nature consisting of subjectivity/identity and body. Environmental geography is situated in between physical and human geography. In this context, environmental geography considers the study of nature as a study on the idea, understanding of, and using of the physical environment. Furthermore, there are various alternatives in environmental geography that can be divided into the status quo approach and radical approach (left wing). Status quo approach is more directed to several disciplines such as resource geography, hazard geography, ecological modernization research, and sustainability research. Radical hazard geography, Third World Political Ecology, environmental regulation and governance research, and environmental injustice research are parts of the radical/left-wing approach.

Figure 2.2. The study of ‘nature’ within and among geography’s three main branches (Source: Castree, 2005, p. 102)

One approach related to the concept of nature in geography - mainly done by human geographer - is its attempt to denaturalize nature. This approach is a contemporary trend in human geography research and seeks to explain that nature is not 'natural.' This is related to the following theses. First, that nature is less important as a factor in human affairs than previously thought and secondly, that those things that seem natural are, in fact, through and through social. Some variants of thought that see nature as a social construction are part of this approach. Also, some geographers are influenced by Marxist thought and some of its variants. David Harvey, for example, a Marxist geographer, argues that this approach is an ideological critique. His criticism of Malthusian thought, which he considered merely representing western interests, is something of interest to be scrutinized. In this context, nature has become an ideology (Castree, 2005:114). There are three main variations to the idea of denaturalizing nature, namely that our conception of nature is simply the conception we routinely perceive with the things they claim. First, some geographers focus on 'myths' and 'orthodoxies': the false beliefs that remain influential. Second, other geographers have shown how natural ideas are woven into the process of hegemony: that is, governed with consent rather than coercion (see Box 1.4 again). Finally, still, other geographers argue that what we call nature is the effect of discourse, where representation and reality 'explode'. Meanwhile, in addition to denaturalization, there is a contemporary development of another approach to nature. The post nature or after nature approach develops among geographers in the spirit of getting out of the dichotomy between nature and society,

agencies, and macro-micro, by believing that the world has become a hybrid. Post-nature geographers are characterized by non- dualistic and relational thinking modes. Relational’s thought argues that phenomena have no nature in themselves but only on the basic of their relation to other phenomena. The works of non- representation theory, new ecology, and actor-network theory are in the line of post-nature or after nature thinking. They want to break the dualism in geography and offer different, non-dualistic, and hybrid views. In its development both approaches, denaturalization and after/post nature, are also influencing the political ecology that will be discussed in the following section.

2.2. Political Ecology, Commodification, and Environment Conflict This research uses political ecology as a framework to observe conflict and commodification of water use in Klaten District, Central Java Province, Indonesia. Generally, political ecology is an interdisciplinary approach to observe nature and social phenomena which has a connection to capitalist development and ecological change in multi scale space and time (Neumann, 2009:229). Political ecology concerning the development and dynamics of the concept of 'nature' in geography as shown by Noel Castree above, is much influenced by the approach of denaturalization and post-nature/after nature. Some of the works of famous authors with the approach of political ecology especially in denaturalization and post-nature approach are represented in the various works of Michael Watts, Paul Robbins, Tim Forsyth, Erik Swyngedouw, etc.

According to Paul Robbins (2012), there are five theses in political ecology: degradation and marginalization, environment conflict and exclusion, conservation and control, environmental identity and social movement, and political object and actor. The following table is a description of them.

Table.2.1 Five Theses in Political Ecology

Thesis What is explained Relevance Degradation Environmental Environmental and conditions (especially degradation, long being Marginalization degradation) and the blamed on marginal reasons for their people, is shown in its change larger political and economic context. Conservation Conservation Usually, viewed as benign and control outcomes (especially efforts in environmental failures) conservation, which are shown to have pernicious effects, and sometimes fail as a result Environmental Access to environment Environmental conflicts conflict and and conflict over are shown to be part of exclusion exclusion from it larger gender, classed, (especially natural and raced struggles and resources) vice versa Environmental Identities of people Political identities and subject and and social groups social struggles are shown identity (especially the new or to be linked to the basic emerging ones) issue of livelihood and environmental activity Political objects Socio-political Political and economic and actors conditions (especially systems are shown to be the deeply structured underpinned and affected ones) by the nonhuman actors with which they are intertwined Source: Robbins (2012, p. 22)

The thesis of environmental conflict is related to the access to environment and conflict over exclusion from it (especially natural resources). Furthermore, it could be explained as an increasing scarcity; produced through resource enclosure or appropriation by state authorities, private firms, or social elites which accelerate conflict between groups (gender, class, or ethnicity). Similarly, environmental problems become "politicized" when local groups (gender, class, or ethnicity) secure control over collective resources at the expense of others by leveraging management interventions of development authorities, state agents, or private firms. Therefore, the existing and long-term conflicts within and between communities are "ecologized" by changes in conservation or resource development policy. This argument is rooted in three fundamental lessons about social ecology, drawn from feminist theory, property research, and critical development studies. First, the argument works from an understanding that social systems are structured around the division of labor and power that differentially distribute access and responsibility for natural goods and systems. Second, it reflects an understanding of property systems as complex bundles of rights that are politically partial and historically contingent. Third, it draws heavily on the historical experience of development activities that show them to be rooted in specific assumption about the class, race, and gender of participants in the development process, often resulting in poorly formed policy and uneven results. The scarcity of resources that emerges conflict, in many cases has a connection to the commodification process of natural resources. According to Prudham, who attempts to synthesize on the basis of the views of various experts, the process of

commodification is understood as interlinked processes. Those are interlinked, where; production for use is systematically displaced by production for exchange; increasing social consumption and reproduction rely on purchased commodities; new classes of goods and services are made available in the commodity-form; and money plays an increasing role in mediating exchange as a common currency of value (Prudham, 2009: 124-125). In this context also, commodification has a broader meaning of privatization. According to Barker, which refers to the thought of Castree as cited by Prudham (2009), although it is a different concept, the privatization scheme is often an integral part of the commodification process. In fact, according to David Harvey, the privatization process is an important event that is directly or indirectly related to accumulation by dispossession and in this case it is not formally different but related to the moment with the commodification of nature (Prudham, 2009: 132). Meanwhile, according to La Billon, environmental conflict is the core of political ecology. Furthermore, environmental conflict can be broadly understood as a social conflict related to the environment. This relation can take several forms and directions. It can be a conflict over the environment, most notably in terms of access to and control over environmental resources (Ribot and Peluso 2003). These so-called “resource conflicts” are defined by Turner (2004: 863) as consisting of “social conflict (violent or nonviolent) associated with both struggles to gain access to natural resources and struggles resulting from the use of natural resources.” From a neo-Malthusian perspective, environmental conflicts also consist of conflicts resulting from environmental processes – especially when resource scarcity supposedly is putting strains on social relations – even if the conflict per se is not over

those “scarce” environmental resources. A variant to this scarcity- driven argument is the so-called “resource curse.” It refers to the situation where the exploitation of abundant resources in undiversified economics contexts results in high levels of large revenues and resource dependence that would increase the vulnerability of conflicts by undermining the quality of institutions, exposing societies to economic shocks, and exacerbating tensions over the distribution of resource rents and more generally the costs and benefits of dominant resource sectors (Le Billon, 2015:599-600). Bryant and Bailey (1997:23) assert an actor-oriented approach to analyze political ecology conflict in third world countries which analyzes actors’s contribution to conflicts, such as state, business group, multilateral institutions, non-government organization (NGO), and grassroots. This approach focuses on the interest, characteristics, and action of a different type of actors in the understanding of political ecology conflict. An actor-oriented approach tries to understand conflicts (and cooperation too) as the result of interaction of different actors pursuing their different aim and interests.

2.3. Waterscape and Hydrosocial Cycle Waterscape as a concept would be applied to analyze water conflict and commodification in this research.This concept is relatively new in the tradition of political ecology and became one of the important concepts in the study of the political ecology of water. Waterscape recognizes that nature and society are inseparable and intertwined with each other and produce a hybrid socio-nature (Karpouzoglou and Vij, 2017:1). The ‘scape’ refers to the hybrid sense.

Although relatively new in human geography, there have been some writings that also use and try to develop this concept, such as the concept of resourcescape or soyscape written by Coy, Peyre and Obermayr (2016) who examine the phenomena of resources in Latin America. In this paper, they also point out the following paragraph on resourcescape,

“…we understand it as produced ‘landscape’ comprising of material and immaterial resources in all their facets on the one hand and a complex assemble of socio-economical regimes, actor constellations, their struggles and territorial arrangements on the other”.

In geographical research, the notion of waterscapes has been adopted most prominently by Bakker (2003), Budds (2009), Loftus (2007); Loftus & Lumsden (2008) and Swyngedouw (1999; 2004; 2006b). Situated mostly in the broader context of Political Ecology, major work has been done to understand how water is accessed or denied, how it is commodified, regulated and struggled over. The term waterscape is increasingly emerging in work that links water and social power relations. In this sense, the concept has been employed to explore the ways in which flows of water, power, and capital converge to produce uneven socioecological arrangements over space and time, the particular characteristics of which reflect the power relations that shaped their production (Budds and Hinojosa,2012:124). Through waterscape, water is seen as a politicized environment where actors have different positions. Accordingly, waterscape could be read in terms of inequality, conflict, and cooperation between actors, and in terms of a power struggle over

the interaction that actors do to their environment (Bryant & Bailey as cited by Zimmer, 2011:15). Practically, scholars use waterscape to focus on concern of political ecology such as ‘who controls, who acts, and who has power.’ The waterscape foregrounds the dialectics of capitalist development and the production of unequal socionature. In many reformation cases of water sector in the global south (privatization and commodification), the changing of access and control of water is not only has a meaning to technical things, but also to political things (politicized environment), because it is related to the regulation and right (Karpouzoglou and Sumit,2017:3). Meanwhile, Diana Rivers (2013: 3) defines waterscape as a constructed landscape that continuously changes and transforms by sustaining a complex assembly of institutional frameworks, discursive practices, technical choices and struggle over meanings that usually surpass a fixed scale. Through the lens of the waterscape, it is possible to avoid the limitations of thinking about water in purely biophysical terms and as a static object that is subject to human manipulation. In her research on urban areas in Medellin, she further argued that while flowing through the waterscape, water is not considered anymore to be a passive and politically neutral object lacking agency. Rather, water becomes productively framed as socio-nature, which both shapes and becomes shaped by the uneven power relations inherent in the process of urbanization. In many cases, the concept of waterscape is often juxtaposed with other concepts, such as the hydrosocial cycle. Although considered somewhat different, the two concepts have the same root of political ecology. The hydrosocial cycle is often regarded as a critique or antithesis to the established hydrological concept in

geography, which is considered as apolitical and asocial (Linton, 2011). If the hydrological cycle is more visible to the physical water cycle (from evaporation to rainfall and absorbed back to the soil), the concept of the hydrosocial cycle is much more concerned with the cyclicity of water as it travels through the social and water domains. Therefore, in the hydrosocial cycle, the water cycle is not only physically seen through a number of natural processes, but also through several social, political, and economic process. How water is redistributed to drinking water, irrigation water, and for other purposes, is a social, economic, and political process, requiring various laws, policies and social institutions. The following description from Bakker (2002: 74), will also illustrates the hydrosocial cycle:

“ Whereas H2O circulates through the hydrologic cycle, water as a resource circulates through the hydrosocial cycle – a complex network of pipes, water law, meters, quality standards, garden hoses, consumers, leaking taps, as well as rainfall, evaporation, and runoff...[W]ater is simultaneously a physical flow (the circulation of H2O) and a socially and discursively mediated thing implicated in that flow...” (Bakker, 2002:774).

The inseparability between the physical and non-physical (social, political, economic) aspects of a water cycle can occur in all the characteristics of space, both in urban areas or in rural areas. Both include piped/tap water in urban area or irrigation water in rural area. According to Linton who is still within the framework of Castree's thoughts above, in the hydrosocial cycle, things like water,

society and social power retain their positive identities but are understood to be relative internally, whereby they are neither considered as already-existing entities, nor ones that can maintain independent identities following interaction with each other. The characteristics of the internal relationship are exemplified by Linton as follows:

A public drinking fountain, he argues, sustains water as a public good, while simultaneously producing a kind of public/citizenship – or ‘body public’ – in which all members of society have equal access to its water. The fountain, the provision of drinking water, free access and the public itself are sustained by the vested interests of fountain-users in maintaining this service. The diversion of this cycle through a commercial bottled-water vending machine, however, has the effect of producing a different kind of access, with the corollary of producing individual consumers rather than a body public, and producing water as a commodity, rather than as a public good. This example illustrates how different kinds of waters are realized in different hydrosocial assemblages; in one such assemblage, water is constituted as a public good, while in another, it is constituted as a commodity.

(Linton in Linton, 2014:175)

An example from Linton above tries to illustrate how the phenomenon of fountain water and bottled water will produce different sets and forms of hydrosocial. In this case, the existence of

bottled drinking water becomes a more commodified good, and water fountain is a more public good. Meanwhile, the relationship between waterscape and hydrosocial cycles could be described as waterscapes are a reflection of the multiple outcomes of a hydrosocial cycle (Irvine, KN et al, 2016: 2). It can be said in this case that the hydrosocial cycle in a particular region will affect the waterscape contestation in such region as well. In the context of this research, the water that flows and comes from upstream (various springs) in the upper Klaten district has a social, political, and economic dimension. The flowing water, as a kind of common-pool resources, has been exploited by various interests ranging from the daily needs of local people, local tourism, to the extraction of bottled water with foreign investment. In its journey, the use of water with its various interests (mainly an economic commodification), has led to conflict among its users. Actors such as private and state are often faced with downstream farmers who have problems of lacking water supply for irrigation, particularly, in dry seasons. Also, to expand their market expansions, local drinking water companies also often have clashing interests with downstream communities, as they contribute to the lack of availability of irrigated downstream farmers as well. Such a hydrosocial cycle forms the configuration of waterscape in the Klaten region. Several actors can access water (springs) freely, while on the other hand there are other actors (in this case farmers especially in the downstream areas) who lack water for irrigation,especially in the dry season, even though we know that Klaten is a region with an abundance of water. Apart from that, research on waterscape has been considered to focus more on urban than rural areas (Acharya, 2015: 378). In

this sense, this research which was done in a rural area of Klaten would be interesting.

2.4. Water Governance The term governance is found in many studies of social sciences (politics, economics, international relations, state administration, sociology,etc.) in recent times. There are various definitions of governance, and each of definitions has a connection to the background of their different political traditions. The concept of governance in many kinds of literature is broadly said as the continuation and development of government concepts that is considered to have been out of date. If government only focuses on one authority (i.e. state authority), in the context of governance, the authority begins to spread, not only the state, but also civil society, the private sector, and others (Pahl-Wostl, 2008:423). In the context of human geography in general, the concept of governance explicitly focuses attention on the relations between different actors, and on their coordination – and crucially from this perspective draws attention to the complex geographies now involved in the act of governing any particular area. The governing of any particular space – whether a city, a region, or a rural area – is now a complex, differentiated and multiscaled process, involving a range of different actors and agencies (Goodwin, 2009: 594). Meanwhile, in a nearly identical but more specific definition, concept of ‘governance’ - has emerged in recent decades - to address questions of economic and political coordination, and refers to the ways that institutional stability – rules, social order, rights, norms, etc. – is achieved in society (Bridge & Perreault, 2009). This definition tries to put more emphasis on institutions and structures compared to the more general definition above. Almost in line with

the definition of Bridge & Perreault above, Karren Bakker (2010:44) defines governance somewhat broadly as “a process of decision making that is structured by institutions (laws, rules, norms, and customs) and shaped by ideological preferences.” Karen Bakker's definition seems to underline that the structural aspects and aspects of ideology preference will greatly affect the governance process. The concept of governance has several variants. Specifically, in the context of its relationship with the environment and natural resources, there is a concept of environmental governance. It has been deployed in a variety of theoretical perspectives and academic disciplines to examine the institutional diversification of environmental and resource management as an aspect of political- economic restructuring under neoliberal capitalism – a process commonly referred to as the shift from ‘government to governance’, or toward ‘glocalization’ (Swyngedouw as cited by Perreault, 2014:236). Based on Bakker and Perreault’s ideas on neoliberal capitalism and ideological contexts above, it can be said that the concept of governance is never neutral; its practice could not be separated from the ideological and political contexts. In this context, one form of environmental governance is water governance. When we talk about water governance, there are also various definitions that are inseparable from the political aspect. According to Hall (2005:111), water governance deals with the broad political and administrative systems by which authority is exercised. Similarly, a more popular definition according to Global Water Partnership, water governance refers to the range of political, social, economic and administrative systems that are in place to develop and manage water resources, and the delivery of water services, at different levels of society

If the concept of governance is about the allocation and regulation of resources and is thus intensely political, and more inclusive than government per se, embracing the relationship between a society and its government, the concept of water governance is related to government policies and actions related to water, encompassing laws, regulations and institutions. It is also related to networks of influence, including international market forces, the private sector, and civil society. It also embraces both the formal and the informal institutions by which authority is exercised. All of these are affected by the political systems within which they function: national sovereignty, social values or political ideology may all have a strong impact on attempts to change governance arrangements related to the water sector (Hall, 2005:112). The emergence of governance concerning water can be associated with three structural shifts in the water sector over the last two decades. First, the increasing criticism during the 1980s on water management which was organized on a sectoral basis. It was replaced with the perspective that water was a holistic resource that requires integrated and cross-sectoral administration. Second, the management of water resources by political- administrative boundaries was deemed to be ineffective because water resources that were physically connected were subjected to different forms of use, management, and regulation, again with minimal coordination across jurisdictions. It gave rise to the consensus that the watershed is the most appropriate unit of water management and governance (Molle, 2009 and Moss and Newig, 2010 as cited by Budds an Hinojosa:2012). In turn, it was deemed preferable for local water management to be undertaken by

committees of water users within a watershed, rather than by state agencies on political-administrative jurisdictions. Third, the water sector has been characterized by an increased participation of the private sector in the provision of water services and the management of water resources (Bakker, 2003a 2003b; Budds, 2004; Budds and McGranahan, 2003 as cited by Budds and Hinojosa:2012). The participation of private sector has implied an organizational shift in the form and scale of water governance, through processes such as commercialization and decentralization, and the granting of private water concessions and water rights. It has also entailed a discursive transformation, as processes of privatization depend on water being redefined from a public good to a commodity (Bakker, 2003a and Kaika, 2003 as cited by Budds & Hinojosa, 2012:121-122). This fact shows that the shifting of socio-scientific discourse from government to governance has been increasing in the last two decades. As Pahl-Wostl (2008: 423) points out, the main point of change from government to governance is the shifting of actors who have been dominated only by the government, to become more diverse. The emergence of other actors who are not only state (state actors) in water governance, also occurs in Indonesia, and especially in the Klaten Regency. The private sector and civil society become another influential actor in water governance. The presence of the private sector in water management has also been underway after the reform period (post-1998). The privatization process of public drinking water in Jakarta, which was from PDAM to foreign companies (Thames Water and Lyonnaise) in 1998 is one form of strengthening the role of the private sector in water management. At the same time, with the emergence of several foreign companies in the bottled water

industry in Indonesia (including in Klaten Regency), it also became a form of strengthening the private sector in water management in Indonesia. The emergence of private sector in Indonesia has also led to the discourse debate about the shifting of water from commons to a private item that can be commodified or commercialized. The debate is also reflected in the revocation of the Water Resources Law no. 7/2004 which is considered more liberal and profitable in the privatization process. The case of conflicts over the use of water resources in Klaten Regency can be said to be one form of water governance that reflects the unequal power relations among various actors. Private actors can be said to be dominant and supported by the state, while small communities that are represented by small farmers are in a more powerless position when they do not experience water shortages for their irrigation supply. Based on the description of the theoretical framework above, the theoretical framework can be briefly summarized and depicted in the chart below:

Waterscape & Hydrosocial Cycle

POLITICAL ECOLOGY

Commodificat Water ion Governance

Figure 2.3. Theoretical Framework. (Own Elaboration, 2017)

The illustration above attempts to depict the relationships between concepts used in the theoretical framework in this study. Political ecology became the foundation and core of the overall concepts used in this study. The waterscape concept, which specifically focuses on the exploration of the relationship between water, social and political dimensions, is a relatively new development in the study of political ecology as noted above and is the main focus of this research. Meanwhile, the concept of commodification and water governance are concepts related to the political ecology of water.

The process of water commodification itself raises various consequences such as the occurrence of conflict between actors of water user because water changes from public goods to be commodified into economic goods for various purposes. The process (both commodification and conflict) will ultimately be closely related to the concept of water governance, where rules and regulations on water will experience changes or dynamics to adjust to existing needs.

The figure above also shows that waterscape and hydrosocial cycle is the main concept used to analyze the existing data in this research, while the concept of commodification and water governance is the supporting concepts.

2.5. Summary

This chapter explore the approach of political ecology, especially about water, through several concepts such as waterscape, hydrosocial, and water governance. Both the approach of political ecology and the concepts have roots in geographic thinking, especially on nature. The debate about nature is a long debate in geography, but some contemporary developments have shown that the dichotomy between nature and society is the product of modern thought/rationality, which in its journey has dialectically generated new thinking which has tried to go beyond that dichotomy at the moment.

The approach of nature denaturalization and post/after nature in this context influences many political ecology approaches in general, as well as concepts, such as waterscape and hydrosocial cycles. Through this approach, waterscape and hydrosocial cycles view water as a hybrid socio-nature phenomenon, and in it revealed the unbalanced power relationship in the context of access and redistribution. The emergence of various actors in water governance, such as the private sector, has become a new phenomenon in the last few decades, whose role has strengthened and has often led to conflicts with other actors, both state and grassroots.

CHAPTER 3

RESEARCH METHOD

Research methods in geography, especially human geography, have evolved over time. As described by Winchester and Rofe in Iain Hay (2010: 19), that the transformation of the development of research methods in human geography, in particular, occurred since the 1980s, along with the development of paradigm in social science in particular. At that time there was a shift from the paradigm of classical geography and spatial science dominance to the emergence of new paradigms such as critical social science, radical feminist, phenomenological, up to postmodern and postcolonial. That time also changes the characteristics of research methods in human geography from a more dominant method of quantitative to become more qualitative. The development of methods and social sciences are also increasingly leading to the cross-discipline, making human geography intertwined and build dialogue with various other scientific approaches. One of the approaches in relation with human geography is the political ecology that forms the framework of this research (see Chapter 2). In political ecological approach, there are variations of the method as proposed by Ammy Doolitle in Bryant (2015). Broadly speaking, methods in the political ecology approach are distinguished in three ways: qualitative, quantitative, and participatory. This study will use qualitative approach more to answer the research questions. In particular, according to Doolitle a qualitative approach in political ecology has the following sense:

“Qualitative methods help explore social and political processes influencing environmental change. Research seeks to understand the perspectives of people closely tied to the landscape or other natural resources while addressing ‘why’ questions. They accommodate multiple realities and produce context-dependent findings (Doolittle,2015:520).

As Doolittle points out above, qualitative methods will help explore the social and political processes that affect environmental change. In the context of this research the phenomenon of changing water availability (the issue of irrigation water shortage amid the abundance of springs in Klaten) will be explored by linking it with the social and political aspects that influence it, such as how water management policy has been running and changing, at the micro or macro level, how water has been commodified as a specific economic item, how local communities strategize with the changing situation, and so on.

3.1.Data Collection Method 3.1.1.Secondary Data This research begins with literature studies of various articles, books, research reports, and statistical data on water issues and water resources policies in national context (Indonesia) and the global. The secondary data is also used to find out the description of the history and dynamics of the water policy and the growing discourse on water as public or private goodsgenerally in Indonesia and in Klaten Regency particularly. In addition, literature reviews supporting theoretical frameworks such as literature on political ecology, waterscape, hydrosocial, and water governance are also part of secondary data collection.

Based on existing research articles and reports related to the topic of water conflict in the Klaten region, the focus sites were selected. Water conflicts occur covers the Watershed Pusur area. The two subdistricts chosen as the focus of research are Polanharjo and Juwiring. Polanharjo Sub-district is chosen because it represents upstream areas where many springs are located, while Juwiring Sub- district is chosen as a representation of the downstream area, where there is a lot of irrigation water shortage cases.

3.1.2.Primary Data 3.1.2.1.Interview Referring to Longhurst, semi-structured interviews and focus groups are useful for investigating complex behaviors, opinions and emotions and for collecting a diversity of experiences. These methods do not offer researchers a route to ‘the truth’ but they do offer a route to partial insights into what people do and think. (Longhurst in Clifford, 2010:112).Just as the philosophy underlying qualitative research is that researchers do not seek "the truth" which is usually singular and objective, but rather seek the diverse subjective views of the people we examine, so the truth is not singular and static. Sampling technique in this research is purposive. As Bloor and Wood (2006: 154) says, purposive sampling typically involves the selection of cases which are of particular interest to the study in that they confirm or contrast emergent theory thereby making the theory more definitive and useful. Those selected to be informants are actors who are considered to know, experience, or engage in the use of water resources (irrigation, tap water (PDAM/Local Water Supply Company), and bottled water), especially in Polanharjo and Juwiring Sub- districts. In addition to the actors located in the two districts, the interview was also conducted with the local government officials of

Klaten Regency and officials of Local Water Supply Company (PDAM) in Klaten. Semi-structural interviews were conducted on about 41 informants from various water user actors in Pusur Watershed (focus on two subdistricts). Those interviewed were farmers both upstream and downstream, Perkumpulan Petani Pemakai Air (P3A)/ Farmer Water User Association, government officials, Local Water Supply Company (PDAM) of Klaten, bottled water company (PT.Tirta Investama), as well as local NGOs/CBO who advocate on farmers and those who work with corporations for Corporate Social Responsibility (CSR) programs. In addition, interviews were also conducted with experts considered fluent in the condition of the springs in Klaten Regency, and especially in the Pusur Watershed. Those interviewed were academics and experts who were thought to know about this research topic. We can classify the various actors interviewed into five categories: government, farmers and villagers, corporations, NGOs, and experts/academics as observers. In detail those interviewed can be seen in the table II.2:

Table 3.1 Informants List

No Category Informant Position/Function 1 Government SH Economic Division of Regional Secretary of Klaten Regency /Bagian Perekonomian SETDA Klaten 2 HJ Chief of Water Resources Management Division of Klaten/Dinas Pengelolaan Sumber Daya Air (PSDA) Klaten 3 MA Officer in Regional Environment Agency/BadanLingkunganHidup (BLH) Klaten 4 BB Officer in Water Resources Management Division in Delanggu Sub-district 5 SG Vice Director of Local Water Supply Company/Perusahaan Daerah Air Minum (PDAM) Klaten 6 PT Staff of Local Water Supply Company/ Perusahaan Daerah Air Minum (PDAM) Klaten 7 Villager/ MT Coordinator of Farmer Water Farmer User Association/Perkumpulan Petani Pemakai Air (P3A) in Juwiring Sub-district 8 AS Farmer in Polanharjo Sub- district 9 SS Farmer and Officer in Kwarasan Village Office,Juwiring Sub- district 10 MT Farmer and a Former Water Officer in Karangdowo Sub- district 11 SM Farmer in Karangdowo Sub- district 12 JK Farmer in Polanharjo Sub- district 13 BI Villager & Teacher in Ceper Sub-district 14 ML Farmer in Gondangsari

Village,Juwiring Sub-district 15 ST Farmer in Knaiban Village, Juwiring Sub-district 16 DR Farmer in Serenan Village,Juwiring Sub-district 17 STT Farmer in Ceper Sub-district 18 SRY Farmer in Karanglo Village, Polanharjo Sub-district 19 WD Farmer in Trucuk Sub-district 20 WG Farmer in Wangen Village, Polanharjo Sub-district 21 DM Head of Village of Daleman, Tulung Sub-district 22 MYD Head of Village of Wangen, Polanharjo Su-bdistrict 23 SL Farmer in Kwarasan Village, Juwiring Sub-district 24 NN Farmer in Juwiring Sub-district 25 NNM Farmer in Juwiring Sub-district 26 JN Head of Village of Ponggok, Polanharjo Sub-district 27 HS Head of Village of Sidowayah, Polanharjo Sub-district 28 SG Farmer in Ceper Sub-district 29 SK Bolopleret, Juwiring Sub-district 30 AH Farmer in Bulurejo Village, Juwiring Sub-district 31 WD Farmer in Knaiban Village, Juwiring Sub-district 32 TK Farmer in Tanjung Village, Juwiring Sub-district 33 JM Farmer in Daleman Village , Juwiring Sub-district 34 Corporation ND PT.Tirta Investama Danone Klaten 35 MAZ PT.Tirta Investama Danone Klaten 36 NGO and CBO TT Coordinator of Gita Pertiwi (local NGO on Environment Protection, based in Surakarta) 37 RH Staff of LPTP (Local NGO on Rural Development and Technology, based in Surakarta)

38 EK Staff of LPTP (Local NGO on Rural Development and Technology, based in Surakarta) 39 WN Coordinator of Farmer’s Communication and Information Forum/ Forum Komunikasi dan Informasi Petani (FKIP) Klaten 40 Expert ET Geologist, Researcher and Faculty Member at Faculty of Mineral Technology, UPN Yogyakarta 41 TS Social Researcher/ Consultant, Member of Team of Water Resources Management Coordination Bengawan Solo River/ TKPSDA Wilayah Sungai Bengawan Solo

3.1.2.2. Observation In addition to interviews, field observations were also conducted. The observation was conducted by observing the activities of farmers in rice fields, especially in downstream area and comparing the situation between the rainy season and the dry season. In addition to observing the condition of irrigation weirs and irrigation channels in the Pusur Watershed, especially in the downstream areas, activities in the area around the spring, both around Umbul Ingas (Ingas waterspring) and Umbul Sigedang (Sigedang waterspring) in Polanharjo Sub-district were also observed.

