Utilisation of Geothermal Energy that Impact Rights to Clean Water Needs

Geothermal utilisation policy based on the consideration highlights that geothermal resources are natural resources which are low cost and environmentally friendly. In some countries, including in Indonesia, waste from geothermal utilisation causes pollution of water sources in geothermal working areas. A normative juridical method was employed in this study, which data was processed based on the research of secondary data. The study results indicated that (1) geothermal management in the protected forest area of Mount Slamet, Central Java in Indonesia, resulted in contamination of clean water sources that were commonly used by the community for their daily needs. The liquid that came out of the process of geothermal exploitation had an impact on water governance in protected forest areas. In some countries pollution of water sources caused a longterm threat to human health and environmental sustainability, (2) the danger of sustainability of water resources in protected forest areas, it was caused by the policies undertaken did not pay attention to the principle of prudence. Therefore, it is necessary to reformulate policies in the utilisation of geothermal resources.

state policies in geothermal utilization, taking into account the precautionary principle. The state is obliged to maintain ecosystems in geothermal working areas. The maintenance of a good ecosystem will increase the carrying capacity of the environment. 7

B. Research Methods
This study adopted a normative approach. It examined legal norms (statutory regulations). Library materials were used as secondary data. This research was descriptive-analytical, which described data obtained based on facts. The collected data were analysed using qualitative juridical methods. To achieve clarity on the issues discussed. Then a logical interpretation was carried out through investigating the law itself by exploring a relationship between the law and other laws as long as the law still had its relevance.
C. Discussion

