Sharia cooperative as a body legal entity alternative for water commercial in Indonesia

Regulation of water governance has been returned to the Water Resources Act of 1974 after the issuance of the decision of the Constitutional Court which had canceled Law No. 07 of 2004 on Water Resources because contrary to the Constitution of the State Republic juridical Indonesia 1945 Year. The shift is certainly an impact on concession water governance in Indonesia. Therefore, this study discusses the concept of solution-based alternatives; sharia cooperatives as an alternative body of water utilization in Indonesia. The research focus is on the problems that arise after the Constitutional Court ruling against the exploitation of water governance in Indonesia and cooperative concept of sharia as an alternative in water utilization. The purpose of this study was to determine the urgency and relevance of the cooperative concept of sharia as an alternative body of water utilization in Indonesia.

This research is a juridical-normative legal research. The approach used is the approach of law (statute approach), the conceptual approach (conceptual approach) and the approach of Islamic law. Legal materials consisting of primary legal materials, secondary and tertiary. The method of collecting legal material to the determination of legal materials, assessment and inventory of legal materials law. Legal materials processing method performed by using deductive.

The legal consequences of the Constitutional Court Number 85/PUU-XI /2013 against the company's water management, first; on the grounds that the company's activities water governance which still continues to utilize the water resources without the power of a clear legal or illegal, can be categorized as form of theft or appropriation of water resources which can result in losses as stated pasda State Article 15 Paragraph (2) of the Act Watering. Second, the Water Act has not been fully affirmed the state as the only one who has the right to manage water resources; This is the entrance of companies from private water governance even multinational. Then, the cooperative as an alternative utilization of water governance has a strong legal standing, including Law No. 25 of 1992 as well as the cooperative sharia are already regulated in Decree of the Minister of Cooperatives No. 91 Kep /M.KUKM /IX / 2004. This is in line with Article 33 of the 1945 Constitution which calls earth, water and natural resources contained therein fully controlled by the state and used for prosperity of the people.