3.1.2.3. Focus Group Discussion Meanwhile Focus Group Discussion is intended to collect the data, especially among the farmers in the downstream areas experiencing shortage of irrigation water during the third growing season (dry seasons). Some questions discussed are: How has the environment around them changed over the last ten years, how do

farmers feel and experience the impacts of the irrigation supply drought, and how well they have been doing by far amidst the situation. Focus Group Discussion was conducted at the house of Farmer Water User Association / P3A coordinator in Juwiring Sub-district and followed by several farmers as member of the association. The researcher acted as a moderator and was assisted by a researcher assistant who recorded and took note of the discussion process. The language used is varied between Javanese and Bahasa Indonesia. As Longhurst says above, semi-structured interviews and FGD are conducted not in order to find the truth but can serve as one part to gain understanding of what people think and do. In the context of this research, the method will greatly help to understand the dynamics of contestation of the use of water resources in Klaten Regency which involves many actors. Technically, field research is conducted through several stages. The first phase was conducted in May-September 2014, the second phase was conducted in April-July 2015, and the last phase was conducted in April-July 2017. In the first phase, the author conducted more observations, collected secondary data and tried to map the water user actors in the Klaten Regency. In the second stage, the authors conducted interviews and observations with previously mapped actors, such as farmers, corporations, government, and NGOs. And in the third stage, the authors conducted interviews with several actors as well as focus group discussions with farmers who are primarily located in the downstream area.

3.2. Research Questions and Data Collection Method Meanwhile, to identify the history and dynamics of water resources management policy in Indonesia and how the discourse on water as private and public goods flourish in Indonesia, literature data is the main focus of the section. The second question—how is the process of commodification of water in Klaten—is answered through interview and secondary data from literature and media. As for the third objective of research, authors conducted interviews with government, company, small farmers, and non-government organizations (NGOs) and focus group discussions on farmers in the downstream area. Finally, the last objective was met through interview and focus group discussion conducted with actors of water conflict in Klaten. In summary, some of the sub-research questions will be answered by the data collection method as follows: the details of the data collection methods as illustrated in Table 3.2:

Table.3.2 The Data Collection Method

Sub research question Collecting data method How is the history and Literature review and dynamics of water secondary data resources management analysis policies in Indonesia? How does the process of Interview and Main Research water commodification secondary data Question: (especially through analysis bottled water companies) How do the occur in Klaten? conflict and Who are the actors Interview and Focus commodification of involved and what kind of Group Discussion water occur in power relations that occur (FGD) Klaten? in the water conflict in Klaten? What are the perceptions Interview and Focus and expectations of the Group Discussion actors regarding the new Water Resources Law that is still in the process of being published?

3.3.Data Analysis

The classical and main principle to analyze qualitative data probably comes from Miles and Huberman’s idea (1994:10-12). They suggest that there should be three concurrent flows of action to analyse qualitative data:

1. Data reduction

2. Data display

3. Conclusion drawing/verification.

These three steps that are often referred to as flowchart of interactive models of to analyze qualitative data will also be the main principle of this research. However, in this study the process is specifically combined with thematic analysis. The technique of data analysis is done by thematic analysis. According to Grbich (2007: 16), thematic analysis is 'a process of segmentation, categorisation and relinking of the aspects of the data prior to final interpretation'. These three processes are a step that must be taken and very helpful for final interpretation. Various qualitative data available (either in the form of words, stories or explanations from informants) is arranged in such a way that allows us / to enabling us to: a. Describe the data b. Get to the meaning of the data for the person who produced it; c. Explore the data for meanings; d. Look for relationships between different parts of the data; e. Explain (tentatively) the similarities and differences and the apparent relationships. (Matthew&Ross,2010:373)

In other word, it can be explained that thematic analysis is a process, a way of working with data which works from the raw data (the raw verbal or visual data we have gathered), and remains in touch with that raw data throughout. This is an important characteristic of ways of working with qualitative data as, although the data must be interpreted, summarised and categorised, we must remain ‘in touch’ or ‘grounded’ in the raw data. In this case, analytical techniques must enable us to return to the raw data at times throughout the process, to check our interpretations, to look at the data in different ways and to begin to make links between different pieces of data within each case (Matthew & Ross, 2010:374).

CHAPTER 4

DESCRIPTION OF RESEARCH AREA

4.1. Some Historical Aspect of Klaten Regency 4.1.1. Vorstenlanden: Klaten in the Colonial Period Historically, Klaten was part of an area in Dutch called Vorstenlanden in the 18-19th century. The territory of vorstenlanden means territory of the Javanese royal territory, which in this context is the Kasunanan, known as the Mataram Islamic Kingdom that existed in about the 17th century through Giyanti agreement in 1755, it has divided its territory into Kasunanan (based in Surakarta) and Kasultanan (based in Yogyakarta). Kasunanan region itself includes areas such as Boyolali, Klaten, Karanganyar, and Sragen. Klaten became one of the areas of the clan. According to Larson (1990: 1-2), Vorstenlanden is part of the Dutch East Indies, and its government is divided into two residences, namely Surakarta Residency and Yogyakarta Residency. The residences have special, though somewhat ambiguous status because they consist of two nominal self-governing kings. This semi- autonomous kingdom is a peculiar by-product of the Dutch-Javanese relationship - the remnants of a process inherited from the once powerful Mataram Empire covering most of Java in the early 17th century.

Map 4.1. Vorstenlanden in 1921 (Source : Larson, 1990:xiii)

Surakarta Residency is divided into two areas of almost the same size, namely the kingdom or Kasunanan Surakarta, Susuhunan (Yang Disanjung), and Mangkunegaran, the territory of Prince Mangkunegoro (Ribaan Negara). These two rulers have palaces in the capital of Surakarta. The first controls approximately 4/5 of the Susuhunan territory, and the rest belongs to Mangkunegaran. The other residency, which is Yogyakarta Residency, is largely owned by the Sultan (Yogyakarta Sultanate), and only a small area in the southwest corner and a small enclave around his palace belongs to Prince Pakualam - known as Pakualaman (Vollenhoven 1921: 627 in Larson, 1990:1). Within the boundaries of the residency, there are also two enclave areas, Kotagede and Imogiri, owned by the Susuhunan, and Ngawen enclave, which belongs to the Mangkunegaran region. In 1903 the enclave was declared part of the administrative territory of the Sultanate, although in practice this area was under the command of Surakarta until 1957 (Selosoemardjan 1962: 7 in Larson, 1990:2). In

the Residency of Semarang (afdeling Grobogan), Susuhunan also has an enclave, Selo, which was abolished in 1902. Takashi Shiraishi (1997: 2-3) describes the territory and natural state of Surakarta Residency as consisting of Kasunanan and Mangkunegaran. The boundary of its territory is partly formed by Mount Lawu in the east and Mount Merapi and Merbabu in the west. In the middle of the residency, stretches the fertile Solo plain surrounded by the foot of Mount Merapi and Merbabu in the west and the foot of Mount Lawu in the east. To the south lined the row of limestone hills and Mount Sewu. Meanwhile, the north of this region is met with a series of mountains. Bengawan Solo flows through the Solo plain from the south to the north. On its way to East Java and the Java Sea, the river crosses the city of Surakarta and provides fertility for the land of Solo plain. Surakarta Residency area as part of Vorstenlanden covers an area of 6,215 km2 (Suhartono 1991: 23-24). In 1838 the population numbered 358,230 people, and in 1920 rose to 2,049,547 people. One of the areas which considered fertile and rich in water is Klaten. In addition to having a higher population density at the time, the area was also considered to have a favorable natural environment for expansion of plantation companies. Therefore, Klaten area has been an extension of sugar cane plantation since the 19th century. Historical data suggest that Klaten is the region with the most sugar factories compared to other areas in Surakarta Residency during the colonial period, as shown in Table 4.1.

Table 4.1 The Number of Sugar Factories in Surakarta Residency in 1920

No Regency Number of sugar factories 1 Klaten 11 2 Karanganyar 1 3 Boyolali 1 4 Sragen 2 5 Sukoharjo 1 6 Wonogiri 0 Source: Suhartono (1991,p.89)

These historical data indirectly show that since the colonial period, Klaten region has been considered a fertile and water-rich area, therefore most of the sugar factory in Surakarta Residency was situated there. In addition to sugarcane, another important crop in the area during the colonial period was tobacco. Sugarcane and tobacco became important cash crops in the region during the colonial period. In addition to sugar cane and tobacco, Klaten area (especially Ponggok and Delanggu areas), was one of the two largest rice producers in Surakarta's Colonial Residency (Suhartono 1991: 48). Ponggok and Delanggu districts, now sub-districts of Klaten, are still known today as water-rich and fertile areas and they become the districts where the bottled drinking water plant (PT. TI Danone Company) operates.

4.1.2. Bureaucracy In Vorstenlanden, the highest bureaucratic position was held by Sunan for Surakarta and Sultan for Yogyakarta. As the supreme ruler, the king is the leader for both government and religion. The group of princes and nobles is the group which is the closest to the king. Therefore, they were given tasks and administrative work as the royal military. They used to be rewarded by apanage land. In later times the bureaucrats were paid by money. The head of the royal administration is held by patih who has double positions both as a subordinate of Sunan or Sultan and as the intermediary governor and king. In a political sense, he is very close to the governor because he is also appointed by the governor. Under patih, there is a set of nayakas, the high-level bureaucrats that govern or supervise kawedanan or department. They are bupati and wedana who are in charge of the department. In both the clerical and the sultanate, there are eight nayaka who deal with different tasks. The government in Vorstenlanden consists of internal and external governments. The former is more centered on the palace or kuthanagara, while the latter is a government outside the palace whose task is more about overseeing the area of negaragung and abroad. Although it is outside the central government, the area is the main source of income as the kingdom earns from taxes, tributes, and donations. Under patih governance, there are four nayakas and each was led by two wedana. They are Jero's wadana (inside government) consisting of wedana keparak kiwo, wedana keparak tengen, wadana gedhongkiwo and wadana gedhongtengen and the other four wedanas who are outside the government. They are wadana bumi, wadana gedhe, wadana sewu, and wadana pengumping.

In 1847, the country's territorial supervision was carried out by the appointed five head districts who were stationed in five districts, which were Klaten, Boyolali, Sragen, Kartasura, and Ampel, which were all belong to the areas of Kasunanan. The other area, which is Mangkunegaran, was divided into three levels of kawedanan, namely Karanganyar, Wonogiri, and Malangjiwan (Suhartono, 1995: 50-51). After 1830, the Sultanate of Yogyakarta was divided into three regions namely Mataram, Kulon Progo, and Gunung Kidul, while Pakualaman area is located in the northwest of Yogyakarta. This area was divided into three districts namely Sleman, Kalasan, and Bantul and these districts established the Adikarto Regency. In 1903, it established Kulon Progo Regency which was based in Pengasih. Another lower bureaucrat was called kliwon who heads two thousand people. This position is a representative or substitute for higher office above it. Surakarta, for example, still has the position of wadana kliwon. Under it, other lower positions are panewu, mantri, lurah, bekel, and jajar. During this period, the ethical policy was adopted by the Dutch colonial government in the early 20th century in the Dutch East Indies with the ultimate aim of prospering the people. Several policies adopted by the colonial government were the improvement of irrigation, the promotion of health services, and the extension of education (Miftahudin, 2003: 51-52). The irrigation repair process in Klaten area is closely related to the colonial plantation area. Until now, the existence of irrigation paths in Klaten area cannot be separated from the historical reality.

4.1.3. After the Revolution/Independence The period leading up to and after the revolution of 1945 has been recorded as a turbulent period for Indonesia. The internal conflict between political leaders has created a series of conflicts in various regions, especially on ideology. The rebellion of the Communist Party of Indonesia (PKI) in 1948 in Madiun, East Java, the kidnapping of Prime Minister Syahrir, and the arrest of Tan Malaka’s followers are just a few examples of the conflicts (Suyatno 1978: 49). Various ideological conflicts have internally been a part of the post-independence process of the Republic of Indonesia. The dynamics and conflicts had emerged in new countries and governments of Indonesia. As a consequence, the appearance of various political parties as one of the instruments of the state becomes something logical. These similar impacts also existed in Klaten area. The dynamics of post-independence politics influenced the emergence of various streams of political ideology that is represented in the political parties. Politically, in the 1955 general election, there were three major political parties with the most votes in Klaten; the Communist Party of Indonesia (PKI), the Indonesian National Party (PNI) and the Council of Indonesian Muslim Associations (Masyumi). The three parties represented the ideologies that were strongly developing in the society, which were communist, nationalist, and Islamist. Communist flow began to develop in Klaten area along with the development of companies that employed many labourers (the various companies include sugar mills and sack companies in Delanggu sub-district). The second flow was the nationalist who had many supporters among civil servants, village punggawa, and educated people. The third one was the Masyumi Islam-based party which had the support of rural

communities as the population of Klaten Regency was predominantly Muslims (Padmo, 2000: 22-23). Between 1959 and 1964 (the period after independence and before the collapse of the Orde Lama/Old Order), social stratification in rural communities in Klaten region was classified into several layers. This social stratification is of course inextricably linked to the existing social structure of the past. The terms that existed in the past are still in use today. The highest layer is called kuli kenceng referring to someone who has a yard and rice field. Following kuli kenceng is kuli setengah kenceng which refers to someone who only has a yard. The next layer is kuli gundul which means someone who only owns rice field. Pengindung status refers to a person who has neither yard nor rice field. This patron builds his house on the grounds of another man's. In the beginning, pengindung was allowed to enjoy the result of the occupied yard which belongs to pengindung kuwoso. In return, pengindung kuwoso must pay some of the taxes that were born by the owner of the yard. The next lower status is pengindung templek which is a term for someone who builds a small building coupled with someone else's house. The lowest status is pengindung tlosor. This status refers to someone who lives in a family without carrying any household appliances. Pengindung tlosor usually works as a housemaid in a family. The social stratification of Klaten society prevailed, particularly between the 1950s and 1960s. While at present, social stratification has changed (Padmo, 2000:18-19).

Table 4.2. Socio-Economic Stratification of Klaten in 1960s

No Stratification Description 1 Kuli kenceng Someone who owns a plot of yard and rice field 2 Kuli setengah kenceng Someone who only owns a plot of yard 3 Kuli gundul Someone who owns a rice field 4 Pengindung kuwoso Pegindung, those who work in someone else’s yard used to have the right to benefit from whatever he grows there. 5 Pengindung tlosor A term to call someone who lives together in a family without bringing any household appliances. Source: adapted from Padmo (2000, p.18-19)

4.1.4. The Period of New Order and Reformation Stratification gradually begins to change. The classification of rural community members as coolies (kuli) began to be abandoned. Klaten government began to use a new title to determine the status of a farmer. Farmers are no longer classified into groups as coolies but they are classified into three groups which are landowner-farmer, farmer and farm labourers. The categorization has begun since the era of New Order until today. The status of landowners is reserved for people who once are considered as kuli kenceng and kuli gundul. The status of tenant farmers is used to call a landless farmer who lives as a

tenant, wereas the status of farm laborers is for landless farmers who work as a farm laborer. Essentially, the new classification distinguishes the actual status of farmers more clearly compared to the old classification which gives less actual status on the farmer’s daily life (Padmo, 2000: 20).

4.2. Actual/Recent Condition of Klaten Regency 4.2.1. Geographic Condition Klaten is one of the regencies in Central Java Province, Indonesia. Geographically, it lies between 7˚32'19'' up to 48'33" south latitude and 110˚26'14'' up to 110˚47'51" east longitude. In the north is Boyolali Regency while in the west are the Special Region of Yogyakarta and Sukoharjo Regency. Viewed from the sea level, 3.72% of Klaten Regency is located between 0-100 meters above the sea level, 83.52% is located between an altitude of 100-500 meters, and 12.76% is located at an altitude of 500-2500 meters above the sea level. Topographically, Klaten Regency is located between Mount Merapi and Sewu Mountains which divides Klaten into four regions: 1. Areas with an altitude of <100 meters above sea level, covering 3.72% of the territory, including the sub-districts of Juwiring, Karangdowo and Cawas. 2. Areas with an altitude of 100-200 meters above sea level, covering most of Klaten (83.52%), including Prambanan, Jogonalan, Gantiwarno, Wedi, Bayat, Cawas (west), Trucuk, Kalikotes, Klaten Selatan, Klaten Tengah (centre), Klaten Utara, Kebonarum (south), Ngawen (south and east), Ceper, Pedan, Karanganom (east), Polanharjo (east), Delanggu, Juwiring (west), and Wonosari (west);

3. Areas with an altitude of 200-400 meters above sea level, including District Manisrenggo, Jogonalan (north), Karangnongko, Kebonarum (north), Ngawen (north), Jatinom, Karanganom (west), Tulung and Polanharjo (west) 4. Areas with an altitude of 400-1000 meters above sea level, including Kemalang District, most of Manisrenggo, a small part of Jatinom, and a small part of Tulung. (Saputra, Hidayat, 2014: 51-52).

The state of nature is mostly lowland supported by many water resources. In addition to its specialism as producer of limestone, sandstone, and sand from Mount Merapi, the Regency is a potential agricultural area. Klaten Regency is divided into three terrain units, which are: 1. The west covering a small part of the northern sub-districts, which are Manisrenggo, Kemalang, Karangnongko, Jatinom, and Tulung, is a plain located on the slopes of Mount Merapi. 2. The centre covering the sub-district in Klaten is a lowland stretch. 3. The east and south covering part of Bayat, Cawas, and Gantiwarno sub-districts are limestone plains.

(Saputra, Hidayat, 2014, 37-38)

4.2.2. Precipitation As an area situated in tropical climates, rainfall in Klaten region is high. In general Klaten Regency, especially the Pusur River Basin, has a monsoon or rainfall type with an annual chart shaped like the letter V. Rainfall in Klaten Regency during 2015 was recorded at 1682 mm. The highest rainfall occurred in March and the lowest in August,

September, and October. The pattern of average rainfall in one year as in the monsoon type is illustrated in the following figure:

January February March April May June July August September October November December

438

312 275 235 201 136 67 16 2 0 0 0

Month

Figure4.1 Rainfall in Klaten (mm) (Source: BPS Klaten, 2016)

It can be seen in the graph that February and March were recorded as having the highest rainfall, while the months of August- September were the driest months with the lowest rainfall. The monsoon type rainfall pattern is an average pattern that always occurs every year. However, the average data are sometimes not applicable with the presence of weather anomalies at certain times caused by the phenomenon of El Nino and La Nina. Table 4.3 is an overview of the amount of rainfall in Klaten from 2013-2015.

Table 4.3 Average Annual Rainfall in Klaten (mm) No Year Amount of rainfall 1 2013 1862 2 2014 1712 3 2015 1682 Source: Water Resource Division of Klaten (2016)

The amount of rainfall will greatly affect the availability of irrigation water in Klaten Regency, because some of the water that descends from the sky, will flow into the river and flow into agricultural irrigation channels as well. The need for adequate irrigation water will also greatly determine the productivity of agricultural activities.

4.2.3. Land Use In general, the soil in Klaten is divided into five classifications: 1. Lithosol which is based on Crystal skin sediments consisting of rocks located in the vicinity of Bayat sub-district. 2. Gray regosol which refers to dust based on sediments and middle mountains of sand is located in several sub-districts such as Cawas, Trucuk, Klaten Tengah, Kalikotes, Kebonarum, Klaten Selatan, Karangnongko, Juwiring, Delanggu, Polanharjo, Karanganom, Tulung, and Jatinom. 3. Old gray grumusol which consists of dust sediments and medium volcanic sand, which is located in the Bayat and Cawas sub-district in the south.

4. Gray and grayish regosol complex (parent material chipped in limestone marl). This type of land is located in the centre of Klaten city and Kalikotes sub-district in the south. 5. Grayish brown regosol. The parent material is in the form of intermediary volcanic ash and sand located in sub-districts of Kemalang, Manisrenggo, Prambanan, Jogonalan, Gantiwarno, and Wedi. (PPSP, 2011: 3)

The total land area of Klaten Regency is 65,556 Ha. Based on statistical data in 2017, the land area consists of agricultural land covering an area of 39,602 hectares, and non-agricultural land covering an area of 25,954 hectares. The detailed area of land use in Klaten is illustrated in Table 4.4.

Tabel 4.4 Land Use in Klaten (Ha)

No Type of Land Name Area 1 Agriculture Land Wetland 33.021 Non-wetland 6.581 2 Non-Agriculture Housing & Building 20.317 Land State Forest 1.450 Swamp 190 Others 3.907 Source: BPS Klaten (2018)

Although the largest percentage of land use is for agriculture, however, the area of agricultural land decreases from year to year,

whereas the extent of non-agricultural land increases in size from time to time. The higher conversion of agricultural land to non-agriculture will be explained further in the following sections.

4.2.3.1. Agricultural Land Klaten Regency has long been considered to be one of the rice producers in the Central Java Province. The sufficiency and richness of water resources make it one of the most fertile and easiest areas for growing various types of food crops. Due to the active volcanic history of Mount Merapi, volcanic ash makes Central Java (including Klaten Regency) a highly fertile agricultural land. Visually we can see the land use in Klaten Regency in the following map (Map 4.2).

Map 4.2 Land Use in Klaten (Source: Rupa Bumi Indonesia, editor: Sukmawijaya and Trinugraha, 2018)

From the map above we can see at a glance that farmland is the largest area. As stated above, Klaten Regency covers an area of 65,556 hectares and it consists of 39.602 hectares of farmland and 25.954 hectares of non-agricultural land area. Farms cover 33.021 hectares of rice field and 6.581 hectares of non-rice fields (gardens and moor). The area of agricultural land continues to decline over time into a non- agricultural land. With a percentage of 60%, the farmland is subdivided into various types, namely rice field, drylands/garden, water pond, and others. At 86%, wetland area is dominant compared to other type of agricultural land. Further description can be seen in Figure 4.2.

227 6,354

33,021

Ricefield Dry Land/Garden Waterpond

Figure 4.2 Agriculture Land in Klaten (in Ha) (Source: BPS Klaten, 2017)

The rice fields in Klaten district are planted in three planting seasons which are in November-February (The First Planting Season), March – June (The Second Planting Season), and July-October (The Third Planting Season). The November-February is the beginning of

rainy season, March-June is the end of rainy season, and July-October is the dry season. Paddy production in Klaten Regency in 2014 was 359,474 tons and in 2016 increased to 425,181 tons. In addition to rice production, other food crops in Klaten are maize, soybeans, peanuts, and others. Klaten Regency also develops horticulture and plantation crops. Horticultural crops include vegetables and fruits such as carrots, cantaloupe, oranges, and others, while plantation crops include coffee, tobacco, cloves, and others. Chopped tobacco plants are developed in several sub-districts such as the Manisrenggo, Kemalang, and Gantiwarno districts. Other plantation crops are kapok, arabica and robusta coffee, cloves, and others. The area of land and crops of some food crops, especially in Klaten district can be seen in Table 4.5.

Tabel 4.5 Agricultural products of several food crops in Klaten

No Food crops Harvested Area Production (ha) (Ton) 1 Wetland paddy 66.472 425.181 2 Dryland paddy 74 441 3 Maize 11.044 94.003 4 Soybean 2.719 6.026 5 Peanuts 1.851 3.035 6 Mungbeans 112 120 7 Cassava 887 27.809 8 Sweet Potato 31 355 Source: BPS Klaten (2017)

The table above shows that besides paddy and moor rice, maize also has a high harvested area and the second most important food crop in Klaten. The largest harvested area of maize production is in Tulung and Jatinom sub-districts. Soybean, peanuts, mungbeans, cassava, and sweet potato are the other products of food crops that exist in several areas of Klaten.

4.2.3.1.1. Irrigation Paddy is one type of crop that requires a lot of water; probably it is the thirstiest crop. Water (from irrigation water and rainwater) is necessary for rice growth in two ways: to maintain soil moisture and – in wet irrigation – to maintain the standing layer of water over the paddy field (Selles, 2014:32-33). Therefore, the irrigation infrastructure becomes important and vital for rice crops. The history and policies on irrigation water in Indonesia will be discussed in Chapter IV, but a brief description on conditions of irrigation in Klaten Regency will be presented in the following sections. Rice fields in Klaten can be distinguished by the available type of irrigation. These types of irrigation are technical irrigation, semi- technical irrigation, simple irrigation, and rainfed. The irrigation area in Klaten has existed since the Dutch colonial era, especially made to provide the irrigation of sugarcane as a raw material for some sugar factories in Klaten. The largest irrigation source in Klaten comes from rivers (Pusur, Brambang, and Soka as the main rivers), springs, ground water, and rainwater. Pusur Watershed, which in particular has been the focus of the study, covers several sub-districts such as Tulung, Polanharjo, Delanggu, Juwiring, and Wonosari. The irrigation sources for this area

of watershed came from Pusur river, Cokro springs, Sigedang springs, and ground water. Figure 4.3 below shows the distribution of paddy fields/wetland based on the irrigation type. The largest percentage of rice field area is irrigated by technical irrigation (19,097 hectares), while semi-technical irrigation covers the total area of 10,430 hectares of rice field, and only about 2,028 hectares is irrigated using simple irrigation and 2,665 hectares is irrigated using rainfed (reservation).

1,665 2,028

Technical Irrigation Semi Technical Irrigation 10,380 Simple Irrigation 18,993 Reservation

Figure 4.3 Wetlands Based on Irrigation Types in Klaten (in Ha) (Source: BPS Klaten, 2017)

The definition of technical irrigation is the type of irrigation in which the whole building is generally built and provided by the government (dam, primary channel, secondary channel, and tertiary channel). The definition of semi-technical irrigation only includes dam buildings and the primary channel provided by the government, while the secondary and tertiary channels are managed independently by the

local community. The simple irrigation is the type of irrigation in which all buildings are built independently by the local community, and there is no accurate measure for the water coming in or out. The last type is rainfed irrigation/reservation, which is the type of irrigation that depends and relies on rainfall as its main source. Organizationally and institutionally, irrigation management in Klaten Regency involves three levels of management, which are central government, the provincial government, and regency government. Each level has its own responsibility of an irrigation area. Overall there are 495 irrigated areas (daerah irigasi) in Klaten Regency. These are under the following divisions of authority: two irrigation areas under the authority of the central government, five irrigation areas under the Central Java provincial government, and 488 irrigation areas under the Klaten Regency Administrators (Regional Regulation of Klaten Regency no. 11/2011).

Table 4.6 Number of Irrigation Area based on the responsibility of authority level in Klaten

No Authority Level Number of Irrigation Area 1 Central Government 2 2 Central Java Province 5 3 Klaten Regency 488 Source: Regional Regulation of Klaten Regency no. 11/2011

Irrigation areas managed by the national government and provincial governments typically have larger areas and are likely to be linked to other irrigated areas outside Klaten District. From Table 3.6,

we can see that the majority of irrigation areas in Klaten fall under the responsibility of the government of Klaten Regency.

4.2.3.2. Non-Agricultural Land Non-agricultural land includes housing/settlements (20.214 ha), state forests (1,459 ha), swamps (190 ha), and others (3,901 ha). Based on the statistical records, the area of agriculture has decreased over time. Land use has transformed from agriculture to non-agricultural. The land use that has changed from agricultural to non- agricultural over the past 30 years shows a significant depiction that slowly but surely the conversion of agricultural land to non-agriculture in Klaten Regency is increasing. It is as illustrated in Figure 4.3.

40,000

35,000

30,000 Wet Land 25,000

Housing & Building

20,000 Dry Land/Garden in Ha in Swamp 15,000 Forest Country 10,000 Others

5,000

0 1987 1997 2007 2017

Figure 4.4 Land Use Change in Klaten 1987-2017 (Source: BPS Klaten, 1987, 1997, 2007, 2017)

The decreasing number of agricultural land (especially rice fields) over the past 30 years in the area of Klaten Regency along with the increasing need for land conversion for housing and building are

shown in the graph. The need for housing and building is the second biggest need after agricultural land (wetland) in Klaten Regency. The shift of agricultural land to housing has become the greatest percentage in recent years. The situation is due to the needs for housing and the expanding of urban areas in Klaten. These phenomenon may also be experienced in general in various cities and urban areas in Java, which is the most populous island in Indonesia. Also, the unaffordable prices of land and housing in the neighbouring cities (such as Yogyakarta and Surakarta) encourage many people to choose other areas like Klaten, which has lower prices, to get their properties. This is one of the reasons why the conversion of agricultural land into housing occupies the highest percentage in Klaten Regency.

