Shifting the water paradigm from social good to economic good and the state's role in fulfilling the right to water [version 1; peer review: 1 approved with reservations, 1 not approved]

Background: The problem currently faced is the availability of water to meet human needs, which is decreasing in number. On the one hand, there is a view that water is a commodity (economic good) while on the other hand says that water is a social good. These different approaches influence state policies in water management on how the state regulates and manages water in fulfilling the right to water for their citizens. The right to water implies that everyone should have access to water without discrimination. Methods: This study uses a normative approach, which reviewing water as social economic issues and adjusting by the legal rules relating to water and human rights. Results: Changing the paradigm of water from social goods to economic goods, this change is also based on water scarcity faced not only by one country but has become a global issue. Economic issues are the main topic in the global conversation, by reducing water in a social perspective, which should be the responsibility of the state as Article 33 paragraph (3) of the Constitution of the Republic of Indonesia 1945. This legal basis has logical consequences for the state to keep water as a social commodity oriented to the public interest. Conclusions: The pattern of economic approaches through privatization in the management of water resources has resulted in co-opting water as a collective source of life. Water is forced in commercial motivation rather than as a constitutive element that regulates water for the "sustainability of collective life" and "to the maximum extent possible for the prosperity of society." The fulfillment of the right to water by the state certainly cannot be directly fulfilled, the important thing is that there are progressive efforts to fulfill it, with community involvement in the management of water resources, especially local communities.