Anti?Privatisation Debates, Opaque Rules and ‘Privatised’ Water Services Provision: Some Lessons from Indonesia

Abstract

Anti?privatisation debates dominate Indonesia's contemporary water discourse. This has culminated in attempts at invalidating the Water Law through a Judicial Review. Finally rejected by the Constitutional Court, the law remains in place, although polarised debate remains and prevents greater regulation across the sector. The polarised debate leads to hesitations in regulating private sector participation (PSP). As a result, there is a major lack of regulation of PSP in the water sector. This article examines two contexts – Jakarta, where a concession takes place and Bogor, where the service is run entirely by a publicly owned company. Customer rights, such as the right to be connected, to enjoy certain service levels, to compensation, to financial aid, to redress mechanisms, including the right to participation and transparency, barely exist in Jakarta but are adequately guaranteed in Bogor.