Figure 4.5. Land Use Change from Rice Field to Settlement in Klaten (Photo by Purnomo, 2018)

4.2.4. Administrative Region The Indonesian government consists of 34 provinces. The number of provinces has been increasing since the Reform era, where regional divisions in various regions of Indonesia have occurred. Each province has a governor as the head of province. There are regencies or

cities under the province, each of them is headed by a Bupati (the Regent) or Walikota (the Mayor as the head the regency/city). The regency or city consists of various sub-districts headed by a head of sub-district (camat). Under the sub-district, there is another local government called as kelurahan or desa (village). The village is headed by a head of village (lurah) who is directly elected by the community and located in a rural area. The head of kelurahan in an urban area is also called Lurah as well, but they are chosen by the head of sub-district/Camat, not by the community. Lurah in an urban area is a civil servant and gets a salary from the government, whereas lurah in rural area is not a civil servant and are paid mainly from a local village (through a tanah bengkok/ village cash). Below the village, there is still a dusun/dukuh (hamlet/sub-village) headed by Kepala Dusun/Head of Hamlet. Klaten Regency is one of the regencies in Central Java Province. Of the province’s total area (32 544.12 km2), the Regency has a percentage of 2.01% (658.22 km2). Administratively, Klaten Regency consists of 26 sub-districts, 401 villages, and 3,703 padukuhan (hamlet). There are ten villages from the total 401 villages that are located in urban areas. The difference between "village" in rural area and "kelurahan" in urban area has been explained above. Dukuh/dusun is an administrative unit under kelurahan, consisting of Rukun Tetangga (neighborhood) and Rukun Warga and headed by a Dukuh or Kepala Dusun (head of hamlet). Dusun as an administrative unit of the rural area probably only particularly exists in the provinces of Central Java and the Special Region of Yogyakarta. Village institutions are currently transformed by economic and political situation due to the new Village Law. Through Village Law no. 6/2014, villages are becoming more autonomous in managing their region’s potential. They get budget from the national government

which is called Dana Desa (Village Fund) regularly every year. This policy aims to make villages to become more prosperous, also as an attempt to accelerate the equitable distribution of development and economic equality between rural and urban areas. The largest sub-district is Kemalang with an area of 51.66 km2. This sub-district is located on the slopes and the foot of Mount Merapi or the northern end of Klaten Regency. The district with the smallest area is Central Klaten with an area of 8.92 km2. Together with South Klaten, North Klaten and Jatinom sub-districts, some villages in Kecamatan Klaten Tengah (Central Klaten sub-district are situated in the urban village. Visually we can see the administrative map of Klaten Regency below (Map 4.3). The orange marks on the map are the two sub- districts that are the focus of this research, namely Polanharjo and Juwiring sub-districts.

Map 4.3. Administrative and Research Area Map of Klaten Regency (Source: Rupa Bumi Indonesia (RBI), Editor: Sukmawijaya and Trinugraha, 2017)

4.2.5. Population The population of Klaten Regency in 2016 was 1,163,218 people. During 2015-2016, the population in Klaten Regency experienced an average growth of 0.38%. This figure is lower than than the population growth rate in the scope of Central Java Province which read an average of 0.37%.

4.2.5.1. Composition Based on gender, there are 570,898 male populations and 592,320 female populations in Klaten Regency, which means that the female population is higher than men. However, the trend has slightly changed for the last two decades. We can see from the number of males which is higher than the number of females for the age below 30 years old. The trend also occurs in both the provincial and national level. Currently, the population sex ratio at the national level is 101.0 (BPS Indonesia, 2015: 78), the Central Java Province is 98.39%, and the Klaten Regency is 96.38% (BPS Central Java Province, 2017). Based on the age group, there are 163,620 people that belong to the group of 65+. This number dominates the population of Klaten Regency. Similarly, the productive age population also shows a high number. This number is in line with the estimation of the demographic bonus in Indonesia that is expected to occur in the coming years. The composition of the population by age can be seen in Figure 4.4. We can see that the number of productive age population, especially 25-40 years is of high percentage, the same for people aged 65 years and above as well.

65+ 60-64 55-59 50-54 45-49 40-44 35-39 Female 30-34 Male 25-29 20-24 15-19 10-14 5-9 0-4

80000 60000 40000 20000 00 20000 40000 60000 80000

Figure 4.6. Population Pyramid of Klaten Regency (Source: BPS Klaten, 2017)

The size of the population with productive age (aged 15-64 years) compared to the unproductive age (less than 15 years and over 65 years) in Klaten Regency, is related to the demographic bonus predicted to occur in Indonesia between 2020-2030. The prediction about demographic bonus has become a hot issue in Indonesia; while some parties consider it as an opportunity for Indonesia's economic progress, some think that it can also be a disaster if it is not accompanied by preparations of various program and policy for human resource development.

4.2.5.2. Growth The population in Klaten Regency for the past 40 years has always increased even though it is not as drastic compared to other large cities in Java, such as Jakarta, Semarang or Surabaya. However, the growth per decade slows down when viewed in percentage terms. This is understandable because the implementation of the Family Planning Program (KB) since the New Order in the 1970s was considered successful in controlling the rate of population growth in Indonesia in general. The recorded percentage of population growth in Klaten Regency in 1970-1980 was 14%, while in 2000-2010 it was only 4%. The percentage of population growth in Klaten is lower than the percentage of population growth in Indonesia as a whole, because in 1970-1980 the percentage of population growth in Indonesia was 24%, whereas in 2000-2010 it was 15% (BPS Klaten 1971, 1980, 1990, 2000, 2010). The following is an overview of population changes in Klaten Regency from 1970-2010.

1400000

1200000

1000000

800000 Population 600000

400000

200000

0 1970 1980 1990 2000 2010

Figure 4.7. Population Growth in Klaten 1970-2010 (Source : BPS Klaten, 1971, 1981, 1991, 2001, 2011)

Recently, the prediction of the population growth rate of Klaten Regency in 2015-2016 is 0.38%. This figure is lower than Central Java Province, even lower than neighboring districts such as Boyolali Regency (0.58%) and Sukoharjo Regency (0.83%). This situation is probably because both Sukoharjo and Boyolali regencies are getting more direct impact from the development of Surakarta. The two regencies, which are directly adjacent to Surakarta City, seem to be the buffer zone in the development of Surakarta city, especially with Adisumarmo International Airport being located in Boyolali District and the rapid growth of new housing/settlement with various complementary facilities in Sukoharjo District. Automatically the situation generates new economic centers and ultimately invites more numbers of outsiders to come and stay in both districts. Besides that, compared to other neighbouring cities (such as Yogyakarta and Surakarta), there are only a few higher education institutions in Klaten. This situation causes many young people to continue their higher education outside (other cities), such as Yogyakarta and Surakarta, after graduating from secondary education (high school).

4.2.5.3. Density The population density in Klaten Regency in 2017 is 1774 per square kilometre. The highest is around the capital of Klaten including Klaten Utara (North Klaten), Klaten Tengah (Central Klaten), and Klaten Selatan (South Klaten) sub-districts of the city. This density is higher than the average population density in Central Java Province which reaches 1045.32 km/square. It can be said that Klaten District is one of the most densely populated districts in Central Java Province. The picture of the density is visually shown in Map 4.4.

Map 4.4.Population Density of Klaten (Source: Rupa Bumi Indonesia and BPS Klaten (2016); Editor: Sukmawijaya and Trinugraha (2017))

From the map above it can be seen that the region with the highest density is concentrated in urban areas, especially in the North Klaten, Central Klaten, and South Klaten sub-districts. Although the urban area of Klaten is smaller than other neighbouring cities, such as Yogyakarta or Surakarta, it is still the centre for government and various private offices, modern and traditional shopping centers, and also residential housing. Meanwhile, area with the lowest density is Kemalang District, located on the slopes of Mount Merapi and in the northern region of Klaten. Kemalang District is geographically situated in the higher area, which is part of the dangerous zone of Mount Merapi. The two sub-districts that are the focus of this study, namely Polanharjo and Juwiring, had relatively low densities. This is reasonable considering the two sub-districts are dominated with agricultural land. Meanwhile, the population density can also be said to be middle top, which, if viewed from the map, is located around the highway that passes Klaten Regency, which is the main route that connects Yogyakarta City and Surakarta City, such as the Prambanan, Wonosari, Jogonalan, Ceper, and Delanggu sub-districts. It can be concluded that the pattern of population density in Klaten district follows the development of infrastructure and public facilities that encourage the emergence of economic centers around it.

4.2.5.4. Employment The largest percentage of the population in Klaten Regency works in trade (27%), followed by processing industry/manufacture (26%), services (21%), agriculture (17%), and others (9%) (Sakernas and BPS Klaten, 2013). The trade and processing industry sector is the largest sector to absorb labour in Klaten District. Compared to neighbouring cities, such as Yogyakarta, which relies on education and

tourism services sector, Klaten Regency has its unique economic characteristics. The following is a description of the population aged 15 years and above who work in Klaten Regency.

Table 4.7 Population aged 15 years and above who works based on gender and main employment in Klaten

Main Men Women Men+ employment Women N % N % N % Agriculture 74.420 21.12 24.740 9.62 98.980 16.69 Trade 88.603 26.40 73.956 28.75 162.559 27.42 Manufacture 68.477 20.40 85.872 33.38 154.349 26.03 Industry Social 57.195 17.04 68.789 26.74 125.984 21.25 Service Other 47.091 14.03 3.925 1.53 51.016 8.60 TOTAL 335.60 100.0 257.282 100.0 592.888 100.0 6 0 0 0 Source: Sakernas and BPS Klaten (2013)

The table of percentage shows that the percentage of labor in the agricultural sector is not the highest. It can be seen that the trade business sector occupies the highest percentage as the main employment, followed by the processing and social services industry. In terms of gender, the main occupation sector which is dominated by male workers is agriculture, while the manufacture/processing industry and social services are dominated by female workers.

4.2.5.5. Declining Work in the Agriculture Sector The brief description above indirectly shows that the agricultural sector no longer occupies the employment sector with the highest percentage in Klaten Regency. The decline in number of those working in the agricultural sector can be seen from the trend in number of agricultural households which has also declined over time. The data show that the number of agricultural households in Klaten district has decreased drastically from 2003 to 2013. In 2003 there were 220,525 households, while in 2013 it decreased drastically to 125,617 households, or decreased by 43.04%. The decline in agricultural households occurred in average up to 0.8%in all sub- districts, except in relatively stable Kemalang sub-districts. The biggest decrease occurred in North Klaten sub-district by 70%, followed by Polanharjo and Karanganom sub-districts by 64.17% and 62.70%. Meanwhile, there was a decrease of at least 15.50% in Gantiwarno (Ministry of Agriculture, 2014). Compared to other districts in other Central Java Province, the highest decrease in farm households was experienced by Klaten Regency, which has decreased by -93,812 of absolute change, despite the percentage decrease experienced by Brebes Regency, which was 83.64% (Central Java in Figure, 2013).

Table 4.8 Number of Agricultural Household and Agricultural Company in Klaten

Agriculture Households Agricultural Company

2003 2013 Absolu Perce 2003 2013 Absol Percent te ntage ute age change Chan chang Change ge e

220, 125,61 -94,908 -43.04 10 13 3 30.00 525 7

Source: Agricultural Census (2003 and 2013)

If we look at the trend of the declining population working in the agricultural sector, it is indeed happening in various regions in Indonesia over the past couple of years. The rate of impairment indirectly suggests that employment in the agricultural sector (both as farmer and farmer-labor) is increasingly unpromising in terms of economic benefits. This situation is encouraged by what is called the farmers's regeneration crisis. Benjamin White revealed that the world of agriculture in Java is particularly experiencing a regeneration crisis, caused by the young people in the village who are no longer interested in working as farmers. Living as farmer is considered no longer promising for the future (Akatiga & White, 2015). This profession from time to time is increasingly marginalized due to various factors; ranging from macro to micro aspects. One of the macro aspects is the increasingly marginalized farmers (petani gurem) because they no longer have land or their land becomes narrower. There have been many criticisms raised against the green revolution program that has been implemented since the 70-80s in Indonesia. The

policy of intensifying land for increasing the yield of rice production is considered to have denied and does not handle the aspect of land equity for farmers. As a result, new social classes emerged in the countryside, and the land ownership gap was even higher in rural areas. The largest area in rural Java is only owned by few people, while most of the villagers are those who only have less than 0,25 hectares of land or even do not own land at all (Fauzi, 2017:167). Even though at the provincial level the agricultural sector still dominates the employment in Central Java with a total of 4,926,629 people, while the industrial sector is the third after the trade sector with 3,044,428 people (Central Java in Figure, 2014: 78), the downward trend of those working in the agricultural sector in general in Java or Indonesia is increasingly inevitable. This comparative image implies that people in Klaten region start to shift from agriculture to industry and service sectors. As a note, the profile of the majority of farmers in Klaten in particular and Java in general are small farmers. They are more accurately said - in Chayanov's terms - as peasants and not farmers. It is also a fact that most farmers in Klaten district are smallholders, i.e. those who control only 0.5 hectares or less of land. The average land holding area owned by every household in Klaten Regency is 0.27 hectares in 2013. The area covers both agricultural land and non- agricultural land. Specifically, the average area of the field of ownership is 0.19 per household in 2013 (BPS Central Java, 2013). This figure is slightly higher than the average level of Central Java Province of only about 0.18 in the same year.

4.2.6. Economy and Poverty From the economic point of view, the Gross Regional Domestic Product (GRDP) of Klaten Regency in 2016 is Rp 31,558,691.06 million and GRDP per capita is Rp 27,13 million (BPS Klaten, 2017). Klaten Regency has several dominant economic sectors. The description of the economic structure of Klaten Regency can be seen in Figure 4.6.

Manufactures

3.21 Construction 9.21

12.07 35.94 Wholesale and Retail Trade 3.44 Accomodation and Food&Drink 6.84 16.76 Information & 3.01 Communication 6.07 3.46 Education Service

Figure 4.8.Economic Structure of Klaten Regency (%) (Source: Economic Census of Klaten, 2017)

The chart shows that the manufacture and wholesale and retail trade sectors are the biggest percentage of the economic sector in Klaten Regency. Meanwhile, the agriculture sector is ranked as the third largest and followed by several other sectors, such as financial services & insurance, construction, and education services. The manufacture industry as a mainstay business contributes greatly to the economy in Klaten Regency; it contributes Rp 11,342,482.65 million to the GRDP in 2016. While sector of wholesale and retail trade (including car and motorcycle maintenance repairs) came second with a contribution of Rp 5,290,031.30 million to GRDP.

In line with the GRDP of Klaten Regency in 2016, Economic Census 2016 showed that the two largest business sectors in Klaten Regency are manufacture and wholesale and retail trade. However, if seen from the number of companies, it is exactly the opposite. The sector of manufacture industry consisted of 37,525 businesses (24.31%), the second largest in Klaten District behind the sector of wholesale and retail trade which was 43.96%. As stated in the previous sub-chapter, in terms of labour, in the last five years, Klaten Regency also experienced a shift from the primary sector of agriculture to the secondary sector, namely trade and industry, and tertiary in the field of services. Based on the amount of its workforce, the processing industry business is grouped into four, namely micro industry (1-4 labourers), small industry (5-19 labourers), medium/medium industry (20-99 labourers) and large industry (more than 100 labourers). Of the many industrial processing enterprises in Klaten Regency, 91.54% is micro-industry, followed by 7.46% of small industry, while the medium and large industries are only as much as 1% or 376 companies. Based on this it can be concluded that small micro industry is the dominant industry in Klaten Regency. Meanwhile, in terms of poverty, according to data from Statistics Indonesia, it is said that the number of poor people in Klaten Regency for the last five years has decreased, as shown in Table 4.9 below.

Table 4.9 Poverty Rate of Klaten Regency

Year Number of Poor Percentage People 2012 191,300 16,71 2013 179,480 15,6 2014 168,180 14,56 2015 172,300 14,89 2016 168,010 14,46 Source: BPS Klaten (2017)

Although a little fluctuative, the number of poor people has mainly decreased in Klaten Regency. As a note, to measure poverty, Statistics Indonesia uses the concept of basic needs approach. With this approach, poverty is seen as an economic inability to meet the basic needs of food and nonfood as measured by expenditure. So the poor are the people who have an average monthly per capita expenditure below the poverty line. The poverty line in Klaten Regency in 2016 is Rp 364,240 per capita/month. It means that those who have income below that are categorized as poor.

4.2.7.Overview of Research Sites The location of this study is in Klaten Regency, Central Java Province, Indonesia, with a focus on two sub-districts, namely Polanharjo and Juwiring (see Map 4.3). Polanharjo Sub-district is located in a higher area and has a lot of water resources in Klaten Regency, while Juwiring is located in a lower area and depends on

irrigation water sources from the upper area. The following is a brief overview of the two sub-districts.

4.2.7.1. Polanharjo Sub-district Polanharjo is a sub-district located in the north of Klaten Regency, and directly adjacent to Boyolali Regency in the north. Other boundaries include Tulung Sub-district in the west, Ceper Sub-district and Karanganom Sub-district in the south, and Delanggu Sub-district in the east. The area of Polanharjo Sub-district covers 2,384.84 hectares and is occupied by 36,609 people and administratively consists of 18 villages, 115 Rukun Warga (RW)/Community Association and 259 Rukun Tetangga (RT)/Neighborhood Association. With that total area and population, the population density in the Polanharjo Sub-district is about 1,535 people/km2. This figure is below the average population density of Klaten Regency (BPS Klaten, 2017). Due to their geographical location, which are situated at an altitude of about 200 meters above sea level and located at the foot of Mount Merapi,the area of Tulung and Polanharjo Sub-disricts are fertile and rich in spring water. Because of its fertility, paddy land dominates land use in Polanharjo Sub-district, which is 1,823.84 hectares or about 75 percent of the total land. Other than the domination of agriculture in economic activities, there are also fisheries and tourism. Ponggok Village in Klaten Regency is currently popular, not only in its area but also outside. Ponggok Village has been famous for the last 10 years, for its construction of water attractions of Umbul Ponggok; a shallow water and snorkelling water resort that is now visited by many local tourists, not only from Klaten Regency, but also from outside. This tourism business is managed by Village-Owned

Enterprise/Badan Usaha MilikDesa (BUMDES), and makes Ponggok Village the richest village in Klaten Regency now, with income coming from Umbul Ponggok tourist attraction. The village is now widely visited and piloted as a village which is considered successful in developing its economic potential through local tourism in particular. Also in Polanharjo, PT Tirta Investama operates its business of drawing water from water springs as the raw materials for the bottled water,as well as turning the location into drinking water treatment plants. The location is situated in Ponggok Village, a few meters from Sigedang Spring which is one of the springs that have large debit in Klaten Regency. Meanwhile, the processing plant is located in Wangen Village, which is about a few hundred meters from the water-drawing well in Umbul Ponggok.

4.2.7.2. Juwiring Sub-district Juwiring District is located in the northeast of Klaten Regency. It borders with Wonosari Sub-district in the north, Karangdowo Sub- district and Pedan Sub-district in the south, Delanggu Sub-district in the west, and Sukoharjo Regency in the east. With the total area of 2,977.40 hectares and with a population of 46,461 people, the population density in Juwiring Sub-district is about 1,560 people/km2. This density is also below the average population density of Klaten Regency. Administratively, Juwiring Sub-district consists of 19 villages, 149 RW, and 399 RT. Meanwhile, with an average altitude of 100 meters above sea level, Juwiring Sub-district is included as the low area in Klaten Regency, as well as the downstream area of the Pusur River. Most of the land in Juwiring Sub-district is used for paddy fields, which are 2,004.20 hectares or about 67 percent of the total land.

From the total area of rice fields, most of them are using technical irrigation with 69 percent, while the remainder is run using semi-technical irrigation and simple irrigation. Villages that do not use technical irrigation were Kwarasan, Kenaiban, and Taji. They rely on a semi-technical and simple flow of irrigation. In recent years, various areas in Juwiring Sub-district often experience shortage of irrigation supply, especially during the third growing season (during dry season). One of the things that farmers do to overcome this is by making shallow drill wells with pumping machines to irrigate their fields.

4.3. Summary

This chapter has presented a brief overview of Klaten Regency as the focus area of this research. Historically and geographically, Klaten is a fertile land and rich in springs, with some of its territory located at the foot of Mount Merapi. This condition caused Klaten to become one of the important agricultural areas in Central Java for tens or even hundreds of years. While as one of the regencies in Central Java Province, Klaten has experienced various administrative and political changes from the colonial era to post-Reform until now. The transformation of the region from a feudal system of power (part of the Kasunanan Surakarta) to the current state (part of the Republic of Indonesia), has changed the administrative face of the Klaten government as an administrative unit called the district. The current characteristics of the economic life of the Klaten community, slowly but surely, have also begun to experience a shift from the dominance of agriculture to sectors of trade, industry and services. Nevertheless, the number of those working in the agricultural sector is still dominant at the provincial level (Central Java). In addition, this section also provides a brief description of the

focus of the research area, namely Polanharjo and Juwiring Sub- districts.

CHAPTER 5 THE DYNAMICS OF WATER RESOURCES POLICY IN INDONESIA

5.1.Global Context This section will explain the development of water issues at both global and local levels. Analyzing water issues from these various scales can show how the dynamics of the policy and contestation of actors and power take place in water issues. In the global context, since the implementation of the International Conference on Water and Environment (ICWE) in Dublin in 1992 (in preparation for the UN Conference on Environment and Development in Rio de Janeiro), water has been explicitly stated as economic goods. The statement became one of the four principles that were born at the conference. The four principles are: (1) Freshwater is a finite and vulnerable resource, essential to sustain life, development and the environment (2) Water development and management should be based on a participatory approach, involving users, planners, and policymakers at all levels (3) Women play a central part in the provision, management,and safeguarding of water (4) Water has an economic value in all its competing uses and should be recognized as an economic good In the fourth point, it is clearly stated that water is an economic good. As an economic item, water is not something free and freely accessible to anyone but has economic value that has many consequences. The principles that were born in the Dublin Conference seem to be a milestone and underlie various policies at the next global level.

Declaring water as an economic good has caused a lot of controversy to this day. Many parties consider that by seeing water as an economic good, it means that it can be commodified and traded. In general, it is said that as an economic good, the item is considered scarce and legitimizes human actions and market intervention (Franco, et.all; 2013: 1662). The principle stated in the Dublin Declaration seems to be a milestone in encouraging the emergence of water privatization policies in various regions of the world. This declaration also seems to show the dominant influence of Washington Consensus in the 1990s and is considered as a turning point in the growth of neoliberalism agenda since then. This turning point changes the perspective that the state is no longer responsible for the problems and needs faced by its citizens. Consequently, the private sector must be given space in the management and fulfilment of all public needs, including those related to water. The perspective and discourse of water as economic goods then revolves into various global policies, such as the Integrated Water Resource Management (IWRM) policy. The concept of IWRM was initiated in the first World Water Forum in 1997 and later was strengthened in the "Article 26 of the Plan of Implementation of the World Summit on Sustainable Development," in Johannesburg, 2002. With the development of the discourse, it can be said that water resource management is not only focused on the dimensions of irrigation but also evolves over all other dimensions (Jusuf, 2015: 68). The most frequently used definition of IWRM comes from the Global Water Partnership: ‘a process which promotes the coordinated development and management of water, land and related resources, in order to maximise the resultant economic and social welfare in an

equitable manner without compromising the sustainability of vital ecosystems’ (Franco,et.al; 2013:1663). This IWRM policy also became the spirit for the birth of Water Resources Law No.7/2004 in Indonesia. The next section will describe the dynamics of water resources policies in the national context in Indonesia.

5.2. Water Resources Policy in Indonesia ”Bumi dan air dan kekayaan yang terkandung di dalamnya dikuasai oleh negara dan dipergunakan untuk sebesar-besarnya kemakmuran rakyat‘‘ (Pasal 33 ayat 3 Undang-undangDasar RI 1945)

"Earth and water and the resource contained therein are controlled by the state and used for the greatest prosperity of the people.“ (Article 33 paragraph 3 of the Indonesian Constitution of 1945)

The amended article 33 paragraph 3 of the 1945 Constitution directly shows that the politics of Indonesia's national economic law and the management of natural resources, in particular,is directed to an economic construction called Indonesian socialism. Legal politics as mentioned above clearly reject the control of the earth, water and natural resources contained therein by individuals or private companies. It is the state that must master these resources for the greatest prosperity of the people (Wahidin, 2016: 35). However, does the highest basis and constitution in Indonesia is finally running smoothly with the elaboration and the derivation of the rules, especially those relating to water resources? It will be a dynamic which will be discussed further in this section.

The development of policies and management of water resources in Indonesia cannot be separated from the socio-political context in which policy on water is established. Historically, in the context of Indonesia, the management of water resources cannot be separated from the context of power that has changed over time. This subchapter attempts to describe the dynamics of water resources management policy in Indonesia from the colonial, post-independence, New Order, Reform era, and up to the latest developments. Recently, the Water Resource Law No.7/2004 had been cancelled by the Constitutional Court in February 2015 although until this writing was done, the new regulation has not yet been issued. In the past, regulations on water resources in Indonesia (especially in colonial and early New Order periods in the 1970s) emphasized on regulating and seeing irrigation problem mainly as an irrigation problem. The last debate on Water Resource Law No. 7/2004 which had been cancelled by the Constitutional Court had put more regulatory dimensions penetrating other aspects particularly clean water and bottled water which are thought to have turned water into commodities and to provide large roles for the private sector in water resources management. The historical trajectory as the background of the development of Indonesia's water resources policy in this section will be presented chronologically by describing the changes and developments that are also indispensable concerning the global and regional context. However, this chapter will focus more on regulations related to irrigation water and bottled water which have been the basis of this research.

5.2.1. Colonial Period: The First Generation The mid-19th century was the beginning of a large-scale irrigation development on the island of Java. According to van der Meulen's (1940) report as cited by Pasandaran (2015), the first large- scale irrigation of the Dutch model was built in Sidoarjo Delta, East Java of 34,000 ha in Brantas River basin in the mid-19th century. The development which used complete technology both for irrigation and drainage, was built in Demak Irrigation Area of 33,800 ha in the 1880s (Pasandaran, 2015: 35-36). There were three motives for irrigation development. The first was famine in Central Java particularly in Demak which might be caused by drought and flooding. The second was support for irrigation of export commodities such as sugar cane. The third was the development of hydraulics engineering which in its implementation required large-scale irrigation development trials. There were about 200 thousand people who died in Demak as a result of the harvest failure occurred in 1848-1849. The colonial government therefore immediately built a dam called Glapan in Tuntang River and East and West channels with its water gate doors and completed in 1859 to irrigate an area of 12,000 ha. Nevertheless, the threat to starvation still arises. Another famine occurred in 1872 resulting in a new project created on the plains of Demak whose construction took 12 years to complete (Giesen in Pasandaran, 2015: 36). With the politics of the culturstelsel (the system of forced cultivation), the Dutch East Indies government had benefited greatly. The indigenous people, on the other hand, were left poorer. This was before the emergence of ethical politics at the beginning of the 20th century, which had educational programs, irrigation, and transmigration. Irrigation as one of the programs of ethical politics was considered by some experts such as Anne Booth (1998) to have little

effect on the welfare of the society. However, in the long run, it had an impact on rice self-sufficiency (Pasandaran, 2015: 36). Briefly, the first generation of water resources development and management in Indonesia (especially in Java) can be illustrated in the Table 5.1.

Table 5.1 Dynamics of Development and Management of Water Resources (1850-1950) Year Policies Triggering Characteristics factors 1850 Infrastructure - Starvation Took 50 years for the trial on a large - Hydraulic trial period scale engineering 1901 Ethical politics Political pressure Expansion of irrigation in the on a large scale Netherlands 1936 Algemene Water Institutional trial - Formalization of Reglement bureaucracy on (AWR) centralized irrigation - Decentralized

management at provincial level Source: Pasandaran (2008, p.302)

The 1850s up to the beginning of the 20th century could be said to be a large-scale infrastructure test in the form of irrigation development. After that, large-scale irrigation expansion kept occurring due to the impetus of ethical politics in the early 20th century. However, institutionally, in 1936 a new regulation of water

resource management called Algemene Water Reglement (AWR) was implemented in Java and Madura. Furthermore, irrigation operation and maintenance are decentralized to the provincial level through Provincial Water Reglement (PWR). According to Hasselman as quoted by Pasandaran (2015), one of the things regulated in the AWR and PWR was the principles of regulation and distribution of water for farmers. As a follow-up to the consequences of ethical politics and welfare plans, a commission established principles of irrigation management which was built by the colonial government. It became the earliest seed for the emergence of the institutional system of irrigation in the colonial period. There were two options for the proposed irrigation management principles. The first is called "PakalenRegeling", which was a management system based on a predetermined planting pattern (cultur plan). The principle was that water management was needed to support the implementation of the desired cropping pattern. The second principle is called "PategoeanRegeling", which basically adopted the principle of water management in the irrigation area built by the community. The water allocation was based on the classic principle of equal opportunity while the planting pattern was left to the community itself or the principle of equal opportunity. With regard to the interests of the colonial government, the principle ultimately adhered to was the first principle which was water management to support the cultured plan. In order to implement these principles, it was needed to institutionalize various water management arrangements such as water classes at the beginning of the rainy season, the need for irrigation water with the pastoral system, and water distribution scheduling; all were outlined in the "Algemeen Water Reglement"Law declared in 1936. The pasted system was a regulation of water allocation among three commodities grown in an

irrigation area, which were rice, palawija, and sugarcane. More specific arrangements were set in "Provinciale Water Reglement" for each province in Java and Madura. Apart from all these things, there are some interesting things during the implementation of major irrigation development plans in Java. First, the fact that prior to the existence of large-scale irrigation development by the colonial government, there had been an irrigation system built by the local community. In 1914 for example, a permanently functioning irrigation area (built by the government) was only one-third of the irrigation as recorded in the statistics.It indicates that approximately two-thirds of the irrigation in that year was the community irrigation. The development of irrigation by the colonial government was likely to be located by encompassing irrigation areas that have been built by the community or on rice systems whose development had been initiated by the local community (Pasandaran, 2015). Another interesting point was that building a large-scale irrigation takes a long time for about ten years,even though the local community had pioneered the paddy system. Irrigation development ran in a rather slow period in the early phase of development and it progressed more quickly in the final phase. Between 1880 and 1910, the technical irrigation area to be completed was only 225,000 ha with an average completion of 7,500 ha annually (Van der Giessen in Pasandaran 2015). Between 1910 and 1930, there was 375,000 ha of technical irrigation that could be completed or an average of 23,500 ha. The peak between 1930 and 1940 was 470,000 ha of technically completed irrigation or 47,000 ha per year. Although in the 1930s there was a malaise (economic depression) which had a major impact on the production of sugarcane factories in Java, it did not reduce the

commitment of the colonial government to complete the irrigation projects (Pasandaran et al., 2014). Within the framework of decentralization of governmental tasks to the provincial level between 1936 and 1940, irrigation tasks were also assigned to the provincial level agencies. Another trial conducted by the colonial government was the institutional trials of farmers at the level of tertiary irrigation networks. According to Van der Giessen’s (1946) report as cited in Pasandaran (2015), the grouping of farmers according to the tertiary unit had been piloted since 1907 in the TjomalPemali irrigation area (currently administratively located in Pemalang Regency, Central Java Province). The distribution of water in a tertiary unit was performed by Ulu-Ulu Division or Ulu-Ulu Group. At that time, there was a thought that both planting class and water division classes should be arranged according to tertiary units. It was further reported that the reason for this was that Ulu-Ulu Pemagian was preferred by the farmers because it represented the interests of farmers more than Ulu-Ulu Desa which represented the interests of the Village Government. Overall, it can be concluded that the colonial water resources policy (through AWR) had succeeded in realizing the development of water resources especially irrigation in which in the independence era had contributed to the realization of rice self-sufficiency in 1984. The first generation of irrigation development was initially driven by the infrastructure development and hydraulics engineering followed by institutional management trials for decades; it was inseparable from the political interests of the colonial government which produced a legislative product called AWR in 1936. AWR subsequently produced a PWR that regulated irrigation management at the provincial level. To sum up, the approach of irrigation management in the colonial era is essentially centralistic.

