So Pro and Contra, Does it Have to Be a Well Drill Permit from the Government?

YOGYAKARTA - Many people are still confused about the regulation on the use of groundwater, especially regarding the question of whether to make a borehole must have a permit from the government agency or related service.

Understanding this rule is crucial to avoid legal conflicts in the future. The reason is that massive groundwater extraction without supervision can damage the environmental ecosystem and result in land subsidence.

Is it necessary to have a permit for a drilling well?

Based on the Minister of Energy and Mineral Resources Regulation Number 14 of 2024, the use of groundwater is now divided into two major categories, namely for business activities and non-business activities.

Legally, every groundwater extraction must have legality. For business actors, the documents needed are the Groundwater Exploitation Permit. Meanwhile, for the general public (non-business), the documents needed are called the Groundwater Use Agreement.

Thus, the short answer is that there are binding rules, but their implementation depends on the volume of water you use.

Criteria for Houses that are Free of Permits vs Mandatory Permits

The good news is, the government gives flexibility to small communities so that they are not burdened by bureaucracy, here are some of the limitations

Free Permit

Households that use groundwater less than 100m3 per month. As an illustration, the average family consumption in Indonesia is only 20-30m3 per month. The 100 m3 quota is equivalent to filling 5,000 gallons of water, so the majority of ordinary household boreholes do not require this permit.

Compulsory Permit

If the use of groundwater reaches or exceeds 100m3 per month per family head. This usually occurs in luxury homes with large swimming pools or large gardens.

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Requirements for Obtaining Groundwater Drilling Permits

If your use falls under the category of permit requirement, you must apply to the Minister of Energy and Mineral Resources through the Head of the Geological Agency. The documents that must be prepared include:

Identity and Location: Application form, drilling point coordinates, and period of use. Land Proof: Valid SHM, SHGB, or AJB and statement that it is not in dispute. Environmental Documents: Environmental permits and a statement of ability to make a seepage well or compensation. Technical Plan: Drawings of the construction of the drilling well and the plan for the water discharge to be taken per day.

Interestingly, the licensing process is now carried out transparently through the OSS System or the Online Licensing Application owned by the Ministry of Energy and Mineral Resources. Officers will evaluate based on the Groundwater Conservation Zone.

If your location is in a critical or damaged zone, the application may be tightened in order to maintain water availability for future generations.

So why is this rule tightened? The government wants to prevent negative impacts such as land subsidence and the entry of seawater into the mainland (intrusion).

In addition, illegal drilling without following technical standards can damage the quality of water in the surrounding environment and risk administrative sanctions to sealing wells.

Thus, for most residents, making a regular household borewell does not require a permit as long as the use is below 100m3 per month. However, make sure the well construction is in accordance with standards so as not to pollute the environment.

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