5.2.2.The Development of Water Resources Management: The Second Generation The next phase of the development of water resources management in Indonesia is the post-independence period, the New Order (the early 1970s) until post-Reform (2000s). In this phase, there were several regulations including Law No. 11/1974 on irrigation and some regulations covering the position and role of Water User Association (WUA) in irrigation arrangements. Law no.11/1974 is different from AWR 1936 in two respects. First, Law No.11/1974 provided a wider scope of authority to the state in the development and management of water resources and it was not limited to only irrigation but also included the construction of groundwater up to flood control so that the management of water resources was carried out for various purposes. Second, unlike AWR 1936 which was applied only in Java and Madura, Law No.11/1974 was applied in all over Indonesia (Jusuf 2015: 65). Although Law No. 11/1974 said that water resources development was conducted in all areas,irrigation was still the main focus of the New Order government because Indonesia was experiencing a tremendous food crisis. The development of irrigation during the late days of the Old Order and the beginning of the New Order period also coincided with the emergence of the green revolution of the 1960s with the discovery of new, short-lived, high-yielding rice varieties. The new varieties were also highly responsive to fertilizer and irrigation adequacy. The making of Law No.11/1974 was inseparable from the development paradigm based on the modernization theory that emerged in the decade of the 1960s. In this paradigm, the success of the development concept was measured by the rapid pace of economic development. To achieve its objectives, the bureaucratic machine was

encouraged so that the government's dominance in the implementation of development will be enormous and global. The implementation of this concept lasted until the end of the 1980s (Jusuf 2015: 65-66). In practice, the scope of irrigation under Law No. 11/1974 included irrigation, river management, flood control, and reclamation of swamps and tides. In the administration of Sukarno's government, one of the welfare plans in question was the construction of Jatiluhur Reservoir in West Java. The construction of these reservoirs which began in the late fifties functioned effectively in the early seventies and subsequently followed by the construction of other large reservoirs in various rivers in Java and Lampung during the New Order era (Pasandaran, 2015: 38). Although within the era of Sukarno's administration there was a government-run irrigation expansion and the expansion of multifunctional irrigation works, the existence of community irrigation systems continued well. At the end of Sukarno's administration, especially during the period of the "One Hundred Ministries" cabinet (Kabinet Seratus Mentri),there were two ministries that administered irrigation, namely the Minister of Irrigation managed by the Government and Minister of Irrigation managed by the community. Thus, it can be said that after the pioneering development of irrigation by the community until the mid-19th century, the period afterward until the beginning of the New Order era was a phase of coexistence between the management of government-based irrigation and community-based irrigation. In the New Order era, the government began to co-opt the process of community-based irrigation to government-based irrigation management. Another thing to note in irrigation and its development in Indonesia is that at least until the second half of the eighties, and for certain cases to date, the irrigation development approach prioritizes

the development of physical structures compared to the institutional approach and the "human" dimension of irrigation system being built. Although the first generation emphasized the importance of institutional development, the educational perspective of officials who were in charge of irrigation in Indonesia in the early post- independence phase still inherited the Dutch School of Thought on irrigation and watering only as part of the hydraulic buildings (Vlughter, 1949 in Pasandaran, 2015). Such approach was translated into a project approach that measures the success from a purely physical development target, overlooking whether the target was truly effective in supporting subsequent developments such as improved yields and agricultural production. Such approach was also repeated as Indonesia was increasingly experiencing symptoms of drought which were then used as an excuse to obtain additional funding for irrigation buildings managed by both the government and the community, regardless of the root cause of the drought. With the aging of the irrigation system inherited from the colonial government, the need to carry out irrigation rehabilitation became the main program of the New Order government, starting in Five-Year Development (Pembangunan Lima Tahun/PELITA) I (1969- 1974) and followed by expansion of irrigation; both large-scale irrigation and small-scale irrigation in several subsequent PELITA. In this period, P3A (Perkumpulan Petani Pemakai Air/Farmers Water User Association) was also developed primarily to manage irrigation at the tertiary level. The widespread development of the existence of P3A in some cases was considered to have uniformed local and traditional institutions that had existed so far. What was happening was that there was a tendency of institutional uniformity at the local level with the presence of P3A (Pasandaran, 2015: 39).

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It can be said that in this period, Law No.11/1974 was born in a context of the birth of green revolution,which was conducted in Indonesia and reached its peak in the 1980s with the achievement of self-sufficiency in rice. One characteristic that distinguishes the development of these years from the previous (colonial) period is the low quality of irrigation construction buildings and shorter rehabilitation cycles. The situation is different from the previous (colonial), where the quality of irrigation building construction was high so that the rehabilitation cycle becomes longer (Pasandaran, 2015).

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Table 5.2 Second Generation of Water Resources Development and Management (1950-1998)

Year Policies Triggering Characteristics factors 1974 Law No. - The technology Centralistic 11/1974 on of the Green - Low quality of Irrigation Revolution construction - Program on rice - A short cycle of self-sufficiency rehabilitation - The spreading of P3A through projects 1987 Irrigation - The increase in Sector Policy investment cost - Strengthenin - The collapse of g P3A the state budget - Transferring trials on small irrigation management - Creating efficient O&M 1999/20 Management - Economic crisis Conflict of 01 transfer of interests irrigation to - Domination of P3A centralized bureaucracy - Source: Pasandaran (2008,p. 303)

5.2.3. The Third Generation of Water Resources Development: Law No.7/2004 5.2.3.1. The Background of the Emergence of Law No.7/2004 As stated earlier in this chapter (in the context of the global water policy), at the beginning of the 1990s, there was an important

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moment in the development of global water resources governance, which was implemented by the International Convention in Dublin in 1992. The convention declared four principles: (i) water is a resource that is vulnerable and essential to sustainability for the sake of human survival; (ii) require broad community participation; (iii) require a broader role for women in its management because women in their working functions are broadly connected with water; and;(iv) water is an economic good. At the World Summit in Rio de Jeneiro in 1992, the Dublin Convention was renewed, it stated that water was an economic good with a social function. The emphasis of water as an economic good means that managing water is an important way of achieving efficient and equitable use and a way of encouraging the conservation and protection of water resources (WMO, 1992 in Budds, 2004: 322-323). The Dublin Convention became an important milestone that put water as an economic good. The IWRM policy that was encouraged by the World Bank also began to emerge since Rio 1992. In the context of Indonesia, the economic crisis occurred in 1998 had led to various forms of social, economic and political crisis in Indonesia which became an important background of this phase. A succession of Suharto's political leadership to Habibie was followed by reforms in various fields both in economics and politics. Indonesia was in the trap of loan financing from the International Monetary Fund (IMF), and the country had gotten financial support from other donor agencies such as the World Bank and the Asian Development Bank (ADB). One of the requirements requested by donor agencies was that Indonesia must reform the management of water resources. In the loan scheme, Water Resources Sector Adjustment Law (WATSAL) was launched. The Government of Indonesia therefore, conducted a reform

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process of water resources management policy at the end of 1998 (Suhardiman, 2008: 28-29). In March 1999, the Government of Indonesia pursued a policy reform of irrigation management through Presidential Instruction No. 3/1999 concerning the Government's Notice regarding the Renewal of Irrigation Management Policy and consisted of five policies. The five policies are: (i) defining the role and function of each irrigation actor, (ii) empowering the irrigation organization of farmers, (iii) handing over the irrigation management to the farmers selectively, gradually and democratically; (iv) updating the financing system of irrigation management, and (v) maintaining the sustainability of irrigation. The core of these five policies is that a new role of irrigation institution was needed at that time in the framework of community empowerment through the handover of the authority for irrigation management towards the irrigation sustainability. In 2001, this policy was confirmed by Government Regulation No.77/2001 on Irrigation, replacing Government Regulation No.77/1982. It should be remembered that the Government Regulation No.77/2001 still used Law No.11/1974 although its principle is very different (Jusuf, 2015: 68-69). The background of the emergence of the policy is based on the situation of after experiencing self-sufficiency in rice in 1984, there was an awareness that the investment cost in water resources for the sake of maintaining rice self-sufficiency was increasing. Therefore, in the second half of the New Order government, in addition to the structural and technical approach that relied on hardware, new actions were initiated to ease the burden of government through a participatory

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approach, which was the introduction of irrigation water services to finance the operation and maintenance of irrigation systems. This approach, among others, was triggered by the oil price crisis that occurred in 1986 because one of the main determinants of irrigation investment is the world oil price (Rosegrant and Pasandaran, 1995). There was an awareness that the direct public investment strategy in irrigation systems built by the community can increase dependence on the government and weaken the internal dynamics in the development of irrigation in local community.This awareness only emerged after most of the irrigation systems built by the community were co-opted into government-oriented irrigation system. One attempt to restore the situation was to conduct a trial to transfer the irrigation management from the government to the local community. The handover of small irrigation to P3A, which was then followed up with the provisions was managed gradually, selectively and democratically. The irrigation management handover to the P3A was arranged in Presidential Decree No. 3/1999 and the subsequent handover of irrigation management to P3A was regulated in Government Regulation No. 77/2001. The third policy of PKPI (Pelaksanaan Pembaharuan Kebijakan Pengelolaan Irigasi/ The Implementation of Renewal Irrigation Management Policy) as mentioned above is the handover of irrigation management to farmer organizations which has become a contentious issue for many people (Arif in Gunawan, 2015: 69). On one hand, many people have hopes of empowering farmers by granting authority to manage their respective irrigation systems. On the other hand, however, some still want the irrigation management placed in the hands of the government as in the past. The debate then developed into a wider realm such as when drafting the Water Resources Law. In addition to irrigation

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management issues, many parties are concerned about the involvement of foreign private parties who will take over the water business in Indonesia. The fear is that the involvement of private parties will make no room for the poor in accessing water for their daily needs. They are worried that the draft Law on water resources policy in Indonesia will implement the neoliberal paradigm as it was initiated in the 1992 Dublin Convention in its entirety (Hadad, 2003). According to Pasandaran (2015), there are at least three factors triggering the emergence of Law No.7/2004. First, the recovery of the economic crisis after experiencing political shocks has led to the management of resources especially in authorityof irrigation management which has repeatedly changed. Second, economic liberalization efforts proposed by the World Bank as a loan prerequisite for economic recovery and the third is global pressures that imposes an integrated and sustainable approach such as IWRM which was delivered in Johannesburg in 2002. These factors have indirectly reflected the development of a global aspect of water resources management as mentioned in the earlier subchapter and they have spiced up the development of water governance in Indonesia during this period.

5.2.3.2. The Content Outline of Law No.7/2004 Generally, Water Resources Law No.7/2004 consists of 18 chapters and 100 articles. The chapters listed in Law No.7/2004, if classified, will be grouped into several topics, namely: management principles; authority and responsibility; implementation management principles concerning conservation, utilization, control of water damage, planning, construction and operation (OP and operation), information systems, empowerment, supervision, financing, coordination of management implementation and community

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participation; rules relating to disputes, offenses and sanctions, including criminal provisions. Like other laws, Law No. 7/2004 is also equipped with general explanations and article by article explanations so that they can be understood by many parties. More detail about the contents and systematics of the Water Resources Law No. 7/2004 can be seen in Table 5.3 below:

Table 5.3 The Outline of Water Law No.7/2004 Cha Content Number pter of Articles 1 General Provisions 12 2 Authorities and Responsibilities 7 3 Water Resources Conservation 6 4 Water Resources Utilization 25 5 The Control of Water Damaging 8 Potential 6 Planning 4 7 Implementation of Construction, 2 Operation and Maintenance 8 Water Resources Information 5 System 9 Empowerment and Supervision 7 10 Financing 5 11 The Rights, Obligations,and Roles 3 of The People 12 Coordination 3 13 Dispute Settlement 2 14 Public and Organizations Claim 3 15 Investigation 1 16 Penalty Provisions 3 17 Transfer Provisions 2 18 Closing Provisions 2 100

Source: Water Law No. 7/2004

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Based on the description of the contents in Law No.7/2004, it can be concluded that the Law is more complete and comprehensive in a sense; touching various aspects of other water resources such as drinking water and tap water, compared toLaw No.11/1974 on Water. This is also evident from the number of articles and the scope of coverage of different water resources. In summary, the comparison between Law No.11/1974 and Law No. 7/2004 is as described in the Table 5.4.

Table 5.4 The Comparison between Water Law No.11/1974 and Water Law No.7/2004 No Aspects Law No.11/1974 Law No.7/2004

1 Material Mainly only Broader topics on Water about irrigation; Resources (not only It consisted of 12 irrigation); It consisted chapter and 17 of 18 chapters and 100 articles articles 2 Water Social Social, Environmental, Function and Economical that are held harmoniously

3 System Centralistic Decentralization top down Bottom-up There are communication and openness 4 Government Provider Enabler, Provider : position State/Regional-Owned Enterprise (Badan Usaha Milik Negara/Daerah) 5 Community Almost nothing There was community Participation participation through Water Resources

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Council (DewanSumberDaya Air) 6 Licensing More simple More strict with public without a public consultation and consultation considering the water availability 7 New - -Water Use Rights provisions (HakGuna Air) - Coordination -Representative lawsuit -Civil servant Investigator -Empowering stakeholder -Information System - Water Cycle - Water in the air - Water on the surface - Groundwater - Seawater in land Source: adapted from Susilo (2016:80)

From the table above, it can be seen that water scope is wider and water functions are also seen to be changing in Water Resources Law No. 7/2004. Initially, the water function was more social (in Law No.11/1974), and then it is visible that the water function did not merely function socially but also to have environmental and economic functions in Law No.7/2004. In addition to this, the nuances of decentralization and community participation involved in Law No.7/2004 are also more visible. The position of the government, in this case, is also no longer only as a provider of water resources but also acts as an enabler.

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According to Mustikasari (2013) based on the contents of the Water Resources Law, 35 government regulations and three Presidential Decrees are required as derivatives of the implementation of the Law. However, until 2013, the Water Law covered seven government regulations. The eight derivative government regulations that have been published include: 1. Government Regulation No. 16/2005 on Development of Drinking Supply System, 2. Government Regulation No. 20/2006 on Irrigation, 3. Government Regulation No. 42/2008 on Water Resources Management, 4. Government Regulation No. 43/2008 on Ground Water, 5. Government Regulation No. 37/2010 on Dams, 6. Government Regulation No. 38/2011 on River, 7. Government Regulation No. 73/2013 on Swamp, 8. Government Regulation No. 69/2014 on Water Use Rights.

From the government perspective at that time, the birth of Law No.7/2004 was also considered as a reform of water resources. Therefore, the Law contains several principles reflecting the reform, which include: 1. Clarity of responsibility in managing water resources between the center and the regions (management of water resources based on watershed areas). 2. Institutional arrangements for water resources management. 3. Strengthening and integrating the planning and implementation of water resource management. 4. Developing a network information system of water resources management.

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5. Strengthening the public participation. The law mandates that the public has equal opportunity to participate in the process of water resources management, whether in the planning, implementation or monitoring process. 6. Strengthening the financial system for the sustainability of water resources management. (Azdan, 2011).

Azdan’s statement is in line with Susilo's benchmarking as stated earlier which compares and describes the contents and characteristics of the Water Resources Law No. 7/2004 and the previous law. However, it is also important to remember how the context of the birth of the law as stated in the previous section. The socio-political context will be closely related to the following subchapters that will try to explain about the criticism and resistance to Law No. 7/2004.

5.2.3.3. Criticism and Resistance to Law No.7/2004 The emergence of Law No. 7/2004 on Water Resources has caused a lot of criticism and reaction in the community. There are two phases of criticism and resistance carried out by the community and other elements of the civilian group against the Water Resources Law No. 7/2004. This form of criticism and resistance is reflected in the filing of a lawsuit against the law to the Constitutional Court conducted in 2005 and 2012. In the first lawsuit in 2005 which was a direct response to Law No.7/2004, various elements of civil society and the community submitted a judicial review to the Constitutional Court. They consist of 3001 individuals and institutions with case registration numbers of Case Number 058-059-060-063 / PUU-II / 2004 and Case Number 008 /

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PUU-III / 2005). The tested materials from the Water Law were also very many and substantial, especially regarding the commodification and privatization of water. The lawsuit/judicial review was finally rejected by the Constitutional Court through a Decision on July 19, 2005; however, there were two judges who expressed dissenting opinions. Despite refusing, the Constitutional Court stated that the Water Law is conditionally constitutional. This means that the Water Law is constitutional as long as its implementation is carried out based on the Decision of the Constitutional Court. If in its implementation the government does not pay attention to the Constitutional Court Decision, the Water Law can be reviewed (Arizona &Chandranegara, 2017: 37). The second petition for judicial review was carried out in 2013. In that year, various elements of civil society, especially the Muhammadiyah religious organization and several other institutions, also tried to register lawsuit to the Constitutional Court with Case Number 85 / PUU-XI / 2013. The request was granted entirely by the Constitutional Court with a Decision dated February 18, 2015, stating that the unconstitutional Water Resources Law was cancelled and Law No. 11/1974 on Water Resources was re-enacted. In more detail, the chronology of the two phases of filing a judicial review is shown in the following Table 5.5.

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Table 5.5 The Chronology of Judicial Review of Water Law No.7/2004 in the Constitutional Court No Activities Date A. Judicial Review of Water Law 2004-2005 (1) 1 Submission of Registration for Judicial Review June18 2004 on Water Law by the Advocacy Team of the People's Coalition for the Rights to Water (KRuHA/Koalisi Rakyat untukHakAtas Air) which includes 53 NGOs and individuals with a Case Registration Number 058 / PUU-II / 2004 2 Submission of Registration for Judicial Review July2 2004 on Water Law by the People of the Charges, 16 organizations including WALHI, PBHI, UPC, NTB Somasi with Case Registration Number 059 / PUU-II / 2004 3 Submission of Registration for Judicial Review July29 2004 on Water Law by 868 individual Indonesian Citizens with Case Registration Number 060 / PUU-II / 2004 4 Submission of Registration for Judicial Review July26 2005 on Water Law by SutaWidya with Case Registration Number 063 / PUU-II / 2004 5 Consultative Meetingof Constitutional July13 2005 CourtJudge 6 Decisionof the Constitutional Court in the July19 2005 Plenary Session of the Constitutional Court (conditionally constitutional) B. Judicial Review of Water Law 2013-2015 (2) 1 Submission of Registration for Judicial Review October16 on Water Law by 11 applicants (4 2013 private/community organizations and 7 individual Indonesian citizens) with Case Registration Number 85 / PUU-XI / 2013 2 Decision of the Constitutional Court was taken September17 through a Constitutional Court Judicial 2014 Consultation Meeting

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3 Decision of the Constitutional Court was read in September18 the Plenary Session of the Constitutional Court 2014 (contrary to the 1945 Constitution and does not have binding legal force) 4 A copy of the decision of theConstitutional Court February18 is officially published on the website of the 2015 Constitutional Court: https://mkri.id/ Source: adapted from Susilo (2016) and the media

The judicial review process in the first phase was proposed by various civil society groups and individuals, such as the People's Coalition for the Rights to Water, The Indonesian Forum for the Environment (WALHI/Wahana Lingkungan Hidup Indonesia), PBHI (Indonesian Legal Aid and Human Rights Association), UPC (Urban Poor Consortium), and others. While in the second phase, the judicial review was submitted by Muhammadiyah Religious Organization, Al Jami'yatulWashliyah, SOJUPEK (Solidaritas JuruParkir, Pedagang Kaki Lima, PengusahadanKaryawan/Solidarity of parking officers, Street Vendors, Small Enterpreneurs and employees), and some other organizations. Although submitted by a rather different organization (compared to the first judicial review), the substance in question is thesame. They criticized Water Law No.7/2004 as its content is considered has liberal nuance and deviates from the spirit of the 1945 Constitution, especially article 33 which states that “Earth and water and the resource contained therein are controlled by the state and used for the greatest prosperity of the people.” as stated earlier. Article 33 of the 1945 Constitution is more socially responsible in the management of natural resources in Indonesia and becomes the reference for various derivative rules relating to the management of natural resources in Indonesia.

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Efforts towards water privatization are explicit in Water Resources Law No. 7/2004, particularly through the regulation of water resource exploitation in Article 7, 8, 9, 26, 38, 40, 45, 46, 47, and 49. These articles may become the entrance for private, both domestic and foreign, legal entities as practiced in the field. Even though according to the 1945 Constitution, it is undeniable that water and the production branches of its resources clearly dominate the livelihood of the people. One of the articles considered as the most visible in showing the privatization process is in Article 9 of Water Law No.7/2004 on Water Use Rights. The complete contents are as follows:

Article 9 (1) The right to use water may be provided to an individual or business entity with the permission of the Government or regional government by its authority. (2) A holder of water rights may transfer water on the land of another person based on the agreement of the holder of the land rights concerned. (3) Approval,as referred to in paragraph(2), may be in the form of a compensation or compensation agreement.

From the article, it can be seen that the involvement of private parties (both individuals and business entities) is very possible to use water for business/profit. There are three definitions of types of rights concerning the use of water contained in the Law. Besides the Commercial Use of Water Rights, there are also The Beneficial Use of Water Rights that requires no license and The Beneficial Use of Water Rights that requires a license. The understanding for these three definitions can be seen in Table 5.6.

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Table 5.6 The Definition of Water Use Rights in Water Law No.7/2004 Types How to User Purpose Requirem of obtain ents Rights Benefi Without Individual Daily Basic Does not cial License Needs change the Use of (Article 8 condition of Water paragraph the water Rights 1) source Individual or People's Groups agriculture in existing irrigation With Individual Daily Basic License Needs (Article 8 paragraph 2) Individual or Agriculture Change the Group outside the condition of existing the water irrigation sources

Group Daily and social basic needs

Comm With Individual/Gr To meet business Change or ercial License oup/Private needs does not Use of (Article 9) Company change the Water condition of Rights the water source Source:Water Law No.7/2004 and Susilo (2016:83)

As shown in the table, Beneficial Use of Water Rights are divided into two, namely the Beneficial Use of Water Right without License (Hak Guna Air Tanpa Menggunakan Ijin), the Beneficial Use

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of Water Right with License (Hak Guna Air dengan Ijin). And besides the Beneficial Use of Water Rights, there is the Commercial Use of Water Rights (Hak Guna Usaha). Beneficial Use of Water Rights without License can be done individually or in groups. Individuals, for example, use water for daily needs, such as the fulfilment of clean water through private wells, as well as for other daily needs insmall amount. While for the group,for example,they use water for the need of agricultural irrigation. The Beneficial Use of Water Rights with a license is understood as if the use of the water source will change the condition of the water source, for example by blocking it or draining the existing water flow up/down. Commercial Use of Water Rights are rights granted to individuals/business entities to utilize and process water for profit/business interests. This article is questioned by many civil society groups because it is directly related to the involvement of the private sector in the management and control of water. By some experts, the implementation of Water Resources Law No.7/2004 has drastically impacted the decline of the irrigation sector, especially the people's agriculture. The decline has reached 150 thousand hectares per year. The critical watershed has increased dramatically from 2004-2014. Changes in the function of paddy fields decreased drastically because the water discharge decreased from 15% to 20%. This is of course very worrying, especially when the management of water is left to the private sector (Wahidin, 2016: 41). Moreover, the implementation of Law No. 7/2004 has created various water conflicts in several regions in Indonesia even after a decade of its execution. For example, the refusal of farmers in 15 sub- districts in Klaten Regency for water exploitation conducted by PT TirtaInvestama which is considered to have an impact on the lack of irrigation supply.This case in Klaten becomes the focus of this

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research. Another case is in Legonkulon Sub-district, Pamanukan and Pusakanagara Subang Regency, West Java Province in August 2008 in which dozens of farmers from five villages rallied in Subang Service Office and Perum Jasa Tirta II Division III because the water supply did not run smoothly, resulting in 1,580 ha of dry fields. Similarly, a case occurred in the Timbrangan Village and Tegaldowo Gunem Sub- district, in Rembang Regency, Central Java Province in August 2014 in which about 100 people refused the development a cement factory building by PT Semen Indonesia Tbk in Kendeng mountains which is the area of Watuputih Groundwater Basin (Cadangan Air Tanah/CAT) (Nurlinda, 2015). More detailed arrangements on water rights in fact (the right to obtain and seek water) are under Article 9 paragraph (1) of Law No.7/2004 which may be granted to an individual or a legal entity with the permission from the Government or local government under its authority. The granting of this license is limited to the exploitation instead of the control over water resources. The business is granted by the allocation specified in the state granted permit. This permission is a controlling instrument and not a controlled instrument. The decision of the Constitutional Court no. 058-059-060-063 / PUU-II / 2004 and no. 008 / PUU-III / 2005 on judicial review of Law No. 7/2004 has given its consideration. However, in fact, the provisions of the Water Law were interpreted differently from the consideration of the Constitutional Court in the decision no. 058-059-060-063 / PUU-II / 2004 and no. 008 / PUU-III / 2005. Based on the condition of constitutionality (conditionally constitutional), the Decision of the Constitutional Court. 85 / PUU-XI / 2013 has stipulated very strict restrictions on water concessions to preserve the sustainability and availability of water for the life of the nation. The limits of such water utilities are:

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1. Water management shall not interfere or exclude people's right for water; 2. States should fulfil the people's right to access water; 3. Environmental sustainability must also be considered as it is also included in basic human rights; 4. As an important production branch that controls the livelihood of the public, the supervision and control of water by the State is absolute; 5. As a continuation of the State’s right to control water, the main priority for water exploitationis given to State-Owned Enterprise/Regional-Owned Enterprise 6. If after all such reckoning has been fulfilled and there is still a water supply, the Government is still allowed to grant permission to private business to undertake the exploitation of water under certain and strict conditions.

A judicial review conducted since 2012, which was filed by various elements of civil society (such as Muhammadiyah Religious Organization and several civil society organizations in Indonesia),had resulted the Constitutional Court's decision to overturn Law No.7/2004 on February 18,2015,with the decision mentioned above.On the second judicial review, the Constitutional Court finally granted the plaintiffs' petition. Due to the legal vacuum, the old regulation which isLaw No.11/1974 on Irrigation is implemented. However, up to now, the new law to replace Law No.7/2004 has not yet been published. Many people hope that the Water Resources Law will be in favour of the poor, especially for farmers and the urban poor who are

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considered marginalized, by increasing their access to clean water and irrigation water as mentioned above.

5.2.4. The Phenomenon of Bottled Water in Indonesia: Development and Regulation The previous observations show that the history of water resources management in Indonesia was initially more about regulating the existence of irrigation water. The inclusion of clean water and drinking water arrangements was considered new in the final or recent phases. In the context of regulating water resources in Indonesia, bottled water can be regarded as a more specific part. Bottled water can be said to be a relatively new phenomenon in Indonesia but it shows a higher level of consumption in recent years. This situation is in line with the unavailability of adequate drinking water supply, particularly in urban areas. The presence of bottled water, therefore, seems to be the answer to drinking water needs that are suitable for consumption. According to Hadipuro (2010), the emergence of bottled water business in Indonesia began in 1973 when a company called AQUA emerged. Aqua business has been gone through its ups and downs. In 1978, the business began to flourish. This success happened because the business could reach the bottom-class market potential which was untouched by local water supply company (PDAM/Perusahaan Daerah Air Minum). Since then, the community's dependence on bottled water has been increasing and there has been an increasing number of bottled drinking water companies in Indonesia. In 2000, 17.2 percent of the total population used piped water and in 2004 the number increased to 17.96 percent. Over four years, the average annual growth rate of bottled drinking water production

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from 2000-2004 was accounted for about 25 percent (Hadipuro, 2010: 477). These data show that slowly but surely, the existence of bottled water is getting stronger with the increase of public consumption of it, while on the other side the existence of piped water from PDAM can be said to be stagnant or not developing. The following chart shows the growth of bottled water industry in Indonesia. It shows that the production volume of bottled water companies has increased sharply from 1999-2004. This increase happened in the transition from the Suharto authoritarian period to the Reformation era. In this context, regional autonomy policies began to be introduced and the inclusion of various investments in water sector (especially bottled drinking water) in various regions in Indonesia began to develop during those times.

15 Volume of production 10 (in billion littre)

0 1999 2004 2009 2010 2011 2012 2013 2014 2015

Figure 5.1.The Growth of Bottled Water in Indonesia (Source: Aspadin, 2016)

The growth of bottled water with an average of 10-12% per year, is often considered a promising business in Indonesia. Even today, the shifts of bottled water consumers are becoming more visible; a few

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years ago its consumers come frommiddle to upper class, but now its consumers are spread among the lower middle class as well. Bottled water seems to be the answer to daily drinking water needs due to poor water supply by tap water provided by PDAM and unhygienic underground water as a source of drinking water, especially in urban areas. The existence of tap water is still a big problem in Indonesia. Statistically, only about 60% of Indonesians can access clean and healthy water and 11.79% in 2012, through tap water from PDAM which is spread in various regions in Indonesia. The number of those who consume water from PDAMs in recent times is seen to continuously declining. Conversely, there is a drastic increase in the last five years of bottled water consumers,as shown in Figure 5.2:

35 Bottled Water Protected Dug Wells 30

Borehole 25 Unprotected Dug Well

20 Protected Spring Percentage 15 Public Tap Unprotected Spring 10 River 5 Rain

0 Others

2001 2002 2011 2000 2003 2004 2005 2006 2007 2008 2009 2010 2012 Year

Figure 5.2.Percentage of Household by Drinking Water Sources (Source: Statistics Indonesia, 2013)

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The graph above shows the decrease consumption of tap water (plumbing) compared to bottled water, whose numbers continue to increase drastically since 2005 until now. It shows the dependence of Indonesian drinking water consumption on bottled drinking water. It may be one of the consequences of poor water supply by tap water provided by PDAM in various cities in Indonesia. Legally, the rules related to bottled water in Indonesia are under the Decree of the Minister of Trade and Industry No.705 / MPP / Kep / 11/2003. Referring to the decision, some requirements for bottled water products are as follows: 1. Indonesian National Standard (Standar Nasional Indonesia or SNI) No.01-3553-1996 is used as a standard for product quality. The company should be inspected with an accrediting agency at least once a year to check whether bottled water companies are in compliance with the standards. 2. The products should also meet the required specifications in the Ministry of Health Regulation No.907 / MENKES / SK / VII / 2002 on the inspection of drinking water quality. Bottled water products should perform a weekly test for e-coli bacteria, once every three months for chemical and physical components and once every four years for a radioactivity analysis to meet the requirements. 3. The producer should ask for an MD number (Makanan Dalam/domestic food) from the BPOM (Badan Pengawas Obat dan Makanan/National Agency of Drug and Food Control of Republic of Indonesia) or ML (Makanan Luar) office (for overseas food) when the product is imported from another country to ensure that the product is safe for human consumption. 4. The entire material used should be a food grade.

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5. Refillable water kiosks are prohibited from using 20 litre-bottle or gallon with different brand names placed on them. They are also prohibited from storing ready bottled/gallon water. Water kiosks should only fill bottles or gallons of customers when they bring their own bottle/galon to buy water. Therefore, the whole machinery and processes needed to produce drinking water are the same as to produce bottled water.

The existence of bottled water is often distinguished by refilled gallon water which also began to flourish in several cities in Indonesia. The most visible difference is that the production process of bottled water is concentrated in large factories and usually has large capital, while refilled drinking water is processed in small kiosks scattered in various cities in Indonesia. Its umbrella regulation is different from bottled water. If bottled water is under the regulation of Minister of Trade and Industry Decree No.705 / MPP / Kep / 11/2003, then refilled drinking water is under the regulation of Minister of Trade and Industry Decree No. 651 / MPP / Kep / 10/2004. Referring to this decision, drinking gallons and drinking water kiosks can be categorized as small scale industries. Requirements for producing refillable bottled water are mostly the same as those for bottled water companies. However, there are some differences which include: 1. There is no Indonesian national standard for refilled drinking water from refilled drinking water kiosks. 2. The regulation for drinking water quality insurance is the same as for bottled drinking water. 3. Water quality checks are within the jurisdiction of the province and city. Since the cost required to inspect all water kiosks is somewhat substantial and depends on the provincial and city

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budgets, checks are usually done once a year using a sampling method (not all drinking water kiosks are checked). 4. If for bottled drinking water companies, tests for the quality of drinking water should be reported once a year, the requirement for refillable drinking water kiosks is once every six months. 5. Refilled drinking water kiosks are prohibited from using 20 litre- bottle or gallon with other companies brands placed on them. They are also prohibited from storing bottled or gallon-ready bottled water. Water kiosks should only fill bottles or gallons for customers when the customers bring their bottle or gallon to buy water. Therefore, the whole machinery and processes needed to produce drinking water are the same as for bottled water.

The apparent difference between these two types of bottled water is that according to the existing regulation, it can be distinguished that bottled water is a big-scale bottled water industry, while refilled drinking water is a small-scale industry. In addition, the existence of the SNI policy for bottled water makes bottled water business looks more profitable. This is because, indirectly, the standardization policy raises the image that bottled water is the most feasible water to be consumed for consumers compared to other drinking water (for example tap water, water wells, and others). This situation has made people to increasingly choose bottled water as their water consumption than drinking water from other sources. It can be summed up that both bottled water and refilled drinking water appear to have significant increasing number of production and consumption in the last two decades in Indonesia, especially in big cities because of the PDAM failure in supplying clean water through pipes.

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5.2.5.After The Cancellation of Water Resources Law No.7/2004 After the cancellation of Water Resources Law No.7/2004 by the Constitutional Court on February 18, 2015, Law No. 11/1974 on irrigation was re-enacted to fill the legal void. Although this law is considered irrelevant to the current state of affairs considering the fact that the current social reality is very different from the past when the law was enacted, the new law is expected to be issued soon. However, some jurists thought that the decision to invalidate Law No.7/2004 was considered quite progressive in dismissing the legalization of liberal economic practices in the field of natural resources, especially water, in which Law No.7/2004 has caused people to lose their right for water as a fundamental right guaranteed by the constitution (Nurlinda, 2015). Until this writing was made, the new law to replace Law No.7/2004 has not yet been issued. It has been almost three years since the law was cancelled, but the new replacement law has not yet been published. Nevertheless, the Constitutional Court has explicitly given the idea that the use of water resources for the daily needs of the community should be the main priority.

5.3.Summary This section describes the development of water resources management policies at both the global and national/local context. The 1992 Dublin Declaration was a global momentum that places water as an economic good that could be commodified. The impact of this perspective influences water policy at the national level, as well as in Indonesia. The context of birth of Water Resources Law No. 7/2004is inseparable from the main influence from the perspective that water is an economic good that can be commodified. The law, which was widely considered to be thick with privatization, was finally cancelled by the Constitutional Court of the Republic of Indonesia in 2015, after

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receiving numerous protests from various civil society groups in Indonesia. At present,the new law-making process is still underway. Also, this section also examines the phenomenon of bottled water and its position in water resources policies/regulations in Indonesia. In the context of bureaucracy, in contrast to the arrangement of irrigation water and piped water which is under the authority of Ministry of Public Works and Spatial Planning, the regulation of bottled drinking water in Indonesia is more coordinated within the Ministry of Industry and Trade. Differences in scope and coordination at various levels will indeed cause problems, especially when we talk about managing water resources integrally.

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CHAPTER 6 CONFLICT AND COMMODIFICATION OF WATER IN KLATEN

This section will discuss the conflict and contestation of water use in Klaten Regency. Generally, this section will be divided into several subchapters covering the chronological aspects, types, actors and the power relations between them regarding water conflict in Klaten.

6.1.Competing for the Access of Water Spring It has been mentioned previously that Klaten is a region with rich water. Situated on the slopes and at the foot of Mount Merapi in some areas, Klaten holds many potential sources of water. Based on several existing sources, the number of springs in Klaten regency is around 100 springs, scattered throughout the sub-district. However, the number of these springs varies from one region/sub-district to another. However, it can be said that the number of springs is decreasing over time caused by various factors. One of the reason is caused by the overexploitation of excessive natural resources (sand mining) in the catchment area on the slopes of Mount Merapi (Kasam in Amrtya Institute, 2009: 60). Another argument says that some of these springs were also damaged in the aftermath of the devastating earthquake in May 2006 that occurred in the Special Region of Yogyakarta (DIY) and some parts of Central Java Province (especially Klaten Regency). However, data from the Public Works Ministry of Klaten Regency shows that the number of springs in Klaten Regency is 174. The data below shows the distribution of the number of springs in each sub-district in Klaten.

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Table 6.1 The Distribution of Spring per Sub-district in Klaten

No Subdistricts Number of Springs 1 Prambanan 11 2 Gantiwarno 5 3 Wedi – 4 Bayat 4 5 Cawas – 6 Trucuk 2 7 Kalikotes 11 8 Kebonarum 14 9 Jogonalan 6 10 Manisrenggo 24 11 Karangnongko 17 12 Ngawen 16 13 Ceper 8 14 Pedan 2 15 Karangdowo – 16 Juwiring – 17 Wonosari 1 18 Delanggu – 19 Polanharjo 6 20 Karanganom 8 21 Tulung 24 22 Jatinom 3 23 Kemalang 2 24 Klaten Selatan (South 5 Klaten) 25 Klaten Tengah – (Central Klaten) 26 Klaten Utara (North 5 Klaten) TOTAL 174

Source: Public Work Department of Klaten Regency (2014)

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The table above shows that quantitatively, Tulung and Manisrenggo sub-district has the largest number of springs. However, from the amount of water discharge, Tulung and Polanharjo sub- districts have the potential of the largest amount of water discharge. Table 5.2 shows the "biggest" springs in Klaten based on water discharge. Table 6.2 The Biggest Springs in Klaten

No Name of the Spring Location Average Village Subdistrict Discharge (l/second) 1 Ingas Cokro Tulung 1300 2 Ponggok Ponggok Polanharjo 860 3 Doyo Wunut Tulung 322 4 Pelemnganten Janti Polanharjo 250 5 Kapilaler Karanglo Polanharjo 244 6 Genengan Gemblegan Kalikotes 177 7 Pokak Wadon Pokak Ceper 120 8 Nilo Daleman Tulung 100 9 Jeblokan Ponggok Polanharjo 85 10 Susuhan Manjungan Ngawen 80 11 Karangasem Kujon Ceper 79 12 Waduk Rowo Jombor Krakitan Bayat 73 13 Bantengan Candirejo Ngawen 75 14 Sigedang Ponggok Polanharjo 69,5 15 Ipik Danguran Klaten 65 Selatan Source: Spatial Land Use Planning of Klaten Regency (2011)

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Located at the altitude of about 200 meters above sea level and located at the foot of Mount Merapi, Tulung and Polanharjo sub- districts can be said to be the richest area of water resources in Klaten Regency based on the table above. In addition to springs, in the region of Klaten also flow various rivers that empty into the Bengawan Solo River, flowing south of Klaten Regency. As many as 80 rivers recorded with various classifications (called as Ordo) from the main river to the Ordo I, II, and III flow in the region of Klaten Regency. There is one main river that is Bengawan Solo flowing from Wonogiri regency to various cities and regencies in East Java. Part of the Bengawan Solo River that administratively included in Klaten area is only 8.5 km of flow length. Meanwhile, there is one river that matches the classification of Ordo I, which is Dengkeng River with a flow length of 40.7 km. The rest are rivers which fall into the classification of Ordo II and III (BPS Klaten, 2017). One of the rivers that flows around the various springs in Tulung and Polanharjo Sub-districts is Pusur River, which is classified as Ordo II with a flow length of 30km. This river even also gets water overflow from Ingas/Cokro Tulung spring. Pusur River became one of the main irrigation sources in its downstream area through various irrigation canals and dams, which include Delanggu, Wonosari, and Juwiring sub-districts. In addition to water coming from Pusur River, farmers in the downstream area get irrigation sources from Umbul Ingas, Umbul Sigedang, and especially draw water from wells in the dry season. The number of springs in Klaten Regency - concentrated in the sub-districts of Tulung and Polanharjo - has encouraged the utilization of these large springs for various economic interests, ranging from agriculture, fisheries, water tourism to bottled water industry. Springs,

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with the largest debit (1300 liters/sec) in Klaten and located in Tulung Sub-district, for example, have been utilized for water tourism, some also have been used for drinking water sources (Local Water Supply Company/PDAM) in Surakarta since the Dutch colonial era (circa 1930s). Umbul Ponggok,which is located in Ponggok Village, Polanharjo Sub-district, is the second largest batch (with a discharge of 860 liters/sec). Besides being utilized for irrigation and drinking water for PDAM Klaten, currently it has also been developed as a popular tourist destination in Klaten. Map 6.1.below shows several large springs around Polanharjo and Tulung sub-districts. The map also shows the location of water borehole and packaging water treatment plants of PT.Tirta Investama (TI).

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Map 6.1.Some of The Big Springs in Polanharjo and Tulung Sub-districts (Source: Rupa Bumi Indonesia (RBI), editor: Sukmawijaya and Trinugraha,2018)

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Besides Ingas and Ponggok Springs, there are also Sigedang and Kapilaler Springs in surrounding areas of Polanharjo and Tulung Sub- districts. These two springs are about 500 meters from Ingas/Cokro Springs and 800 meters from Ponggok Spring. The situation around Sigedang Spring is chosen by PT.TI to be the location for their water exploitation for Aqua’s raw drinking water. After going through the feasibility study in early 2000, PT TI and their consultants chose these locations for some reasons i.e. large debit, relatively far from the settlement, and not located in a tourist spot (means the price of land around it is still considered cheaper than the others at that time). Other reasons are also due to the easy transfer of land ownership (because the property is owned by the local village government), and relatively has a smaller social risk (Wahyuni, 2007: 59-60). The status of the land ownership up to now belongs to PT.TI.

Figure 6.1. Umbul Sigedang in Ponggok Village (Photo by Trinugraha,2015)

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PT.TI does not draw the water exactly from Umbul Sigedang Spring in Ponggok Village and Umbul Ingas Spring in Tulung Village, but its position is between these big springs. PT TI creates a shallow- drill well which is about 100 meters from Sigedang Spring or about 400 meters from Umbul Ingas. The drilling point is located in the distressed aquifer layer between the two springs. This water source is estimated to be able to produce water discharge of 6,307.2 million litersper year (Wahyuni, 2007: 60). The conflicts of water use in Klaten started since the 2000s. Since the Reformation era that started in 1998, the decentralization era (regional autonomy) has begun. Each region competes to increase investment in their respective regions. Since 2002, Danone, a multinational company holder of PT TI,a local company, started to produce bottled water. Klaten is only one of 15 other factories in Indonesia. The factory is situated in Wangen Village and the water source is in Ponggok Village, both are located in Polanharjo Sub-district, Klaten Regency. PT.TI occupies a total area of 155,836 m2, consisting of 53,023m2 of factory’s physical building and the other 102,813 m2 is an open building. PT TI has a total of 897 employees (interview with AT, June 15, 2015). In the context of regional autonomy in Klaten Regency, the presence of bottled water companies has made a significant contribution to the local revenue of Klaten Regency. According to research reports by Amrta Institute and Tifa Foundation (2009), the percentage of water revenues from the local revenue of Klaten Regency was between 13-15% in 2006-2008. This percentage is relatively high compared to other districts or cities in Indonesia, especially Java. Probably a higher number can only be found in Sukabumi District, West Java Province. In this region, the percentage of revenues

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from the water sector was 22% in 2008. There are also various drinking water companies located in Sukabumi Regency. In addition to PT.TI producing Aqua, there are also at least 20 other bottled water companies operating in the region. Apart from that, in the context of Klaten Regency with the percentage above, it also shows that PT. TI, which produces bottled drinking water has an important position in rebuilding the local revenue of Klaten. It can be said that the largest water user in Klaten area besides agriculture irrigation are PDAM Surakarta and PDAM Klaten, and the bottled water company of PT.TI. Others beneficiaries are the local tourism sector (with various forms of water tourism around Polanharjo and Tulung Sub-districts), aquaculture, as well as some small and medium-businesses that draw water from some springs in Tulung and Polanharjo Sub-districts and distribute and sell it to several areas, especially in urban area and some other area that experience water shortage. The high number of water use for various purposes has brought up a situation in which Klaten Regency -- although the region is rich in water -- has a high water deficit compared to other regions/regencies in Central Java Province. This situation is reflected in the research of Nugroho (2007) which explains that Klaten Regency is one of the regions with the highest water deficit. Data from BAPPENAS (National Development Planning Agency) as cited by Nugroho, show that some regencies/cities in Central Java are experiencing water deficit. This can be seen in Table 6.3.below:

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Table 6.3 Regencies and Cities with Medium and High Water Deficit in Central Java Province

No Regencies/Cit River Area Number of Deficit Month Maximum Deficit (m3/s) ies The Name of River Percentage of 2005 2010 2015 2020 2025 2005 2010 2015 2020 2025 Basin Area River Basin Covering Regencies/Cities

1 Magelang Progo-Opak-Oya 96.90% 7 7 7 7 7 -25.85 -26.2 -26.59 -27.05 -27.57

Jratuneluna 0.40% Serayu 2.60% 2 Klaten Progo-Opak-Oya 2.00% 8 8 8 8 8 -32.58 -32.63 -32.71 -32.83 -32.99

Bengawan Solo 98.00% 3 Sukoharjo Bengawan Solo 100% 6 6 6 6 6 -16.64 -16.66 -16.67 -16.75 -16.91 4 Karanganyar Bengawan Solo 100% 7 7 7 7 7 -18.44 -18.27 -18.14 -18.04 -17.91 5 Sragen Jratunseluna 25.90% 7 7 7 7 7 -20.77 -21.17 -21.66 -22.7 -23.03

Bengawan Solo 74.10% 6 Blora Jratunseluna 44.70% 6 6 6 6 6 -12.94 -13 -13.07 -13.14 -13.22

Bengawan Solo 55.30% 7 Pekalongan Pemali-Comal 99.80% 6 6 6 6 6 -11.48 -11.56 -11.67 -11.8 -11.94

Serayu 0.20% 8 Kota Semarang Jratunseluna 100% 6 6 6 6 6 -2.58 -3.2 -4.05 -5.2 -6.76

9 Pekalongan Pemali-Comal 100% 6 6 6 6 6 -1.1 -1.18 -1.27 -1.38 -1.51 10 Temanggung Jratunseluna 41.00% 5 5 5 5 5 -19.13 -19.25 -19.37 -19.51 -19.66 Source: BAPPENAS as quoted by Nugroho (2007)

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The table reveals the data and predictions that Klaten Regency experienced the highest number of months of water deficit (with an average of 8 months) as well as the largest volume of the deficit (with an average of 32%) compared to other regions. The water deficit here means a lack of water availability for various purposes of water use; from irrigation water, drinking water, and for other daily needs. It is very ironic as we know that Klaten is a region which is rich in water resources and has long been known as one of the highest rice producers in the Central Java Province. Nugroho further said that at present almost all cities and regencies in Central Java Province also have drinking water deficit as well, however some cities and regencies that are considered experiencing the highest deficit are Magelang, Klaten, Sragen, and Semarang. Specifically, in terms of drinking water availability, Klaten Regency also experienced deficits, as shown in Table 6.4.

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Table 6.4 Regencies/Cities in Central Java Province that experience drinking water deficit (prediction)

No Regencies/ River Area Water Drinking Deficit (m3/second) Cities Name of Perce 2005 2010 2015 2020 2025 River Area ntage of River Basin Cover ing Rege ncies/ Cities 1 Magelang Progo-Opak- 96.90 -0.09 -0.35 -0.63 -0.94 Oya % Jratunseluna 0.40% Serayu 2.60% 2 Klaten Progo-Opak- 2% -1.42 -1.39 -1.36 -1.33 -1.3 Oya Bengawan 98% Solo 3 Sragen Jratunseluna 25.90 -0.3 -0.083 %

Bengawan 74.10 Solo % 4 Semarang Jratunseluna 100% -0.11 -0.55 -1.06 -1.63 City

Source: BAPPENAS as quoted by Nugroho (2007)

The table shows that Klaten became one of the regencies with the highest drinking water deficit in Central Java Province. Although drinking water here is also related to the existing infrastructure, especially the pipeline network of PDAM, in the context of Klaten as a region rich in water, it becomes ironic because they also supply their drinking water to another city (Surakarta). It makes no sense. The occurrence of water deficit in Klaten Regency (both for irrigation water and drinking water) shows that there are problems in managing the water resources in Klaten Regency. There is an imbalance of access in distribution and allocation of water resources

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among water users. It can also be said that the presence PT TI as a bottled drinking water company has a great role because they draw water in the area around the springs in Polanharjo Sub-district in large quantities. On the other hand, irrigation water for farmers in the downstream area is considered inadequate.

6.2.Actors in Water Conflict As a water-rich area, Klaten holds potential conflicts in the use of water. Potential and events of conflict have emerged especially after the Reform era (around the 2000s). Broadly speaking, the actors involved in the conflict can be distinguished as 'place-based actors' and 'non-place based actors' (referring to Blaike 1995 and Bryant 1997). Place-based actors can be said to be actors directly involved in conflicts over water resources, especially those who domicile/live in areas where the conflict takes place. Meanwhile, non-place based actors are those who are involved in the conflict, but do not domicile/live in the local environment of the conflict. The following section will lists the various actors (both place- based and non-place based) involved in water resources conflicts in Klaten Regency. It can be said that the actors involved in the conflict are government, private companies, local NGOs, university/research institution and farmers.

6.2.1. Government It can be argued that in the context of Klaten, local government has an important role due to their permission to private companies for water exploitation (in this case the bottled water company, PT.TI). After the Reform and decentralization era, various local governments in Indonesia compete to bring investment to their respective regions. The investment will increase local revenue. The government has

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several levels, ranging from the government at the district/municipal level to various departments/agencies, to the village level (the head of village head and its staff). Klaten Government is also involved in the conflict with the neighboring city of Surakarta concerning the drawing of water from Ingas/Cokro Spring in Klaten by PDAM Surakarta. While at the lower levels of village administrations in Klaten Regency (especially in the villages surrounding the location of PT.TI), there had been tension between PT TI Danone and the villages related to the demands of CSR (corporate social responsibility) funds for their villages. There were several demonstrations conducted by village officials (along with the villagers) demanding the same amount of CSR funds among all villages in Polanharjo Sub-district. Previously, CSR funds for two villages in the "first ring" (the name of the villages whose locations are the location of the factory and the water drawing by PT. TI, namely Ponggok and Wangen Villages) were larger than other villages. The next level, the national government in Jakarta can also be said to be one of the actors, especially the institutions/departments related to water policy. Those included in this matter are mainly Ministry of Public Works and Ministry of Agraria and Spatial Planning, as well as Ministry of BUMN. It can not be stated that the involved actors at the national level are single actor because various policies are related and overlapped amongvarious institutions and ministries. For example, the irrigation water policy is under the authority of Ministry of Public Works, while the policies and regulations on bottled water are under the authority of Ministry of Industry, while the water supply policy of PDAM is coordinated between Ministry of Public Works and local government. It can be said that although there are various levels of government actors, in fact those directly involved in water conflict in

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Klaten is mainly the government of Klaten Regency itself. The government BOX. 5.1. institution in Klaten Regency actually Article 16. The authority and responsibilities of includes many actors (i.e. certain regent/municipal government consist bureaucrats or officials) who directly or of: a.The stipulationof water resources indirectly are responsible for the existence management policies in the area based on national water resources policies of water sources and their uses in Klaten; and provincial water resources policies by taking into account the interest of for example the Regent as the Head of the surrounding Region, the Office of Water Resources who regencies/municipalities; b. The stipulation of water resources is primarily responsible for irrigation management pattern in the river areas of the regency/municipality water, up to department of the regional c. The stipulation of water resources investment. management pattern in the river areas of the regency/municipality by taking In the context of regional autonomy, into account the interest of the surrounding regencies/municipalities; Water Resources Law No. 7/2004, d. The stipulation and management of conservation areas of water resources specifically article 16-18, has regulated in the river areas of the the authority and responsibility of regency/municipality; e. The implementation of water districts/cities as well as village resources management in the river areas of the regency/municipality by authorities in managing water resources. taking into account the interest of the As stated in the Box 5.1., the regent/head surrounding regencies/municipalities; f.The regulating,stipulating and of region is the actor who plays a major granting of licenses for the provision;designation,use,and role and is directly involved in the operation of groundwater in the area and water resources in the river areas issuance of various business and of the regency/municipality; investment licenses (both domestic and g. The formation of water resources board or by any other names at the foreign) that will operate in his area. In regent/muncipal level and/or at the river areas of the regency/municipality; the context of water management, article h. The fulfillment of minimum daily 16 section f as seen in box 5.1., states that need of water for the people in the area; and the authority of the regional government/ i. The maintenance of the effectiveness,efficiency,quality and head of region is to regulate, determine, discipline of the realization of water resources. and permit the provision of

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allotments,use, and exploitation of BOX 5.2. groundwater in its territory and water Article 17. The authorities and responsibilities resources in the river area in a of the village government or as district/city. referred to by any other names, consist of: In addition to the regent, another important actor is also the local village a. The management of water resources in village area that has head where the location of a business or not been implemented by the investment operates. As seen in Box 5.2., people and/or higher level government,by considering the the authority of the village government principle of public interest; includes the management of water b. The maintenance of the effectiveness, efficiency,quality resources in the village area by and discipline of the considering public interest. Besides that, implementation of water resources management under its authority; the village government is also authorized c. The fulfillment of minimum daily need of water for the village in terms of maintenance and fulfilment of people in accordance with the the minimum daily basic needs of water existing water availability;and d.Taking into account the interest for villagers. of other villages in the From the two articles of the Water implementation of water resources management in the area. Resources Law, we can see that the local . government (in this case the regent and mayor) and the village government have a strategic position and are very important in the management of water resources in the region. However, the actor who determines the permission to operate a particular business concerning water exploitation is the local head of the regency/cities (regent/mayor). Based on the diversity of government actors involved in the conflicts of water use in Klaten Regency, the following table will try to describe government actors who are directly or indirectly involved in the conflict,both place-based and non-place-based.

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Table 6.5 Government actors related to Water Conflict in Klaten

No Government Role and Engagement in Water Type Actor Conflict 1 Ministry of Implement policies and responsible Non- Public Works for the implementation of Water Place Resources Law and its derivative Based regulations at the national level Actor 2 Governor of  Makes policy and implements Non- Central Java them, based on Water Place Province Resources Law at the Based Provincial level Actor  Gives indirect permission to operate for PT TI in Klaten Regency  Mediates conflicts between Klaten Regency government and Surakarta City Government about the contribution that the City Government of Surakarta has to give for water drawn from Ingas Cokro and Tulung Springs in Polanharjo Sub- district, Klaten. 3 The Regent of  Makes policy on the use of Place- Klaten (Bupati water resources and Based Klaten) implements them(according Actor to Water Resources Law) at the district/regency level

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 Responsible for issuing the permits for the establishment of PT TI’s Plant in the Klaten Regency.  Indirectly responsible for the sustainability of PDAM Klaten 4 The Mayor of  Makes policy on the use of Non- Surakarta water resources and place (Walikota implements them(according based/ Surakarta) to Water Resources Law) at place- city level. based  Indirectly responsible for the Actor survival of PDAM Surakarta 5 The Head of Responsible for the sustainability Place- Water and availability of water resources Based Resources (especially irrigation) in Klaten Actor Division of Regency Klaten Regency 6 The Head of Gives permission and contributes to Place- Ponggok the smooth operation of the bottled Based Village water company (PT TI) in drawing Actor water in his area 7 The Head of Gives permission and guarantees Place- Wangen Village the smooth process of establishing a Based bottled water plant in his area. Actor

Source: Own elaboration (2018)

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Based on the table above, the non place-based government actors are; 1) Ministry of Public Works, representing the national government in matters relating to the management of water resources 2) Governor of Central Java Province 3) Surakarta regional government. They indirectly play a role in policy making and management of water resources in the region. Meanwhile,the place- based government actors are the Regent of Klaten, the Water Resources Management Office of Klaten, and the government at the lowest level, namely the head of Ponggok village and Wangen in Polanharjo Sub-district, Klaten.

6.2.2. Companies The private sector is the bottled drinking water company of PT TI, PDAM Klaten and PDAM Surakarta. These PDAMs have a status as Regional Owned Enterprise (Badan Usaha Milik Daerah/BUMD) and PT TI is one of the multinational companies which produce the bottled water labelled Aqua, which has several factories in Indonesia. One of them is located in Klaten Regency, which operated since 2002. PT TI’s plant is located in Ponggok and Wangen Village, in Polanharjo Sub-district. They precisely drilled a well near the Sigedang Spring (umbul) located in Ponggok village. This exploitation of water is thought to lead to reduced irrigation water discharge in downstream areas such as Juwiring and the surrounding areas. As stated earlier, PT TI is currently one of the companies of Danone corporation with its headquarter based in France. As of 2015, it has 16 factory locations throughout Indonesia (namely in Java, Sumatra, Bali and Sulawesi). Klaten Regency is one of the factory/plant locations. PT TI originally was a local bottled water company called PT Aqua Golden Mississippi under PT TI and owned by a local businessman named Tirto Hutomo. The company then

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bought by Danone, a Multi-National Company corporation from France since 1998. Since then, the Aqua Danone bottled water product has been launched, and currently controls 50 percent of the bottled water market in Indonesia. The following figure shows the location of the PT Aqua Danone spread in Indonesia.

Map 6.2. PT TI Danone’s Bottled Water Factories in Indonesia (Source: PT TI ,2015)

It can be seen from the map that out of 16 factory locations in Indonesia, 11 of them are in Java. From the 11 factories in Java, one of them is in Klaten Regency. The concentration of factories in Java Island shows that even though Java Island has fewer groundwater reserves compared to other islands in Indonesia, it remains the main location choice for the establishment of factories. Perhaps this is caused by the reason that Java is not only the most populous island but also has better infrastructure compared to other islands in Indonesia.

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Meanwhile, other business actors involved in conflicts over water resources are PDAM Klaten and PDAM Surakarta. Both are owned by Klaten Regency and Surakarta City Government, respectively. PDAM Klaten draws water from around Ponggok Village in Polanharjo Sub-district, but the location is different from PT TI’s location of water exploitation. PDAM Klaten was established in 1977 with its legal foundation being Regional Regulation (Peraturan Daerah/Perda) No. 2/1977 and approved by Decree of Central Java Governor No. HK.057/P/1977 dated September 9, 1977. Its main duties and functions, as stated in its website are to support and realize the government program in the field of drinking water supply to improve the health of the Indonesian people in general and the people of Klaten in particular. Based on this task, it can be said that PDAM Klaten has an important (maybe even the most important) position in drinking water supply in Klaten Regency. However, it can be seen from the percentage of its reach that it may be small compared to the entire population of Klaten Regency. PDAM Klaten currently has a total of 39,894 drinking water customers and only covers 38.13 percent of the service coverage area of the total area of Klaten Regency

(http://www.pdamklaten.com/index.php/Profil/1). The small number of customers, apart from being caused by a lack of funds to expand the pipeline network, was also caused by the fact that most population in Klaten live in rural areas, which in many cases the adequacy of clean water is obtained through private wells in each house. The habit of taking water from wells in their area of residence has been done for a long time, and so far it tends to be considered cheaper than subscribing to PDAM water. Meanwhile, PDAM Surakarta draws water from Cokro Spring in Tulung Sub-district, a region that is administratively different from

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Sigedang and Ponggok Springs, but still close to each other. PDAM Surakarta has been drawing water from Cokro Spring since the 1930s (the Dutch colonial era) to be distributed to the community in Surakarta City. Historically Air Minum Surakarta (Surakarta Drinking Water) was built in 1929 by Sunan Paku Buwono X (one of the King of Surakarta Palace). After that, it experienced the transfer and management of the colonial era of the Dutch and Japanese, and then taken over by the Indonesian Government after the Independence Day of August 17, 1945. In subsequent developments, on April 9, 1960, the management was transferred to the Regional Level II Regional Office of Surakarta. Moving on to the New Order era, based on Regional Regulation No. 3/1977 the status of Drinking Water Section in the Regional Revenue Service was upgraded to the PDAM of Surakarta Regional Office. During the Reform era in Indonesia, on January 16, 2004, the Surakarta City issued Regional Regulation No.1/2004 concerning the Amandement to Regional Regulation No. 3/1977. Until now, the number of customers of PDAM Surakarta is 61,177 and has covered 80.94 percent of the service coverage area.

(http://www.pdamsolo.or.id). In terms of the number of customers and the extent of coverage, PDAM Surakarta has more customers and coverage compared to PDAM Klaten. This is because the characteristics of different regions, namely most (even the whole) area of Surakarta City is basically an urban area and only a very small percentage are rural areas. Residents in urban areas usually live in narrow houses and do not have a wide land/yard, so it is often not possible for them to obtain their own well water. They rely on PDAM water and lately the consumption of bottled water has also increased in various urban areas in Indonesia.

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As stated earlier, even though the source of raw water for PDAM Surakarta comes from several sources (both deep wells and surface water treatment located around Surakarta City), the largest percentage comes from Ingas Cokro Spring located in Tulung Sub- district, Klaten Regency. Water extraction carried out by Surakarta PDAM from Umbul Ingas Cokro Tulung, which is 387 l/s, as stated earlier, has caused tensions and conflicts between the Surakarta City Government (as the administrator of PDAM Surakarta) and the Klaten Regency Government (as the administrator of PDAM Klaten) lately. The course of conflict between the Surakarta City Government (which oversees Surakarta PDAMs) and the Klaten Regency Government occured in 2012 regarding the sharing of profits or divisions between the two local governments. A more detailed description of these tensions and conflicts will be described in the next subchapter. The three corporations above, namely PT TI Danone, PDAM Surakarta, and PDAM Klaten are companies engaged in drinking water treatment. If PT TI is purely a corporation, PDAM Surakarta and PDAM Klaten are not purely corporations because they are owned by the local government (Regional Owned Enterprise). Nevertheless, it can be said that the three of them are carrying out a process of water commodification in different ways, namely by producing bottled water for PT TI and tap water for PDAM Klaten and Surakarta.

6.2.3. Local NGOs and CBOs (Community-Based Organizations) In many cases,the terms Non-Government Organization (NGO) and Community-Based Organization (CBO) are two terms that are often complex and are used in different contexts. In this context, NGOs will be understood as a non-profit organization that is not dependent on the government or the private sector and is concerned about certain issues, in this case, the environment. Meanwhile,CBO is better

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understood as people’s own initiative that works to foster public consciousness of something. There are two categories of NGOs in this case. The first group was more criticizing and challenging the privatization and commodification of water in Indonesia, including the inclusion of a bottled water company. They also questioned the presence of PT TI and considered PT TI as the cause of the reduced springs in the downstream region. The second group is those who work with corporations primarily to run CSR programs from PT TI. Those included in the first category are Koalisi Rakyat untuk Keadilan (KRAKED)/People's Coalition for Social Justice and Wahana Lingkungan Hidup Indonesia (WALHI)/The Indonesian Forum for the Environment who conducted intensive demonstrations throughout 2003-2005 to reject PT TI's presence in Klaten. There were also some local NGOs incorporated in KRAKED during the 2003-2005 movement. As stated earlier and will be explored further in the next section, KRAKED is an alliance/group of various elements of civil society in Klaten that aims to protest and sue the presence of PT TI which is considered to have caused drought in irrigation water downstream. KRAKED itself existed around 2003-2005. It can be said that KRAKED is a form of Community Based Organization because it was formed at the initiative of various civil society groups in Klaten. WALHI is a national NGO that has long been established and has a concern on environmental issues in Indonesia. As an organization, WALHI has long been formed and has branches in various regions in Indonesia, including Central Java. The rest of NGOs are those who are involved in PT TI‘s CSR programs. CSR programs are run not only by one NGO, PT TI has several partners. At present, those are involved in CSR programs are Rural Technology Development Institute (Lembaga Pengembangan Teknologi

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Pedesaan/LPTP) and Gita Pertiwi from Surakarta, and Lestari. Before the three NGOs, PT TI had collaborated with other local NGOs in 2010-2012, namely with Bina Swadaya and Yayasan Sejahtera (YIS). As a note, it is interesting that several NGOs who had previously opposed the presence of PT TI then for some reasons turned to be a part and involved in CSR programs from PT TI. In general, it can be said that the NGO’s position has always been among farmers/villagers, corporations, and the government. As a bridge in the middle, it has the potential to be a mediator of various water conflicts that arise. However, these positions are often contradictory or dilemmatic, because at various levels they are unable to become independent, both economically and politically. This situation will be explained further on the next subchapter.

6.2.4. Farmer and Villager Included in this group are farmers and villagers both in the downstream area as well as the farmers around the springs and factories of PT TI. These farmers and villagers, both in the downstream and the upper part (around the spring and the location of the bottled water plant), are located around the Pusur River Basin area (Pusur Watershed) which flows for 30 kilometers, starting from Boyolali Regency to the southern end of Klaten Regency. These farmers and NGOs voiced their rejection of PT TI's presence because PT TI is considered as the cause of reduced irrigation discharge in the territory. Farmers in the downstream areas are mainly farmers who grow rice in the ricefield. Within a year there are three growing seasons, which in general during the three seasons the downstream area is mostly planted with rice. In some locations in the upper areas, there are some areas planted with crops, especially in the

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third growing season. These downstream farmers cover several sub- districts in Klaten such as Juwiring, Wonosari, Ceper, and Trucuk. Based on statistical data, the average area of paddy fields owned by agricultural households in Central Java Province was 0.37 ha in 2013. It can be said that the majority of farm households in Central Java (including Klaten Regency) are small farmers with a large area (Official Statistics, Statistics Indonesia of Central Java, 2013). Farmers and villagers involved in this conflict, in addition to those in the downstream area, also involve those in the upstream area (the top). Farmer groups and villagers in the upper area around the factory protested PT TI, especially in relation to the CSR funds that are considered not equal among many villages in Polanharjo Sub- district. Those who demand the same amount of CSR funds are farmers and residents who come from villages that are not in "the first ring" (three villages are located in the location of the wells and factories of PT TI), but are still in the Polanharjo Sub-district. Also, there are community groups who reject the presence of PT TI which is considered to be the cause of damage to the road with the presence of transporters/goods transporting in and out of the factories around their village. In short, it can be said that farmers and villagers are divided into two different groups with different issues and demands to PT TI. Nevertheless, both groups have something in common, namely seeing the presence of PT TI as a "source of problems" for them. In voicing their protest actions, the farmers allied with local NGOs and various civil society groups. As mentioned earlier, the Coalition was named KRAKED and carried out its actions around 2003-2006. The protest of the community of farmers and the surrounding village apparatus against PT TI (with CSR funding demands) was carried out in 2012. Meanwhile, the protests that took place in 2014

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were carried out by residents of other villages around the factory who questioned the problem of road damage caused by trucks and transporters of Aqua bottled water. In this case, they formed AMGA (Aliansi Masyarakat Gugat Aqua/Alliance of Society Alleging Aqua). This will be explained in detail in the section below.

6.2.5.University/Research Institution An academic (hydrogeology expert) from one of the well-known state universities in Yogyakarta was involved in the formation of discourses around the presence of groundwater around Tulung Sub- district and Polanharjo which became the raw material for PT TI's production. Although it is difficult to say that the academician represents himself individually or represents his institution, in practice, it is also difficult not to see that his activities are not related to his institution. The academician was involved in a series of joint research projects with Danone specifically related to the presence and potential of springs on the slopes of Mount Merapi which are located between Boyolali and Klaten Regencies. One finding that was then often stated to the public was that the activity of drawing water by PT TI in the area around the spring in Polanharjo Sub-district was not related to the reduction of irrigation water in the downstream area. The findings of this study were repeatedly presented to the mass media and community groups who protested the presence of PT TI who considered PT TI was influential in reducing irrigation water in the downstream area. In this context, the results of research conducted by tertiary institutions/academics have been used as a reference and legitimacy by corporations to justify their activities. They argued that the corporation activities which have so far taken upstream water as bottled water (which in their claims is considered as underground

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water and not the surface water), is not related to or does not disrupt the irrigation water discharge in the downstream area. Even so, that is not the only voice from the academics. There is the opinion of other geologists (from different universities in Yogyakarta), who state that the opinions above are not necessarily true. ET, the name of the academician, argues that however, there is a connection between water exploitation activities in the upstream area by PT TI and the phenomenon of reduced irrigation supply in the downstream area, especially in the third planting season. A more detailed explanation of the differences in views and arguments of the two academics will be presented in the next subchapter. These two views indicate that the opinions among academics/ universities are different from each other in responding the water conflicts in Klaten. We could say that the position of universities/academics is always among the tensions between the interests of corporations, government, and society. In essence, in carrying out its functions and duties, universities can cooperate with all of three actors (government, corporation, and society), however, these three actors often experience dissent and conflict. If the academics/universities are not careful, their position often can be trapped in an ambiguous position or considered to defend one of the actors’s interests. In the following subchapter,the types and chronology of water conflicts in Klaten Regency will be explained in more detail.

6.3. Types and Chronological of Water Conflict in Klaten 6.3.1.The Conflict between Farmers and the Bottled Water Corporation As the fall of Suharto's authoritarian regime and the emergence of the Reform era in 1999, the era of regional autonomy and

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decentralization started. Various regions are vying to open investments in their respective regions, including Klaten Regency. Chronologically, the conflict began when PT TI Danone planned to build their plant in Klaten in 2002. On March 20, 2002, the head of the House of Representative and the Regent of Klaten signed a Memorandum of Understanding (MoU) with PT TI Danone. This MoU became the starting point of PT TI Danone's operation in Klaten Regency, precisely in Wangen Village as its factory’s location and Ponggok Village where the spring is located. Both are located in Polanharjo Sub-district, Klaten Regency. PT TI, formerly a bottled water company owned by a local company operating since the 1970s with its current market development, is now acquired by a transnational Danone company from France. They then controlled the land which was originally a tanah bengkok (land owned by village) of 1.25 hectares around Sigedang Spring in Polanharjo Sub-district, Klaten Regency, and added 2.75 hectares of land on the riverbank which was originally land purchased by theHead of Ponggok Village. The land is fenced off, and it is prohibited for anyone to enter the area. They have property rights over the land and its water source. Also, there is a factory where the centre of processing bottled water takes place, which is located about a few hundred meters from the location where PT TI drills wells near the Sigedang Spring. The plantation area in Wangen Village is about 10 hectares.

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Figure 6.2. The Plant of PT TI Danone in Wangen Village (Photo by Trinugraha, 2015)

Several years after PT TI operated, there were many complaints from downstream farmers because the supply of irrigation began to decrease. The Pusur River Basin covers an area of 6,624 hectares of farmland and stretches from Musuk Sub-district (in Boyolali Regency) to Wonosari Sub-district in Klaten Regency, and covers seven irrigation areas: Plosowareng, Taman, Wantil, Bagor, Dolikan, Bogem, and Jetak (Fibriantika, 2013: 7). The irrigation water is supplied from Pusur River, water source of Ingas/Cokro Tulung, Sigedang Spring, and underground water/well. The agricultural calendar system with three seasons should be “padi-padi-palawija” (rice-rice-secondary crops). However, farmers prefer to plant rice-rice-rice all year long because rice is more profitable than maize and industrial crops (Andriyani, 2017: 326). About twenty years ago, irrigation water in the downstream area was still sufficient to grow rice in the whole season. However, over the past fifteen years, the adequacy has decreased over time, especially during the third growing season (May, June, July, and August). The area of rice fields that can be planted in the third growing season is

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only about 25-30 percent of the total area, due to insufficient water availability. This is as expressed by a farmer in Juwiring Sub-district, who tries to compare the availability of irrigation water in his village that has changed for the last ten years. He said that this situation is not only caused by the damage of irrigation channels but also from the exploitation of water that has been done by the bottled water company and PDAM:

“Itu disebabkan dari adanya dampak dari dua hal, yaitu dampak dari pengambilan dari AQUA dengan PDAM, itu sangat memberatkan petani khususnya di sini. Itu dimulai sudah sejak sekitar sepuluh tahunan. Jadi sudah sekitar sepuluh tahunan ini kita merasa berat sekali untuk urusan air”.

("It is because of the impact of two things, namely the impact of the drawing water of AQUA and PDAM; it is very burdensome to farmers, especially here. It has already started for about ten years ago. So it has been about ten years that we feel very difficult to get water"). (Focus Group Discussion (FGD), May 8, 2017)

As a consequence of the shortage of irrigation supply in the village area, farmers claimed that their rice fields have now turned into rain-fed, that is relying on water supply from rainwater as the source of irrigation. In addition to being rain-fed rice paddies, they also rely on drilling wells for irrigation needs in their rice fields. As told by one of the farmers who are also the coordinator of Farmers Water User Association/Perkumpulan Petani Pemakai Air (P3A):

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“Itu kalau sekarang ada banyak sekali petani dengan terpaksa menggali sumur supaya bisa untuk mengaliri sawah masing- masing di musim tanam ketiga atau musim kemarau, kadang bahkan pada musim tanam kedua pun tidak ada air, bahkan pada musim tanam kesatu sekalipun jika tidak ada hujan ya sangat sedikit air. Di bagian Juwiring, Bulurejo, Knaiban, Bolopleret, Kwarasan, Tanjung dan beberapa wilayah lain untuk masa tanam satu pun sudah ada yang menyedot air. Itu jika permasalahannya dikarenakan tidak adanya hujan. Karena walaupun musimnya hujan kan belum tentu ada hujan, jadi air itu sangat tergantung dengan ada tidaknya hujan. Itu beberapa perbedaannya”.

("At the moment, many farmers are forced to dig wells in order to be able to irrigate their respective fields in the third planting season or dry season.Sometimes even in the second planting season there is no water.Even in the first planting season,if there is no rain, we would have very little water.They already have to suck for water in the first planting periodin Juwiring, Bulurejo, Knaiban, Bolopleret, Kwarasan, Tanjung and several other areas. That is the problem due to the absence of rain. Despite the rainy season, it is not necessarily raining every day, so the water is very dependent on the presence or absence of rain. That are some of the differences"). (FGD, May 8,2017)

The decreasing trend of water supply is felt from time to time by downstream farmers, especially in some villages that are mentioned above. Even in the first planting season,which is generally abundant in

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water (rainy season), they too have experienced water shortage if it does not rain for only one day. The situation that has taken place over the last ten years finally pushed various protests carried out by farmers, especially in the downstream area, that protested the presence of PT TI, which is considered to be the cause of the reduction of irrigation water in the region. In 2003-2004, various groups of farmers, NGOs, and CBOs formed an organization called KRAKED. The coalition conducted various demonstrations which essentially rejected the presence of PT TI. They mentioned that the areas experiencing irrigation water shortage cover seven sub-districts in Klaten Regency, namely Polanharjo, Delanggu, Ceper, Pedan, Wonosari, Juwiring and Karanganom (Tempo, December 15, 2004). The protest was carried out by farmers who joined KRAKED. This can be considered as an early movement from the downstream farmers in protest against the presence of PT TI in Klaten Regency. KRAKED is a combination of various elements of civil society (farmers, villagers, and some CBOs) and local NGOs in Klaten and Central Java districts, such as WALHI, PERSEPSI (Perhimpunan untuk Studi dan Pengembangan Ekonomi dan Sosial/The Association for Economic and Social Development Studies), and others. The lack of irrigation water supply in the downstream area is said not only happens during the dry season (third planting period), but also in rainy season. In fact, as a result of the reduced supply of irrigation water, there was also an altercation that led to horizontal conflicts among downstream farmers, fighting each other for water, and accusing others of being a water stealer (Koran Tempo, December 15, 2004).

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The farmers also argued that PT TI had violated the amount of water exploitation permit. The available water that they are allowed to take is 23 liters per second, but they took more, up to 86 liters per second, which was then reduced to 65 liters per second (Amrta Institute, 2009: 13). According to PT TI, at that time the company took water from bore wells around Umbul Sigedang of 61.5 liters per second with a well depth of 45 meters (interview with AZ, PT TI Public Relations Manager on June 15, 2015). The farmer‘s protest actions developed not only at the local level but also related to the issue of resistance to water privatization at the national level. Besides the case in Klaten, various cases are considered as water privatization in various regions in Indonesia, such as in Jakarta with the takeover of PAM Jaya to Thames Water & Lyonaise. In Sukabumi, West Java Province, the many numbers of bottled drinking water companies operated there resulted in difficulty forsurrounding residents toaccess clean water, and several other cases in other parts of Indonesia. Nevertheless, the protest action in Klaten Regency is not something continuous;it experienced its ups and downs. The next wave of protests took place in 2012. At that time the protests were carried out by villagers along with the village heads in Polanharjo Sub-district. Hundreds of people came to the office of PT TI to protest and voice their demands. The protest was voicing the presence of PT TI during that time that did not positively affect the welfare of the surrounding people/community. In this event, they also protested the CSR funds that was only granted to three nearby villages from the wells and factories of PT TI (i.e., Ponggok, Wangen and Karanglo Village), and did not cover other villages in Polanharjo Sub- district.

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Besides the distribution of CSR, other demands were also related to the distribution of labour, the environmental impacts of transportation vehicles, the impact of reduced water discharge, the environmental concern of the factory and the openness of PT TI and Klaten Regency about the retribution returned to Polanharjo Sub- district (Solopos, December11, 2012). As told by HS, the coordinator of the head of village community in Polanharjo Sub-district who coordinated the demonstration:

“Sebenarnya tuntutan kita lebih pada bagaimana keberlanjutan lingkungan di sekitar pabrik termasuk desa kita, dengan keberadaan PT TI yang terus mengambil air di sekitar wilayah kami. Kami tidak bicara angka atau uang sebenarnya, namun Pak Camat yang menegaskan soal angka itu. Akhirnya disepakati bahwa setiap desa di Kecamatan Polanharjo akan mendapatkan dana 50 juta per tahun sebagai bentuk CSR dari PT TI.”

"Our demands are more on the environmental sustainability of the surrounding areas of the factory including our village, with the presence of PT TI that continues to draw water from our region. We are not talking about numbers or the nominal of money, but the head of sub-district asserted the numbers. Finally, it was agreed that every village in Polanharjo Sub- district will get funds of 50 million per year as a CSR grant from PT TI." (Interview with HS, May25,2015)

HS further revealed that they initially demanded the amount of Rp 200 million/year for each village for the CSR fund. However, after

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negotiating with the company, it was finally agreed that an initial figure of Rp 50 million/year would be provided for all villages in Polanharjo Sub-district, with the grant increases in the following years. Each village mainly utilizes the funds for infrastructure development in their respective village areas, such as hardening or repairing village roads, or others. Meanwhile, the wave of protests after it occurred in 2014. At this time a group of people who call themselves AMGA, protested PT TI. The issue raised was about the destruction of infrastructure (roads) around the plant through which PT TI’s trucks are passing through. The company was regarded as the cause of damage to the village road. This action involved villagers around the factory who were considered harmed because the roads around the village were damaged by bottled water trucks from and to the factory site of PT TI’s plant. Although according to some parties it was said that the protestwas actually motivated by the interests and competition for the transport service provider of bottled drinking water from PT TI, but the action ultimately also involved the government (in this case the Department of Transportation) related to the arrangement of local road (interview with HS, 25 May, 2015).

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Figure 6.3. Demonstration by Villagers in 2014 (Source: http://foto.metrotvnews.com)

Based on interviews with the government officialls from Regional Economy Section of the Regional Secretariat/Bagian Perekonomian Sekretariat Daerah (Setda) of Klaten Regency, they stated that when PT TI established its first factory in Klaten, they admitted to not preparing and did not anticipate that the road class around the plant was not feasible for transporting bottled water which goes in and out every day on the road with heavy loads.

“Ya memang kita dulu waktu Aqua mulai masuk di sini memang tidak mengantisipasi atau berpikir sampai ke sana. Soal kelas jalan dan sebagainya.”

"Yes indeed we were, when Aqua started coming here we did not anticipate or think about the class roads and so on. " (Interview with SH, June 1, 2015).

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The recognition of one of the government officials shows that the absence of planning from the beginning of the establishment of PT TI plant is mainly related to environmental sustainability around the factory. This is the cause of road conditions around the plant, which was also the road for the villagers in the vicinity, to be damaged. Meanwhile, if the road maintenance is charged to the government, they will not have enough budgets. Therefore, the Klaten government also asked the corporations involved to take responsibility in repairing the road as well. In the development of this case of conflict, also emerged a rival alliance group who calls themselves AMPAQ (Aliansi Masyarakat Pembela Aqua/The Defenders of Aqua Community Alliance). The alliance consists of village heads and villagers of Polanharjo Sub- district (surrounding the factory site of PT TI) along with PT TI factory workers and free workers. They did a "counter-action" to defend PT TI which has been widely criticized and attacked by several community groups including AMGA. They reasoned that the frequent demonstrations against PT TI caused some of those who worked as ordinary workers in the factory to become unproductive and being placed in a threatened position. In other words, these demonstrations indirectly disturb their daily activities and lives(Timlo.net, October 31, 2014). Furthermore, conflicts and tensions later developed not only among companies, farmers and villagers but also among farmers and villagers themselves. Moreover, it can be said that the position of local government (district) ambiguous. On one hand they have been supporting thepresence of PT TI in Klaten, but on the other hand, in the context of road problems, the government also questioned PT TI's commitment to maintain the roads in its territory.

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In the end, the conflict resolution is not like the previously planned options, namely (1) Replace the transportation mode with the appropriate ones in accordance with the road conditions, or (2) Raise the road class according to the existing transportations. In the development then came the third option that "suddenly" appeared; that is just repairing the damaged road only. Of course, this option may be taken as a middle ground or compromise for all, but it is unlikely that the good road conditions will last long, because the mode of transport does not change. It can be predicted that the road damage will happen again in the next couples of months. We could say that this solution will not be sustainable and only solve the tensions and conflicts in a short-term basis (interview with HS, May 25, 2015). The summary of the various waves of protests of rural communities and downstream farmers especially against PT TI can be described on Table 6.6.

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Table 6.6 Summary of conflicts between Farmers/Villagers and PT TI No Period Description of Conflicts 1 2003-2004 The downstream farmers rejected the presence of PT TI because it is thought to have caused a decrease in water supply in irrigated areas, especially the downstream. The farmers who are members of KRAKED conducted various demonstrations of rejection in the area of Klaten Regency. 2 2012 Farmers and villagers around Polanharjo Sub- district, where PT TI’s plant is located, coordinated by the heads of villages demanded CSR funds that were considered fair and equal with other villages that have already been acquired (the nearest villages where PT TI operates). 3 2014 Farmers and villagers around the plant united as AMGA protested against PT TI, which is considered to have contributed to the damage of the roads with its transporter trucks. There was also a rival alliance to AMGA,called AMPAQ who supported the presence of PT TI and did not agree with AMGA.

Source: Own elaboration from primary data and media

It can be said that the wave of protests against the presence of PT TI which happens in the last decade in Klaten Regency has

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experienced its ups and downs. However, the wave of protests ultimately also merges with the national anti-water privatization movement voiced by various elements of civil society in various regions in Indonesia that reaches its peak in the cancellation of the Water Resources Law No.7/2004 which is considered liberal. Some downstream farmer activists of Klaten Regency or who have been incorporated in KRAKED, are also involved in the national anti-water privatization movement at the same time. Some of them participate in the struggle and witness in a trial for the cancellation of Water Resources Law No.7/2004 at the Constitutional Court in Jakarta which, after several stages; the law was revoked by the Constitutional Court in February 2015.

6.3.2. Conflicts between Klaten Regency Government and Surakarta City Government There are also conflicts and tensions between two local governments, namely the Klaten Regency government and the neighboring city, Surakarta City government. The conflict is related to the amount/value of contribution that must be given by Surakarta City government to Klaten Regency Government as a consequence of drawing water from the spring in Klaten. As explained in the previous chapter, since the colonial era, Surakarta City has taken water from Klaten Regency (i.e. from Umbul Ingas in Tulung Sub-district) for drinking water, which is currently managed by PDAM Surakarta. Even from the three sources of raw water used by Surakarta PDAMs at the moment, water drawn from Umbul Ingas/Cokro has the largest discharge of 387 liters/sec (about 40% of the total water required by PDAMs). While the other two sources, from some deep wells in the city of Surakarta and the drawing and processing of water

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from Bengawan Solo River, have fewer debits with 337.8 liters/sec and 201.36 liters/sec, respectively, as shown in Table 6.7.

Table 6.7 The Raw Water Source of PDAM Surakarta

No Raw Water Sources Amount of Area Covered Discharge 1 Umbul Ingas/Cokro 387. l/sec South of Surakarta Tulung, Polanharjo, City Klaten 2 Deep Well (22 units 337.80 l/sec North and Centre of in Surakarta City Surakarta City equipped with 5 Water Treatment Plant) 3 Water Treatment 201.36 l/sec Centre of Surakarta Installation (2 units City in Jurug and Jebres, Surakarta). The raw water comes from Bengawan Solo River Source: PDAM Surakarta (2017)

This situation indirectly makes Surakarta City highly dependent on water resources from Umbul Ingas in Tulung, Klaten Regency in fulfilling its drinking water supply. Water taken from Umbul Ingas Cokro Tulung is mainly used for the consumption of the

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people of Surakarta City in the south and west (as in Laweyan District and the surrounding areas). The relation between Surakarta City Government and Klaten Regency Government became heated when the water source was assessed as more economically valueable. The conflict that occurred in 2012-2013 was started from the plan of Klaten Regency Government to increase the tariff of water donation for the Surakarta City government. On the other hand, the city government of Surakarta felt that the increase was done unilaterally and burdening their local budgets. Finally, there is a tug of agreement on this matter. The lack of clarity of regulations and the existing legal umbrella made this conflict prominent, and there was a war of statements and threats in the mass media between Mayor of Surakarta (FX.Hadi Rudyatmo) and Regent of Klaten (Sunarno). On one hand, Surakarta City government felt to have given the amount of contribution according to the agreement from previous times. Such a contribution scheme in their view is referred to as a third party donation of approximately 1.5 billion rupiahs per year. On the other hand, the Klaten District government considered that the amount of contribution was too low, and at the same time they raise the basic tariff of water prices because they assume that water taken by PDAM Surakarta aimed to be commercialized (or for business purposes). The debate was also related to the status of Ingas Spring which is considered as surface water and not underground water. The difference in status, of course, has different consequences to the way of management and payment obligations/contributions are given. If it is surface water, the contribution will be given from Surakarta City Government to Central Java Provincial Government in accordance with applicable regulations.

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Figure 6.4. Ingas Spring/Cokro Tulung in Tulung Sub-district (Photo by Trinugraha,2015)

Before the conflict emerged, cooperation between the Klaten Regency Government and Surakarta City Government was not regulated by a strict agreement or MoU. During that time, the contribution provided by Surakarta City Government was referred to as third-party donations amounting to approximately Rp 1.5 billion per year. The legal basis of this policy is considered unclear especially by Surakarta City Government. For almost a year (in 2012) Surakarta City Government considered to stop their contribution to Klaten Regency Government. The amount of the arrears/debt is calculated to reach Rp 4.2 billion,according to Klaten Regency. It caused tension and conflict between government of Surakarta and Klaten. The mediation process has been carried out by involving the Central Java Provincial Government. Meetings have been facilitated by the Central Java Provincial Government as the government above them and in line with the applicable law or regulations.

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In the development, Central Java Provincial Government tends to justify the status of Cokro Tulung Spring as an underground water, therefore Surakarta City Government is required to give retribution to Klaten Regency Government. On the other hand, the Central Java Provincial Government asked Klaten Regency government not to impose a threat of terminating the water supply to PDAM Surakarta, as often stated by Regent of Klaten in mass media.

6.4. The Power Relations of Actors 6.4.1. The Relation between Corporations, Local Government, University, and Farmers The description of the actors involved in the conflict of water use in Klaten is mentioned above. This conflict is actually experiencing its ups and downs from time to time. However, until now, it can be said that the corporation still has a strong position and domination. With various facilities owned, corporations can keep doing the production process, although the wave of protests and resistance had blocked the beginning of the establishment of the corporation in Klaten Regency. In its development, the process is sustained by various forms of discourse dominance such as the claims that droughts and lack of irrigation supply downstream has nothing to do with the process of water exploitation that they have done upstream. The dominance of discourse ultimately also becomes the "grip" and is trusted by other actors, namely the local government. From the beginning - when the presence of PT TI was first present in Klaten Regency - the government's position was already in a position to support the corporation. This makes sense, as corporations are thought to be able to boost local revenues during this decentralization era. However, actually, when we call the government as an actor, it is not a single entity. Based on an interview with one of the officials at

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the Water Resources Management Office of Klaten Regency, for example, he tended to agree that the irrigation drought occurring downstream was influenced by the exploitation of water done by the bottled drinking water company upstream. In this context, he tends to be in a position to defend the farmers that are impacted by the drawing of water from Sigedang Spring. He said:

“Kalau menurut saya, ya tetap ada pengaruhnya. Meskipun ada meterannya, kita kan tidak tahu berapa jumlah air sebenarnya yang diambil oleh PT TI Aqua Danone itu.Soalnya kan sumurnya dipagari dan ditutup rapat.”

In my opinion, yes it still impacts the water supply. Although they claimed that there is a meter, we do not know how much the actual amount of water is taken by PT TI Aqua Danone. Because, the well is fenced and closed tightly. (Interview with HJ on April 7, 2015).

His statement shows that he doubts the transparency of water retrieval by PT TI. Although he is part of the Klaten Regency government which also cooperates with PT TI, he tends to be critical and tries to defend and justify the downstream farmers who believe that the exploitation of water by PT TI has an impact on the reduction of irrigation water discharge downstream. Meanwhile, a different view from government derives from one other official at the Economic Section of the Klaten Regional Secretariat, which tends to argue that the exploitation of water by PT TI is not related to the drought of downstream irrigation, therefore the groups opposing PT TI is only a small group led by NGOs and deemed not to represent the views of the whole society. He said:

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“Menurut saya itu tak berkaitan langsung. Jika ada yang berteriak-teriak itu kan hanya pada saat musim kemarau saja…Kalau pas musim hujan, mereka diam saja.”

"I do not think it is directly related. If they talked about this situation as a problem, in fact, that only happens during the dry season ... In rainy season, they are silent. " (Interview with SH on June 1, 2015).

The expression of SH above can be said to be biased only in the interests of corporations and seems to ignore the voice of farmers/villagers who face a water shortage for irrigation. It may be related to his position as chief of the economic division of Klaten Regional Secretary (Kepala Bagian Perekonomian Sekretariat Daerah Kabupaten Klaten), which is more concerned with revenue and inviting investment to Klaten Regency. However, these two different views of government show a big uncoordinated institution, in which every government agency seems to have different attitudes or views about the same issues. The position of the government,in this case, can often be said to be in a position between the company and the community of villagers/farmers. In general, it can be said that the government will strongly support the existence of bottled water company because it can contribute to local revenue. However, there are one or two people from the government who are trying to see the existence of the bottled water company critically, especially considering the complaints of downstream farmers who experience water shortage for irrigation in dry season. In this context, those who attempt to be critical to the corporation as mentioned above are the Head of the Water Resources Management Agency (Kepala Dinas Pengelolaan Sumber Daya Air)

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who is in charge of providing sufficient water irrigation to farmers in Klaten. However, a different voice from the government is perhaps only a minority of the overall local government's attitude. It can be said that the relationship between government and corporation is more mutually beneficial to each other. Klaten Regency Government needs PT TI as a contributor to local revenue, and vice versa, PT TI needs water from springs in Klaten area as a raw material for their production. The contribution of PT TI is not only given to Klaten Regency Government but also to local village government, such as Ponggok and Wangen Villages. Table 6.8 shows the amount of PT TI’s contributions to the Klaten Regency Government and local village government:

Table 6.8 Contribution of PT TI to Klaten Regency (in Rupiah) 2005-2009 Year Contribution TOTAL Water Local Wangen Ponggok Ground Tax Revenue of Village Village Klaten Government 2005 75,109,967 2,390,606,000 35,675,898 475,679,072 2,977,070,937 2006 81,887,292 2,761,560,000 33,690,943 449,212,567 3,326,350,802 2007 108,034,697 4,802,295,070 38,475,102 513,001,359 5,461,806,228 2008 97,905,612 4,293,479,960 116,662,385 605,788,231 5,113,836,188 2009 94,447,707 4,623,120,201 444,096,923 592,129,230 5,753,794,061 Source: Amrta & Tifa Foundation (2009)

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From that number, it can be seen that the contribution of PT TI to Klaten regency and two villages (Ponggok and Wangen) is significant. The other two components, namely groundwater and local income taxes, respectively, are paid to the Central Java Provincial Government and Klaten Regency Government through Regional Revenue Office (Kantor Dinas Pendapatan Daerah). From the table above, it also can be seen that the amount of contribution increased from year to year. This indirectly shows that the production and profit of PT TI also continue to increase from year to year. It is interesting that Ponggok and Wangen, as the two villages in Polanharjo Sub-district where the plant and the well situated, get the significant annual contribution from PT TI. In this context, both of village governments play a major role in the permission process and the shifting status of land ownership rights which is currently owned and used by corporation, either for water-harvesting wells located in Ponggok Village (adjacent to Sigedang Spring), or land used for water treatment plants which are situated in Wangen Village. The two villages, plus one village, Karanglo, are often regarded as the three villages located in the "first ring", which is where the water source and the factory of PT TI are situated. These three villages receive the largest compensation fund from PT TI annually. The number of development funds (also referred to as royalty funds) is may be similar to the one mentioned earlier. However, the figure is obtained from the calculation based on MoU between PT TIand Ponggok Village, which is Rp125/liter every month. JN as Head of Ponggok Village tried to describe the changing situation of his village as follows:

“Dulu kan desa kami ini desa paling miskin. Tanah kas desa ada tapi tidak produktif karena tanahnya keras. Setelah PTTI

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beroperasi di sini, dan kebetulan membuat sumur bor yang kebetulan di area tanah kas desa tersebut, maka perubahan banyak terjadi di desa ini..”

"Our village was the poorest village in the past. There were lands owned by the village but they were not productive because the soil was hard. After PT TI operated here, and by chance they made a borehole in the area of the village’s land, so much change has happened in this village .." (Interview with JN, May 26,2015).

Furthermore, according to JN, the impact of the existence of bottled water corporation for the village community has many advantages for the welfare of the community. Based on MoU between PT TI and local village government, 40% of workers working in PT TI comes from Ponggok Village, while 40% come from Wangen Village, and the remaining 20% are workers selected by PT TI. Employees, in this case, consist of two types, namely factory employees who are paid monthly, and employees with daily wage who work as freight unloading workers. In addition to the workforce, PT TI also contributed to the development fund as mentioned above. Besides that, there are alsoCSR programs available for Ponggok Village. In short, according to JN, the condition of Ponggok Village has changed drastically in the last decade, from being the poor village (even the poorest one) to the richest region in Klaten. It is also caused especially by the existence of water tourism destination (Umbul Ponggok) which is currently becoming a popular local tourist destination in Klaten and provides large revenue for the Ponggok Village.

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The popularity of Umbul Ponggok as a water tourism destination automatically raises Ponggok Village's Local Revenue drastically since 2013. Their original income was still 83 millionin 2013, but then by 2015 it increased sharply to 4.07 billion. The revenue from Umbul Ponggok water tourism is not just the only income, but also from PT TI’s contribution to Ponggok Village (Merauje, 2017: 9). All changes and achievements are according to JN, as the head of the village, can not be separated from the presence of PT TI.

Figure 6.5. Umbul Ponggok Becomes a Local Tourist Destination (Photos by Trinugraha,2015)

For village level governments, such as the nearby villages where the corporation’s factory is located (i.e., Ponggok, Wangen, and Karanglo Villages), the presence of the corporation is considered to be very profitable for them. Their relationship with the corporation is also a mutually beneficial relationship, similar to Klaten Regency government. Even the government positions (both regency and villages

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surrounding the corporation) ultimately tend to "defend" and "justify" the corporate positions, when the corporation are thought to be the cause of reduced irrigation flows downstream. They also argue that the presence of PT TI has nothing to do with the reduction of irrigation supply downstream. Meanwhile, we can say that the actor who is in the weakest position of all these is the farmers and villagers, especially in the downstream area. They face a lack of irrigation supply especially in the third growing season (during May-August). Even based on FGD results of May 8, 2017, farmers in Juwiring Sub-district, especially in Kwarasan Village and several other villages belonging to Bagor Irrigation Area experienced a shortage of irrigation supply throughout all growing seasons, so they were heavily dependent on rainwater. They tend to have called their fields as rain-fed. When the rain does not fall in 2-3 days, then the paddy field becomes completely dry. Also, agricultural land that can be planted during the third growing season, in particular, is only about 25-30% based on the availability of irrigation water. In fact, according to farmers, the third planting season is the main cropping season to obtain maximum income, because the agricultural output is usually the best at this time and the price of rice reaches the highest number. Another effort to overcome this is to drill a well to irrigate the farmers’s fields when there is a lack of irrigation supply. However, there is a negative impact from that. Besides that it is more costly to use fuel/diesel to run water pumps, drilling wells are also considered to threaten groundwater around the paddy fields, especially the wells in the homes of residentssurrounding the rice fields, that will dry up as the result of the drilling.

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Figure 6.6. Downstream farmers use shallow dug wells for irrigation during dry season (Photo by Trinugraha,2015)

The lack of this irrigation supply in their view is due in part to the fact that many of the damaged irrigation channels have also occurred since PT TI drew water from the area. Accompanied by local NGOs, they organized themselves for various protests. These protests, as noted above, have a variety of issues and demands; from the rejection of the presence of PT TI, CSR funds,to the damaged highway infrastructure. These demonstrations for various reasons indirectly show how the presence of bottled water corporations in Klaten Regency is being resisted at varying degrees over time by local residents. Although these actions have ups and downs for the past decade, they can also be said to be related to the wider movement in various parts of Indonesia that demanded the halt of water privatization. The lack of a free and equal dialogue may be one of the things that lead to unequal conflict and power relations. One of the things

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that shows how farmers are in a weak position is the lack of dialogue and participation to accommodate their voices and aspirations. In a FGD together with farmers, the following complaints were revealed:

“Jika berbicara tentang perusahaan atau industri pertanian yang akan melakukan investasi di sini dan berkaitan dengan pemakaian air, kan harusnya juga mengikuti aturan dari kami, P3A. Misalnya ada PT Tunas Agro yang membeli sawah 38 pathok untuk ditanami polowijo di sekitar sini, itu kan mereka dalam prosesnya mengikuti aturan dari P3A. Tidak seperti perusahaan air kemasan (Aqua), kalau air kemasan kan berbeda, kalau air kemasan kan di situ mengebor, dia ambil air, dia memproduksi, tanpa sepengetahuan pihak lain. Akan tetapi kalau yang berkaitan dengan industri pertanian kan yang mengatur ya P3A, jadi mereka harus mengikuti peraturan penjatahan air dari P3A, tetapi kalau seperti AQUA itu siapa yang bisa melawan? Bornya saja ditunggu sama satpam, produksinya ditunggu sama satpam, dan mungkin orang yang mempunyai jabatan saja tidak semudah itu bisa memasuki dan melihat situasi di perusahaan, apalagi dengan petani biasa.”

"If we talk about the company or the agricultural industry that will invest here and related to water usage, they should also follow our rules, the rules of P3A. For example, there is PT Tunas Agro who bought 38 pathok (pegs) of paddy fields to plant polowijo (secondary crops) around here; they follow the rules of P3A. Unlike the bottled water company (PT TI/Aqua), they are different, they drilled there, they draw the water,they produce, without any information and transparency. But if it is related to the agricultural industry, P3A regulates that, yes, so they must

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follow the water regulations of P3A, but something such as PT TI/Aqua, is there anyone who can fight them? The drill is guarded by a security guard, the production is guarded by a security guard, and maybe the person who has some kind of position can noteasily enter and see their plant or company, all the more with ordinary farmers like us." (FGD, May 8, 2017)

The expression of one of the downstream farmers as stated above indirectly tries to compare and question the presence of two different corporations in Klaten Regency;PT TI and PT Tunas Agro. The two companies are engaged in different products (i.e. bottled water and agribusiness products including crops), but both are deemed to be directly or indirectly related to irrigation and water requirements for the production process. PT Tunas Agro (an agribusiness company headquartered in Demak Regency, another district in Central Java Province and has a production plant in Juwiring Sub-district, Klaten Regency) is considered to be more open to dialogues in following the rules stipulated by P3A, unlike the case with PT TI, which is considered not controlled. The expression of the farmers above in other words also indicates that it is the absence of dialogue and control between PT TI and farmers and possibly alsowith the government that cause the downstream farmers to not have bargaining powers to access information about water as well as engage in water management policy in Klaten Regency. During this time, farmers perceived the absence of transparency and a full explanation of the amount of water taken from PT TI wells and the absence of farmer involvement in formulating water policies. What happens is that the company is involving academic/educational

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institution (university); explaining that the water they take is raw materials from water wells around Sigedang Spring that do not have a direct connection with the reduction of irrigation water downstream. This is because the company are drawing from underground water and not the surface water, therefore drawing this underground water is considered unlikely to affect the surface water discharge that flows from the Sigedang Spring as the raw material for irrigation water downstream. The discourse about groundwater that is not regarded directly related to surface water is interesting to further be observed. On one hand, with that argument (claimed based on scientific research and based on scientific research conducted together with one researcher from a prominent state university in Indonesia), the corporation has a reason to justify its water exploitation activities. On the other hand, reduction of water irrigationfaced by downstream farmers is a fact. As disclosed by HS, one of the village head who resided outside the "first ring" but still in Polanharjo Sub-district, below:

“Ya kita pernah mengadakan dialog dengan mereka, PT TI, soal dampak pengambilan air tersebut khususnya bagi saluran irigasi. Namun lha bagaimana mas, lha menurut mereka pengambilan air selama ini kan air bawah tanah yang tak ada pengaruhnya pada air permukaan. Lha wong yang bicara itu dari kampus dan hasil penelitian. Lha apa yang bisa kami lakukan? Masak kami ndak percaya?”

"Yes we have held a dialogue with them, PT TI, about the impact of water exploitation upstream, especially on irrigation channels. But according to them, the exploitation from underground water

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does not affect surface water. They talked on behalf of academic research results, so what can we do? Should we not believe it?" (Interview with HS, May 25, 2015)

Although his position is the head of the village, HS also represents the voices of villagers and farmers in the area as well, i.e., farmers in the upper areas/around the water spring. Geographically, the location of his village is not the closest to the borewell or the factory of PT TI, but it is still included in Polanharjo Sub-district. The position of HS and the villagers may be in between the pros and cons. On one hand they also have solidarity with the downstream farmers who experience a lack of irrigation water, but on the other hand, they also do not fully blame the presence of PT TI. The arguments and research findings from the academic institution who are hired by PT TI persuaded them to believe that the shortage of irrigation water downstream has nothing to do with PT TI’s exploitation of water. In the end, their demands were approved by PT TI by increasing the amount of CSR funds and given each year to each village in Polanharjo Sub-district (outside three villages in the “first ring”). “Academic research” makes the corporation has legitimacy and justifies its activities. They made the academic research results to convince many parties that the water exploitation activity near Sigedang Spring that they have been doing so far did not affect the reduced irrigation water downstream. However, these arguments and views are debatable. Other academics have different views and argue the impact of water exploitation by PT TI on downstream farmers’s irrigation channels. As expressed by a geologist from one of other different universities in Yogyakarta below:

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“Itu kan mereka sebenarnya mengambil air dari turap atau mata air yang sebelum keluar dengan sendirinya, mereka ambil duluan. Rasanya nggak mungkinlah kalau pengambilan itu tidak berpengaruh pada sumber air di bawah atau di sekitarnya.”

"They exactly draw the water from turap or spring that has not come out by itself, they draw it first. It would not be possible if it did not affect the water source below or around it." (Interview with ET, July 13, 2015)

ET's opinion is different from the opinion of other geologists who became consultants for the corporation. In other words,the notion of the unrelatedness between groundwater and real surface water is scientifically debatable. As a discourse, it is mutually contested, although so far the discourse that considers the unrelatedness between groundwater and surface water is still dominant; corporations use this discourse to explain to others in terms of their water exploitation process.

6.4.2. The Power Relation between Surakarta Government and Klaten Government In the context of conflict between the government of Klaten Regency and Surakarta City, the actors involved here can be said to have a relatively equal position. Administratively, the two actors have the same position as government actors at the regional (regency/city) level. However, Klaten Regency government seems to have a little more power because they feel that they own the water, which means, the water spring is administratively located in their area. The actual water resources in certain contexts are taken and used as "public

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goods" (for PDAM water pipes of Surakarta), then interpreted by Klaten Regency government precisely as "economic goods", since the process of turning it to piped water is considered as a form of commodification and business done by Surakarta City Government. Klaten Regency Government's way of thinking in viewing this water conflict is probably strongly influenced by the atmosphere that has been developed over the past ten years, when the presence of PT TI,drawing water in Klaten, has commodified the water as potable water in economical packaging. From this point of view, the water that was originally regarded as a free accessible public goods and non-cost item then seemed to be commoditized and produce multiple economic benefits. Also, the regional autonomy policy implemented since the Reform era has encouraged every local government in Indonesia to compete to increase their region’s income; encouraging local governments to think about what can be "sold" from their respective regions. In this context, it is not uncommon to find inter-local government competition and rivalry. Indirectly, there also has been a categorization of water according to its utilization in Klaten Regency. It can be argued that agricultural irrigation water is still regarded as a public good (notcommercially viable), while on the other hand, bottled water is considered to be the commercially commodified water. The position of PDAM’s drinking water is may be unique and located in the middle. Sometimes by some parties, it is seen as public goods, while some otherparties and in some contexts PDAM water is also considered to be a part of the commodification process. As a discourse, water thus becomes an interesting phenomenon in this context. From a certain perspective,it will be interpreted as public goods or one form of common pool resources, and at other times it will also be presented as economic goods that are considered to be

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commodified and sold economically. This discourse has so far been contested and also argued in the process of the cancellation of Water Resources Law No. 7/2004 in 2015, as well as in the process of issuing the new Water Resources Law that is currently taking place.

6.4.3. Local NGO: Between Corporation and Community The local NGO or CBO has a unique position in this case. At least we can distinguish two groups of local NGO in the context of water problems in Klaten Regency. The first group is NGOs that advocate the downstream farmers to voice their issues to a wider level. They have been advocating these farmers since around 2003. In this case, the NGO's position often opposes the government and corporations. There are some NGOs/CBOs included in this group,such as WALHI, PERSEPSI, and several other NGOs. The level or degree of their involvement in voicing the protests of the farmers is, of course, different from one another. At the national level, their issues are close to and often voiced by some NGOs or other civil society groups such as KRUHA (Koalisi Rakyat untuk Hak atas Air/People’s Coalition for Water Rights) or Amrta Institute of Water Literacy, and some elements of other civil society groups. They also took part in the cancellation of Water Resources Law No.7/2004, which was considered more nuanced to privatize water and was eventually canceled by the Constitutional Court in 2015. On the other hand, there are also local NGOs who try to cooperate with the corporation (PT TI) by running and doing their CSR programs. The position of this NGO is of course in cooperation with corporations and communities, and sometimes with the government as well.

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It is interesting to see further that there are also local NGOs who once worked intensively to advocate farmers to reject PT TI then "turned around" to become a part of PT TI’s CSR program, such as Gita Pertiwi, an environmental NGO based in Surakarta City. TK, one of the staff at Gita Pertiwi explained their reason below:

“Sebenarnya kami dulu sangat getol advokasi untuk menolak PT TI. Bahkan kami masih menganggap mereka sebagai perampok air sampai dengan saat ini. Namun kami kemudian beranggapan bahwa daripada dana CSR yang begitu besar itu nggak jelas arahnya dan dipegang oleh orang atau kelompok yang tidak jelas, maka setelah kami berunding dengan para dewan penasihat kami, sejak tahun 2013 kami menjadi bagian dari pelaksana program CSR PT TI.”

"We were very strongly involved in the advocation process to reject PT TI.We even still consider them as water robbers up till now. But we then assume that instead of giving such a large CSR fund to any irresponsible organization or incapable person/group, it is better if we are the ones who handle it. After negotiating with our advisory boards,since 2013 we have become a part of the implementers for PT TI’s CSR program." (Interview with TK, July14, 2015).

It is an interesting statement from TK. On one hand, she said that their organization remained critical of PT TI, but on the other hand they were willing to run PT TI’s CSR programs. With various considerations, Gita Pertiwi tries to adapt and negotiate with the presence of PT TI.Furthermore, TK also said that their institution heavily criticized the CSR policy that had been implemented by PT TI

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and offered new concepts that are more appropriate to be applied, especially to empower farmers around PT TI’s factory. However, it is also interesting to see how NGO relates to CSR program implemented with farmers/local communities. Generally the relationship between NGO and the local community for some people is considered good, but for some other it is considered problematic. As expressed by AS, a farmer in Ponggok Village that has a different opinion on the NGO and CSR program of PT TI,below:

“Program CSR Aqua yang sudah ada sebenarnya nggak sesuai dengan yang dibutuhkan masyarakat sini. Program itu dijalankan oleh LSM dan mereka sudah membawa program sendiri tanpa berunding dengan kita petani. LSM itu hanya berunding dengan pabrik, tanpa ngajak omong kita. Akibatnya program-program tersebut tak sesuai dengan kebutuhan kita.”

Aqua’s CSR program is not in accordance with the community’s needs here. NGOs run the program, and they have brought and conducted their programs without any discussion and negotiation with us as farmers. The NGO is only negotiating with the corporation, without involving us. As a result, these programs do not fit our needs." (Interview with AS, May 19, 2015)

Furthermore, AS as the Coordinator of the Association of Farmers Group (Gapoktan/Gabungan Kelompok Tani) of the local village said that with the program that the NGO have brought without any assessment before to the farmer was very unfortunate, because the programs could not be sustainable and just run without a bottom-up

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planning. Consequently, there was a gap between the program and the real need of the community. The same thing was stated by SR, a resident of Karanglo Village. Still in the context of the same NGO, he said in more detail that the incompatibility was due to the NGO being impressed to impose programs on farmers. He said that:

“LSM yang ada nggak sejalan dengan kami. Mereka memang mengkampanyekan pertanian organik. Namun bagi kami, mau organik maupun bukan organik yang terpenting panen itu cepat dan jelas hasilnya. Mereka cenderung ngotot untuk memaksakan program pertanian organik, yang bagi kami tentu panennya terlalu lama dan hasilnya lebih sedikit.”

“The NGOs are not in line with us. They are indeed campaigning for organic farming. But for us, despite whether it is organic or not,the most important thing is to harvest quickly and tangibly. They tend to insist on imposing an organic farming program, which for us it certainly takes more time and the lesser yield." (Interview with SR, May 31,2015)

SR expressions are interesting to note and indirectly indicate a paradoxical situation. Although the presence of local NGOs with its organic farming program is a good program in the framework for a more sustainable agriculture, the farmers are already "trapped" in a systemic and long-standing situation that forces them to do non- organic farming. There are several possibilities why the organic farming program in Karanglo Village tends to be rejected by farmers. First, it is indeed an economic reason. With organic farming, the results obtained by

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farmers have been considered to be smaller and organic farming requires a longer time to be done compared to inorganic agriculture which they have been doing so far. Second, there is a possibility that the approach taken by NGOs to farmers tends to be less dialogical, which causes farmers to feel that the program is not grounded and only top down in nature. However, there is one CSR program that is considered to work well in Karanglo Village, which is waste processing. This activity is also held in cooperation with other Local NGOs (Lestari). The waste processing program and the Waste Bank appear to be going well in Karanglo Village and this includes waste sorting and processing which is finally made for items from waste recycling. The recycled handicraft products have been sold and distributed in various places, even to other cities outside Klaten. In addition to taking care of environmental hygiene, this program is considered to have helped the residents of Karanglo Village a little economically. In different village, LPTP, another NGO that also works with PT TI to run its CSR program, said that their position is more of a "substitute" for previous CSR programs conducted by another local NGO from Jakarta called Bina Swadaya which is considered to have failed to run its program in some Klaten communities. Although LPTP only cooperated for one year during 2014-2015 and funded by PT TI Jakarta (not PT TI Klaten), they hope to have a longer program for 3-5 years with the support of cooperation from PT TI. As said by one of the LPTP staff members, the implementation of CSR by PT TI which at that time was run by Bina Swadaya from 2010-2012 was considered to have failed. The failure was due to many factors, but in LPTP's view, it was mainly for the lack of full involvement of the community in the program’s implementation. With the assumption that the CSR program activitiescarried out by Bina

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Swadaya was unsuccessful, LPTP then replaced their position as the executor of the CSR program activities. As this research progresses, there are other interesting things encountered in implementing the CSR. One of them is that in Polanharjo Sub-district itself at least there are three local NGOs that are implementing CSR programs from PT TI. The three NGOs work in different areas. In some cases, it was acknowledged by an LPTP staff that their program overlapped with other programs. As stated by the following by EI:

”Program kami adalah pengembangan pertanian. Kami memiliki laboratorium pusat belajar pertanian bagi para petani. Di sisi lain di desa Karanglo, terdapat juga program yang sama, bahkan dengan fasilitas bangunan fisik yang lebih besar dan lengkap dari milik kami di sini. Seharusnya laboratorium ini bisa dijadikan satu saja untuk kebutuhan dua desa.”

”Our program is agricultural development. We have a laboratorium for agriculture learning center for farmers. Meanwhile, in our neighbor village, Karanglo, there is also a similar program. They even have a bigger and more complete physical laboratory facility than ours here. I think that this laboratory could be used as one for the needs of two villages.“ (Interview with EI, June 5,2015)

In addition to the problem of overlapping programs, corporate control over NGOs as program implementers is also considered substantial . This can be seen because whether it is recognized or not, NGOs are very dependent on CSR funds from existing corporations to run their programs, whereas the policy of granting these funds (both in

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terms of magnitude and duration) is very much dependent on corporate policy. In other words, it can be said that the implementation of community empowerment programs through corporate CSR funds is often more of a corporate fulfillment, and less of a freedom for NGOs and for the public to participate more. As told below by EI:

”Sebenarnya kami menawarkan program dalam jangka yang agak panjang yaitu tiga tahun. Namun demikian pihak korporasi hanya memberikan kontrak selama enam bulan dan kemudian ditambah enam bulan lagi berikutnya. Untuk tahun ini (yaitu tahun 2015 pada saat wawancara dilakukan), belum ada kesepakatan kontrak lagi dengan korporasi. Ini tentu menyulitkan kami jika ingin berpikir untuk program lebih jauh. Namun demikian kami tetap berusaha tetap jalan meskipun tidak ada dana.”

”We offer a program in a rather long period of three years. However, the corporation only grants a contract for six months and then adds another six months. For this year (i.e. 2015 at the time of the interview), there has been no contractual agreement with the corporation. It certainly makes it difficult for us if we want to think on further programs. However, we still try to keep going even though there are no funds.” (Interview with EI, June 5, 2015)

EI’s statement shows at least two things. First, that as an implementer of CSR, local NGOs seem to be very dependent on corporations, especially concerning the funds for program implementation. Dependence on corporate funding policies causes planned community empowerment programs to be more like a 'project'.

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Moreover, it is very risky to ignore the real needs and sustainability of the community. Second, the above situation also shows indirectly how the activities of local NGOs in Indonesia have often been not independent, because in carrying out their activities, local NGOs depend only on outside donors (either from the private sector or other international organizations), and are less exploring the possibility of fundraising from the community itself or self-help from themselves. In the context of water issues and conflicts faced by downstream farmers, the local NGOs said that they would avoid talking about the water issue as much as possible when implementing the CSR program and dealing with the community. This is as said by one of the following LPTP staff members below:

”Kami memang sebisa mungkin selama di lapangan menghindari pembicaraan tentang isu air tersebut. Menurut penelitian dari akademisi dan Aqua, itu memang tidak berhubungan antara pengambilan air untuk air kemasan dengan kekurangan air irigasi di bawah. Tapi memang kekeringan itu memang terjadi dan dirasakan oleh para petani menurut pengamatan kami. Kami tidak menyinggung hal itu saat bertemu dengan masyarakat.”

"While on the field,we try to avoid talking about the water issue as much as possible. According to the research from academics and Aqua (PT TI), there is no connection between drawing water for bottled water and the lack of irrigation water downstream. But indeed, the drought does occur and is felt by the farmers according to our observations. We do not mention that when we meet the community." (Interview with RH, June 5, 2015)

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The RH statement shows that even though they know about the issue of water conflicts between villagers (especially downstream) and corporations, they prefer to avoid talking about it when dealing with the community. Their position seems to have been on the side of the corporation. It is logical, although we can also say that the local NGOs at some level have been dominated by corporations and are in the shadow of their power.

Figure 6.7. Bag Products from Plastic Waste Recycling Activities of PT TI's CSR (Source: krjogja.com)

The position of local NGOs in this context can be said to be a bridge or an intermediary between corporations and communities, as well as between communities and governments. In its position as an intermediary, NGO can be well or not well accepted by the community. As expressed by AS above, the presence of local NGOs often causes many problems in the implementation of CSR programs for local villages.

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Viewed more widely, the presence of NGOs cannot be separated from CSR programs of the corporations. In many studies, it has been argued that CSR is an ethical form of corporate responsibility to local communities and the environment. However, in practice, many CSR cases can also become a tool for corporations to subdue those who oppose them or those who have a critical view on the presence of a corporation, allegedly because its presence has caused various environmental problemsand social damage. In the context of this research, some parties (both actors and organizations such as NGOs) have been critical of corporations, but then "turnaround" when they are being recruited and involved in CSR activities. In other words, the position of the corporation remains dominant in power, where in many cases it can ultimately affect the organization's attitude, for example when a local NGO changes its position from opposing, to turn into supporting their presence. The position of corporations is also more dominant when they successfully narrate arguments that also become trusted by various parties (including local NGOs), the argument of that there is no relationship between the drought downstream and the activity of drawing water for the production of bottled waterby PT TI. From the overall exposure, the outline of the relations between actors in water conflict in Klaten can be described as follows:

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Non-Place Based Actor Place Based Actor

Danone Corporation PT TI Aqua NGO (pro CBO/NG Danone Klaten PT TI) O (con PT TI)

University/Research

Institutions Downstream Farmers

Central Government Local of Indonesia Government of

Klaten PDAM Klaten

Local Government PDAM of Surakarta Conflict Surakarta Cooperation Conflict & Cooperation Coordination

Figure 6.8. Actors in Water Conflict in Klaten (Own elaboration,2017)

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The above figure seeks to show how the relationships between actors in water conflict in Klaten, especially in the Pusur River Basin. The red line indicates reciprocal conflicts that occur, while the yellow line shows the cooperation between actors, and the green line shows the combination of conflict and cooperation between actors. At some point the two actors can work together, while at other times they can dispute and have conflict with each other.The white arrows show more coordination in a relationship, especially between the central/umbrella institutions and the lower institutions. The actors involved in the conflict are divided into two categories, which are place-based actor and non-place based actor. Those who are categorized as place-based actors are those who are located in Klaten Regency and are directly involved in the conflicts (and cooperation) that occur, while non-place-based actors are those who are not physically located in Klaten Regency but indirectly influence the conflicts (and cooperation) that occur. Those who are included in this non-place based actor, some of them are central/umbrella institutions that have coordination networks with lower institutions which are included as place-based actors. Of course, those relations are not permanent. The dynamics of relation among actors will always happen, therefore in reality the relationship is more complex and complicated. Moreover, in some cases the actor is not a single entity but plural, so it is difficult to say that an actor's label represents the entire actors inside its group/organization/institution.

6.5.The Hydrosocial Cycle and Contested Waterscape in Klaten The water cycle in Klaten, when viewed from a hydrosocial lens, can be described as water coming out of the spring that is no longer only flows back to the river and sea and undergoes the process of

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evaporation back into the air (as in the hydrological cycle). In the process, the water that flows from the spring is also related to the commodification process with the presence of various water users such as PDAM, agricultural irrigation, local water tourism, up to bottled drinking water companies, before finally flows back into the sea. The water flow and social relations between actors involve many institutions, technologies, regulations (both in the form of laws and policies), up to the discourse on water as a private or public goods that develops in Klaten Regency in particular and Indonesia in general. Conflict and contestation over access to water that occurs often creates an imbalance of access and control in forming a waterscape in Klaten Regency. At any rate, we can compare three kinds of water flow in the hydrosocial cycle in Klaten Regency which is mutually contested especially in the Pusur River Basin. First,irrigation water, which flows from the river and springs to the dam and into the primary, secondary, and tertiary irrigation streams leading directly to the rice fields. Irrigation water can not flow smoothly, due to channel and tissue damage in many places. The absence of smooth water flows is due to policies and governance that most likely do not prioritize irrigation water. Therefore, there is an unavailability of infrastructure and regulation, including the organization, to allow the irrigation network to be smooth and well maintained from upstream to downstream. The second is tap water (under PDAM Klaten and Surakarta). PDAM drinking water includes two companies, namely PDAM Klaten and PDAM Surakarta. Water drawn by PDAM Klaten also comes from springs around Umbul Ingas and Umbul Ponggok in Polanharjo Sub- district and the water taken by PDAM Surakarta comes from Umbul Ingas.This water flows (both PDAM Klaten and Surakarta) through a

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network of pipes and meters to customers's homes as drinking water. The water flow from PDAM Klaten and Surakarta can be said to serve public interest, especially in the provision of clean water. Despite the status of PDAM as a business entity, PDAM is under the regional government of Klaten Regency. In reality, the presence of PDAM Klaten can only reach those in urban areas. The expansion to reach wider consumers throughout Klaten Regency has become rather difficult. To say the least,the difficulty is caused by two things, which are; first, the procurement of water pipe infrastructure requires a very large cost so that PDAM is not able to provide funds for the procurement of pipes and network. Second, people in the rural areas of Klaten Regency (especially in relatively easy to get groundwater areas) think that the installation of PDAM pipes is not urgent and important because access to groundwater (through wells) is considered to be easier, practical and cheaper. Even for some people downstream, PDAM water is considered as part of one of the threats that can reduce their irrigation water discharge, as PDAM also draws water from the same spring with them. Meanwhile, after flowing through a long pipe from different administrative areas water from Umbul Ingas then processed by PDAM Surakarta and distributed to customers in Surakarta City, especially in the western part. In the process, the water that flowed out of Klaten Regency had caused conflict between local governments (i.e. between Klaten and Surakarta). The issue of commodification, commercialization, and proper compensation for the "water owner" (Klaten Regency) arises; the water issue seems to have wrapped up the real issue, namely the competition between regions to obtain higher regional revenue.

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The third water cycle is bottled water produced by PT TI Danone. This water is drawn from the wellbore between Umbul Ingas and Umbul Ponggok in Polanharjo Sub-district then flows through a pipeline to the factory, then the water is processed in such a way as a drinking water product called "bottled drinking water" and is considered to be rich in "mineral" content. This water flow looks very smooth and almost unimpeded. The bottled water product is then distributed to other cities outside Klaten Regency and generates more than doubled incomes compared to the unprocessed water. Drinking bottled water at this time also seems to have become a lifestyle, especially in urban areas. Claims on behalf of "healthier drinking water" and "more practical," boost the bottled drinking water market to increase from time to time in Indonesia. These three forms of hydrosocial flow form a waterscape contest in Klaten. Although at any context, we could say that all the three forms make water as "economic goods" (for agriculture, clean water, and drinking water). Nevertheless, in issues and discourses that develop in water conflicts in Klaten, the water is more likely to be contested between two different needs of "irrigation water" versus "bottled water". In other words, it is the conflict and question between two things; water for food (irrigation) or water for drink (bottled water)? If irrigation water aims to produce food (rice), then bottled drinking water aims to provide drinking water with a high cost and full of technological process.

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IRRIGATION

Conflict and

Cooperation Discourse of Actors (Water as

Private Springs in or Public Polanharjo Sub- Regulation Goods) (Water districtas Raw Law) Material

Tecnology and Infrastructure

PDAM (Tap BOTTLED Water) WATER

Figure 6.9. Waterscape and Hydrosocial in Klaten (Own elaboration,2018)

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Who are the actors in both activities? If agriculture activities that require irrigation water involve small farmers with a small economic scale, then packaging drinking water activities that require water from springs involve a large company (multinational company) with the support of large capital technology and of course, a system that generates a doubled profit as well. The process of drawing water from a well near a spring and then process it into bottled water can be said to be a commodification process. It is a situation where water has become a commodity, as proposed by James Linton on hydrosocial cycles (2014), on the expense of water for irrigation for downstream farmers. The commodification of water through bottled drinking water, whose products are sold to meet market needs happens not only in Klaten Regency but also throughout Indonesia.This occurs alongside the changes in access to irrigation water for farmers. Previously, water has been available abundantly and has been used for local needs, but since the involvement of PT TI, water is drawn and "distributed" through bottles or gallons of bottled water out of Klaten region as a commodity with a higher price. In addition to downstream areas that lack irrigation supply, there are also other areas experiencing water deficit or drought especially in the dry season even for clean water for basic and daily needs, in the upper areas (slopes of Mount Merapi) such as Kemalang Sub-district. It is due to the destruction of Mount Merapi in 2010 and also due to excessive sand mining. In addition to Kemalang Sub- district, there are also some other drought-prone districts such as Bayat Sub-district, Trucuk, and several other sub-districts in the southern region of Klaten Regency. It can be said that within the same administrative area (Klaten Regency), there is a difference between water and irrigation water from one place to another. It may be considered ironic since the

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products of water commodification process that are sold outside the region is prioritized, rather than meeting the basic needs of clean water for the local communities. This imbalance of access to water is undoubtedly due to unequal power relationships between different actors in the use of water in Klaten Regency. The unbalanced power relations also affect the unbalanced access and distribution of water to farmers and villagers. In such situations, waterscape in Klaten can also be seen as a politicized environment. The existence and potential of water presents many actors who have different positions from each other. They can work together and have conflict with each other, and in turn, also produce unbalanced power relations. The power of an actor is present when they control capital and has political power that can influence social policies. In this context, corporate actors (PT TI) have capital and power, so that they can exploit and process natural resources (water) into a value-added economic commodity. Also, local government actors have the political power to determine water-related policies, especially at the local regulatory level as well as to give permission for water exploitation. In this context the government and corporations oftentime work together primarily with the legality of permits for water retrieval. Meanwhile, the downstream farmers and villagers are the increasingly marginalized community groups in particular. Unfortunately, even if the situation is normal (meaning there is no shortage of irrigation supply), the life of wetland farmers, especially in Java (mostly small farmers/smallholders) has already been marginalized both economically and politically. Reduced irrigation water discharge in their fields will further increase their difficult and vulnerable situation and marginalize them even more. Automatically

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in such situations, production costs will rise, while the production yield that they get is not worth the incurred cost. Regardless of the "scientific truth" about the debate over the correlation between the activities of bottled water plant and reduced irrigation water discharge downstream, the fact that downstream farmers are experiencing shortages of irrigation water during the third growing season (drought) and that this situation has occured over the last decade is something that is indisputable. Meanwhile, various other opinions argue that the drought downstream is not only caused by exploitation of water by PT TI but also caused by various other factors, such as the destruction of irrigation networks in various areas, especially in downstream areas is irrefutable as well. Of course, the damage cannot be blamed simply on the farmers's side, but it also deals with governance and policy issues that ultimately cause irrigation channels to be untreatable and not maintained. The governance and policy should also be dealing with ensuring stable and smooth water flow, thus reducing the risk of sedimentation existing in irrigation networks. It means that farmers (especially in the downstream areas) remain positioned in the most disadvantaged social class in terms of water use in Klaten Regency. Difficult access to irrigation mainly in the dry season is causing them to have to work with various ways to keep rice production running.

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Figure 6.10. The Damaged Situation of Secondary Irrigation Network in Juwiring Sub-district (Photo by Trinugraha,2017)

6.6.Perceptions and Expectation toward the New Water Resource Law As mentioned before, abundant water resources in Klaten Regency can be a potential for the welfare of the community, but also can be a potential for conflict if it is not managed properly. The various conflicts and actors involved in the conflict, as noted above, generally show that water governance has not worked well in Klaten Regency for so long. The issue of water privatization became a prominent issue during the enactment of Water Resource Law No.7/2004. In the context of Klaten Regency, the privatization of water is considered manifested through the presence of PT TI that has been commodifying water into bottled water with high sales value.

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The Water Resources Law can be said to be at the heart of the overall water governance in Indonesia. When the law was finally overturned by the Constitutional Court, many parties hoped for better water governance in Indonesia. Although up to now the new law has not been published yet, this research also tries to explain the expectations of various parties on the Water Resources Law that is being prepared. It seems that the discussion of the new Water Resources Law is not an easy process at the legislative level. Until this writing was done, it has been almost three years after the cancellation of the law, yet there is still no certainty when the law will be published. Some parties (such as civil society activists) argue that the new legislation process is considered to be non-transparent and open. They also argue that there are certain parties (especially private sector) who still disagree if the new law is passed because it will threaten their existence. This is very reasonable because in the existing draft of the Law the role of private parties is limited in water resources management. Based on information from the website of the House of Representatives of the Republic of Indonesia which was accessed on March 25, 2018, the latest development of the discussion on this legislation is at the step of drafting academic (www.wikidpr.org). However, according to some online media news, the Draft of Water Resources Law has now entered the Legislation Body (Baleg or Badan Legislasi) process of the House. However, it is interesting to try to explore the expectations of the parties on the newly drafted water resources law, especially the actors involved in water use conflicts in Klaten Regency. According to SM, a farmer and activist of P3A in Juwiring Sub-district:

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“Kalau harapan saya ya, kongkretnya pembatasan debit air dari pihak swasta. Mereka tidak ada ijin lagi utk penambahan debit air. Air benar-benar dikembalikan sebagai fungsi sosial, tidak boleh menjadi barang ekonomi yang diperjualbelikan. Dalam hal ini air kemasan dan PDAM itu adalah kepentingan bisnis.”

"My hope, there should be a concrete limitation of water that is taken by the private sector. They are no longer permitted for the addition of water discharge. Water is completely restored as a social function; it should not be a trade-bought economy. In this case, the bottled water and the PDAM are interests in business." (Interview with SM, April 24, 2017)

SM’s expression above shows explicitly that the state should have a firm position and the private sector should follow the applicable rules made by the state. In addition, he categorizes that bottled water and piped water supply provided by PDAM is a form of water commodification or a form of interests in business, in which he said not a "priority" compared to irrigation water for agriculture and water for the daily needs of the community (for drinking, bathing, washing, etc.). In fact, the opinion of the farmer is in line with one of the recommendations of the Constitutional Court at the time of the Water Resources Law No.7/2004 cancellation in 2015, especially on the point that private parties are allowed to engage in water management, only after all the daily needs of the community have been fulfilled. Meanwhile, SG, one of the directors of PDAM Klaten stated that:

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“Bagaimanapun kita butuh swasta lain karena nggak mungkin PDAM bisa menyelesaikan sendiri…banyak swasta lain yang perlu bergerak….mereka pakai tangki dan ngedrop ke wilayah- wilayah desa…dengan cara mengambil air baku yaitu sumber yang sama dengan PDAM…Ya meskipun Undang-undang Dasar mengatakan bumi dan air dikuasai negara, tapi prakteknya itu akan sulit karena menyangkut kepentingan banyak pihak.. Kita di sini juga sebenarnya secara institusi punya kewenangan terbatas..Kan tugas negara. Lha seharusnya pemerintah yang berperan banyak..PDAM ini kan dalam Undang-undang hanya disebut sebagai operator.”

"However we need other private sector because it is impossible for PDAMs to solve all water problems by themselves ... many other private companies need to make a move ... they use tanks and drop water into village areas ... by drawing raw water whose source is the same with PDAM ... Yes though the Constitution says that the earth and the water are controlled by the state, in practice it will be difficult because it concerns the interests of many parties .. Here, we also actually institutionally have a limited authority ... The government should have the big role. PDAMs as stated in the Law are simply referred to as an operator only." (Interview with SG, March12, 2015)

The expression of SG shows expectations about water governance, especially clean water through pipelines in Indonesia. This statement is somewhat related to a somewhat pessimistic view in general about the ability of BUMN/BUMD (Badan Usaha Milik Negara or State-Owned Enterprise/Badan Usaha Milik Daerah or Regional-

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Owned Enterprise) in managing water because in many cases they do not have the infrastructure and sufficient funds to provide clean water piping in Indonesia. However, although the government do not deny the private presence in the management and supply of water (drinking) in particular, the greatest role as regulator should still be held and controlled by the state. The statement above indirectly wants to say that the new law, while still providing space for the private sector, should emphasize that the country should have the greatest power as regulator and controller of water management as a whole. Meanwhile, for the private sector, as mentioned above, it is hoped that the new law still can accommodate them as well. As expressed by RH, the chairman of the Association of Bottled Drinking Water Companies Indonesia (ASPADIN or Asosiasi Perusahaan Air Minum Dalam Kemasan Indonesia), there are at least three issues that private parties question on the new draft ofWater Resources Law. First, the draft of Water Resources Law does not provide the flexibility of water management to the private sector. Secondly, the draft also equates the drinking water industry with a piped drinking water company, which they think will jeopardize the sustainability of the bottled water industry because the piped water and the bottled water are two different things; piped water is related to and included in the infrastructure while bottled water is included in manufacturing. The third is related to licensing, in which the licensing plan is only given to companies of State-Owned Enterprises and Regional- Owned Enterprises in the new draft.If the private sectorwant to operate,they must go through these institutions (okezone.com, February 15, 2018). From the above three expectations and arguments (farmers, PDAMs, and private sector), it appears that each has its own unique

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outlook on their expectations of the new Water Resources Law. Farmers prefer to limit the role of the private sector in water management so that it will not interfere with their irrigation water discharge. While PDAM does not deny the helping presence of the private sector, other than itself as a provider of piped water for the community.This means that PDAM does not reject the presence of the private sector for the provision of clean water since PDAMs do not have the capacity to provide clean water for all communities, both in rural and urban areas. However, PDAM also depends on the government; if the government intends to strengthen PDAM, then PDAM will be ready. Meanwhile, the private sector feels more threatened by the draft that will be the embryo of the new Water Resources Law.They feel that the new draft on Water Resources Law has not accommodated their existence, and even tended to threaten their existence in Indonesia. Whatever the views and expectations of various water user actors in Indonesia in general and in Klaten Regency in particular, efforts to realize good water governance in Indonesia may still be a long journey. Efforts to manage a fairer water resource and improve the welfare of the people especially those who are poor through the new legislation may be challenging with the current Indonesian government's policy of vigorously seeking to bring in foreign investment in Indonesia. The effort to issue a new water resources law does not seem to be an easy path. Contestation of interests among actors are still occurring, especially private sectors who feel threatened by the presence of the new law.

6.7.Water for Food or Water for Drink? Conflicts and debates about water use in Klaten will raise further questions, how should water use be prioritized? The issue that

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arises about the commodification of water on one hand and the use of irrigation water on the other indirectly raises this question.The ever- emerging debate in water use conflicts in Klaten Regency is that; how should water be prioritized? To explain this, we will look back at the policy on the priority of water use. According to Government Regulation No.121/2015 article 8 clause 5 concerning Water Resources Management, the priority allocation for the use of water resources includes: a. Raw water for meeting daily basic needs; b. Raw water for the fulfillment of daily basic needs obtained without permission; c. Raw water for the fulfillment of basic daily needs which has been determined by its license; d. Water for irrigation for smallholder agriculture in existing irrigation systems; e. Water for irrigation for smallholder agriculture that has been licensed; f. Water for the utilization of raw water for the Water Supply system whose license has been assigned; g. Water for non-business activities for which the permit has been assigned; h. Water for the fulfillment of the business needs of Drinking Water by state-owned enterprises/regional-owned enterprises that have been licensed; i. Water for the fulfillment of business needs other than drinking water by state-owned enterprises/regional-owned enterprises that have been licensed; j. Water for the fulfillment of the business needs of Drinking Water by private business entities that have been licensed; and

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k. Water for the fulfillment of business needs other than Water Supply by a private business entity whose licensed has been assigned. From the above Government Regulation (although the regulation itself is no longer applicable after the cancellation of Water Resources Law No.7/2004), it can be seen that the priority of water use lies in the daily needs of the community, both for drinking and agricultural irrigation. Using water for daily needs of the community does not need any permission (with an average limit of 60 liters/person/day based on Government Regulation No.69/2014 on Water Use Rights). Although the above Government Regulation still refers to the revocated Water Resources Law No.7/2004, the principles mentioned above are in fact in line with the decision recommended by the Constitutional Court during the cancellation of the law. In a judgment that responds to the petitioner's assumption that Water Resources Law No.7/2004 was deemed to be leaning towards commercial interests and causing horizontal conflict, the Constitutional Court recommends the following: a. The State guarantees everyone the right to get water for their minimum daily needs to fulfill their healthy, clean and productive lives. b. Water resources are controlled by the state and used for the greatest prosperity of the people. c. Right to Use Water is obtained without permission to fulfill the daily basic needs of individuals and the people's agriculture within the irrigation system. d. The provision of water to meet basic daily needs and irrigation for agriculture in existing irrigation systems is a top priority of providing water resources above all needs.

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e. If prioritizing the provision of water resources causes harm to users who have used previous water resources, the government or local government shall regulate compensation to the user. f. The development of a drinking water supply system is the responsibility of the central and local government. Furthermore, it is said that the above arrangement will be further described in more detail in the Draft of Government Regulation on Water Use Rights. Based on the recommendation of the Constitutional Court above, it shows that the public interest to fulfill daily water needs is the number one priority. In this context, agricultural irrigation water becomes one of the main priorities and does not require licensing in its use, as well as drinking water and water for the daily needs of other communities. The recommendation also reflects that if any party is harmed (especially local people or previous water users), the government is obliged to regulate the compensation. The normative recommendation of the Constitutional Court should be a reference for the new Water Resources Law being drafted by the House of Representatives. However, until now the new law has not yet been finalized. Formally legal, water for basic daily necessities (including drinking water) is the priority of all needs that involve water use. Of course, according to the Indonesian constitution drinking water here should mean drinkable water that is reasonable for consumption and provided in affordable access to all people. In this context, affordable water is only possible being provided with good infrastructure, involving the connection of pipes and faucets. In many developed countries, the presence of tap water is widely provided and subsidized by the state.

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In Indonesia, the presence of piped water through PDAMs in various regions in Indonesia is only concentrated in urban areas and limited customers. Moreover, the water quality is often considered not suitable for consumption. In rural areas, the effort to provide piped water as stated earlier is presented through PAMSIMAS (Program Nasional Penyediaan Air Minum dan Sanitasi Berbasis Masyarakat or National Program for Community Based Water and Sanitation Supply), although it is still very limited. Those who are not served by PDAM and PAMSIMAS pipelines, generally seek fulfillment of clean water by making private wells in their homes or by taking them from springs around their area. The existing gap has finally become an opportunity for the trend of increasing the bottled water market in both urban and rural areas in recent years. Linton (2014) stated that bottled drinking water is part of commodification. The rising consumption rate of bottled water in Indonesia certainly cannot be separated from the discourse of "clean and healthy water" which is constructed by a bottled water company through various advertisements in mass media. Because of the presented practicality on various events in community, the consumption of bottled water continues to show increasing trend over time in Indonesia. In Klaten Regency, competition and disputes occur as if between bottled water and water for agricultural irrigation. Drinking water becomes problematic, since it is a not cheap drinkable water, but bottled water that is packed in bottles and sold at not cheap prices instead, and is distributed massively to other regions of Indonesia. It is in this context that downstream farmers feel that bottled drinking water is a commodity and is not a regular, cheap and easy to access on a daily basis kind of drinking water.

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The social construction of water as an economic and commercial good is probably a relatively new thing in Indonesia, since so far water in Indonesia is considered moreas a public good that anyone can consume for free. Therefore, the phenomenon of bottled drinking water is widely regarded as a form of commercialization or commodification of water in Indonesia, and for many people, it is considered feasible to be challenged as well. Meanwhile, the construction of water as irrigation water may have been considered as not a commercialization process because it has been running for years and tends not to involve large companies. In the context of this research, the users are small farmers in many villages in Klaten. The use of water for eating or drinking should not be contested, if both refer to the priorities of the daily needs of many people, and not to the benefit of a few people/groups. This is as stated in the Government Regulation No. 12/2015 and the recommendations of the Constitutional Court on the new Water Resources Law as stated above. However, when drinking water is then commodified to only be bottled water that is not cheap and not accessible for all communities and groups, the priority of drinking water for the community becomes only an illusion.

6.8. Summary This section discusses the field findings of conflicts over the use of water resources in Klaten. Some of the chapters discussed are about the chronology and typology of conflicts that occur, the actors involved, the relation of power between actors, and how the contestation is seen in the hydrosocial and waterscape lenses that form the basis of the theoretical framework of this research.

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Based on the findings and analysis, we can outline that there are various actors involved in this water conflict in Klaten, namely the government (with various levels), private (corporation, in this case, PT TI Aqua Danone), Local Water Supply Companies (PDAM), universities/research institutions, NGOs and CBOs, as well as downstream farmers in particular.

From the hydrosocial and waterscape point of view, we can see that there are at least three types of water flow or the hydrosocial cycle in Klaten, namely irrigation water, bottled water, and piped/ tap water. The three types of water cycle flow together and contest through various policies, discourses, technology, and conflicts that occur. All of them form the face of the waterscape in Klaten, which is briefly described as the imbalance of power relations between actors. Certain actors (especially corporations) have stronger power than farmers. Likewise, the position of the government, which should be the regulator and mediator of all parties, at certain times is able to dominate other actors (especially farmers).

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CHAPTER 7

CONCLUSION

Overall, this study would like to answer the research questions that have been put forward in the first chapter. The first research question is: How is the history and dynamics of water resources management policy in Indonesia? The second research question is what (How) is the process of water commodification and its impacts for downstream farmers in Klaten? And the third research question is who are the actors and how are the power relations in the water conflict in Klaten? What are the perceptions and expectations of the actors (local government, companies, farmers, NGOs) on the upcoming new Water Resources Law? Answering the first question, historically the water resources management policy in Indonesia follows the development of the community itself. The policy and regulation of postcolonial water resources up to the New Order era (the 1980s) more regulate the existence of irrigation water than water used for other needs, in line with the priorities of the government at that time who wanted to achieve food self-sufficiency (rice). After the Reformation of 1998, came the Water Resource LawNo.7/2004 which is considered liberal by many people, so some circles filed suit for the Law to be canceled. After being canceled by the Constitutional Court in 2015, the public is still waiting for the new Law. The second question about the water commodification process has been answered with an explanation on the chronology of the present bottled water companies in Klaten Regency. The process of commodification has shifted the view of water as public goods into private goods. This commodification process goes hand in hand with

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social-political changes since 1998 from the authoritarian era of the New Order to the Reform era in Indonesia. The subsequent decentralization era has encouraged various regions to compete to sell the economic potential of their respective territories, including inviting and incorporating foreign investment into its territory. Meanwhile, in answering the third question, the actors in water resources conflict in Klaten Regency has been illustrated at the beginning , which are government, private/corporation, farmers, and local NGOs. In the context of relations between actors,it can be said that the corporation and government have greater power than the community/farmers. Governments and corporations work together and have mutually beneficial relationships with each other. Corporations need governments to expedite their business licenses, while governments need corporations to earn local revenue for their regions, as well as to mobilize the local economy. Also, PDAM, Surakarta City government, as well as local NGOs are other actors who are involved in the water conflict in Klaten Regency. Regarding the third question, the issue of water as a private or public good is inextricably linked to the specific social construction in Klaten Regency, which is about bottled water and irrigation water. Viewed from a certain perspective, both types can be categorized as placing water as an economic good. However, the phenomenon of bottled drinking water is considered to represent the phenomenon of commercialization or commodification of water, while the existence of irrigation water is still not part of water commodification, as its users are small farmers in rural areas. As for answering the fourth question, it has been pointed out that some parties still hope that the new Water Resources Law will lead to fairer access to water. However, to apply this notion in detail is not easy to be done. Various parties are also still doubtful with the

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process of the draft preparation because the process is considered to be not transparent and likely to be influenced bythe interests of many actors, especially the private sector/corporations involved in the use of water resources. The recommendation of the Constitutional Court after the cancellation of Water ResourceLaw No.7/2004 in 2015 which states that the use of water resources should be prioritized for the benefit of the public is a spirit to make water policy better and fairer. The biggest question, however, is how the government will provide the community with the necessary water infrastructure (both irrigation water and clean water through tap water). In short, it can be said that the hydrosocial cycle in Klaten Regency consists of various series of physical cycles of water that move along with the flow of water commodification along with various regulations that are strongly influenced by global and local forces and are currently undergoing transition. All of which results in actors of user water that are mutually contingent and conflicting with one another, and in many cases creates an imbalance of power relations. All of these then form a waterscape in Klaten Regency. The water quantities are abundant in this region but tend to be increasingly difficult to access by some groups, mainly the small-scale downstream farmers, especially in providing sufficient irrigation water. The policy discourse of water resources management in Indonesia is undergoing a transition. Policies and regulations that are considered liberal and not pro-poor people (through Water Resources Law No.7/2004) have been canceled and the government is now on the way to make new policies and regulations. Although up to this research, the new law has not yet been issued. The various forms of change are faced with challenges and dilemmas, such as the government's ability as a regulator and operator of the policy and in

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applying the policy for the prosperity of the community as its top priority. The debate over the role of the private sector in water management will be an interesting discussion. Still, the greatest control should be in the hands of the government; if the private sector has a role, it must be under the control of the government.

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