Impact of Geothermal Utilization on Water Management Which was a Source of Water for the Community
Indonesia has the potential of geothermal energy which consists of 40% of the world's geothermal reserves, but its utilisation is still very low at 3.1% 8 . One of them is in the southern slope of Mount Slamet, Central Java. The hill of Mount Slamet has eight geothermal manifestations consisting of four points on the northern slope, two points on the northwest, and two points on the south (Baturraden) which have the closest distance 7 km from the centre of the eruption. 9 Based on the assessment and processing of data from the preliminary survey, the Director-General of Mineral, Coal and Geothermal submitted a letter from the Ministry of Energy and Mineral Resources regarding the proposed determination of geothermal mining work areas in the Central Java 10 Baturaden area. Furthermore, the Ministry of Energy and Mineral Resources issued a Minister of Energy and Mineral Resources Decree regarding the determination of geothermal mining working areas in the 7 Rachmadi Usman, Pokok-Pokok Hukum Lingkungan Nasional (Principal of National Environmental Law), Jakarta: Akademika Pressindo, (1993) Baturaden area, Banyumas Regency, Tegal Regency, Brebes Regency, Purbalingga Regency and Pemalang Regency, Central Java Province 11 . Even though Baturraden located on Mount Slamet is a protected forest area. 12 Protected forest areas have a primary function as protection of life support systems to regulate water systems, prevent flooding, control erosion, prevent seawater intrusion, and maintain soil fertility. Baturaden is a protected forest area is useful for maintaining the management of Prukut River water in Karangtengah Village, Cilongok District, Banyumas Regency, Central Java Province. The exploration phase of the Baturraden PLTB project on Mount Slamet has caused the turbidity of the Prukut River.
On October 10, 2012, an auction of geothermal working areas was held by PT Sejahtera Alam Energy won the auction to carry out the PLTB project in Baturraden, Central Java Province 13 . In 2014 a power purchase agreement was carried out with a total investment of 900 million USD. 14 Furthermore, PT Sejahtera Alam Energy has IPB 15 geothermal permit PT Sejahtera Alam Energy Geothermal Mining in the Baturraden working area, Banyumas Regency, Tegal Regency, Brebes Regency, Purbalingga Regency and Pemalang Regency, Central Java Province.
The research conducted by the Banyumas Study Circle stated that this was due to the flow of material, especially land in the Baturraden PLTPB project, into the river. The cloudiness of the Prukut River is felt by the residents of Karangtengah, Sambirata, Panembangan, Kalisari, Pernasidi, Cikidang and Karanglo. The seven villages are villages that are on the southern slope of Mount Slamet which depend on clean water needs for the springs that flow through the Prukut River. 16 One of the chemical elements in question and can be harmful to human health and naturally contained in geothermal working areas is boron. Keith Todd said that boron is an element that is needed in the development of plants if in small amounts, whereas if in large quantities, the element can be toxic. 17 The immune function contained in the human body can be damaged if the human body consumes excessive boron content as drinking water for a long time. 18 In geothermal drilling, (taking steam from reservoirs to fluid flows to power plants) 19 steam and/or liquids are taken from vulnerable reservoirs are mixed with hazardous chemical elements. Even though the drilling process has been using sludge and addictive materials that are safe and environmentally friendly. As a government-issued policy regarding the management of drill mud and drill cuttings in geothermal drilling. 20 This problem is caused when the power plant operates, almost all hot springs, boiling springs and warm springs which are sources of underground water around geothermal areas are sucked into the surface of the ground through steam extraction activities in the process of geothermal exploitation. 21 Even though the water vapour is channelled back to the disposal of geothermal wastewater or reused to heat the reservoir area in geothermal areas, then there is a mixture of water with chemical elements in geothermal areas. Some of them are dangerous chemical elements when mixed with the medium of water consumed by humans.
The same problem is experienced by Tibet, which is a region that has many geothermal areas and natural hot springs. Geothermal areas in Yangbajing are in the Northeast of Lhasa City, China chemical elements with very high concentrations of boron, arsenic, and fluorine. 23 The results of research conducted by Qinghai Guo, Yanxin Wang, and Wei Liu on the Zangbo River showed that there was water contamination originating from water management in the Yangbajing geothermal working area containing chemical elements boron, arsenic and fluorine with relatively high concentrations of the womb element of Boron 3.82 mg/L, Arsenic 0.27/L, and Fluorine 1.85 mg/L. 24 The concentration of Boron, Arsenic, and Fluorine content recommended by the World Health Organization is Boron 0.3 mg/L, Arsenic 0.01 mg/L, and Fluorine 1.5 mg/L to be used for drinking needs. 25 Geothermal wastewater flowing into the Zangbo River has changed the quality of river water. River water samples collected in the lower reaches of wastewater disposal have higher concentrations of boron, arsenic and fluorine than those collected upstream. Although the Zangbo River has resilient power due to the sedimentation process, governance in the river waters has caused harmful effects on human health. 26 Based on a statistical survey conducted by the Hydrological and Water Resources Survey Bureau in Tibet in 2003, 80% of workers at the Yangbajing Geothermal Power Plant experienced baldness, and 30% of workers suffered porous teeth at the age of 30. Meanwhile 60% of the villagers who lived in the Yangda Village of Duilongdeqing Country near the geothermal field had suffered baldness and porous teeth at the age of 30 due to consuming water from the river. 27 These environmental problems also occur in geothermal working areas in Tibet, China (Yangbajing Geothermal Power Plant) and Turkey. 28 Boron pollution in the waters of the Great Menderes Basin is caused by the use of water originating from groundwater and mixed with industrial geothermal waste Kizildere Geothermal Power Plant. Based on the results of the study, the boron content contained in water management is in hazardous 23  levels or is very dangerous to tolerate or to be consumed by the human body. 29 Furthermore, similar research was found in northern Greece due to geothermal mining activities from geothermal areas in Central Macedonia, Northern Greece. The results of the study state that water samples, boron concentrations that exist exceed the WHO-defined safe limit (0.3mg/L) and in some areas with high geothermal activity, the boron content exceeds 1mg/L which far exceeds the appropriate water consumption limit in The European Union. 30 Environmental protection arrangements in the sense of ecological preservation, but also related to the regulation of the use or use of natural resources. 31

Reformulation of Policies to Prevent the Impact of the Sustainability of Water Resources by Paying Attention to the Principle pf Prudence
Environmental law regulates the behaviour of legal subjects in the use and protection of natural resources and the environmenthuman protection from negative impacts arising from the use of natural resources. Thus, environmental law is not always related to. In the scope of geothermal utilisation for electricity, environmental law plays a role so that engineering is carried out by the principles of environmental protection and management. Policies that protect human health from possible impacts.
Pamela Hill said that environmental protection or environmental protection is defined as "reducing pollution, making sustainable choices, seeking holistic solutions, and distributing the burdens and benefits of industrialisation among all populations, considering their current situations, their contribution to the harms being addressed, and the resources available to them. 32 Based on this understanding, environmental protection is a series of efforts aimed at creating protection for humans not only for the environment itself. It is because in the management of the situation if it is carried out massively with uncontrolled pollution it impacts on the availability of the resources themselves and impacts on the survival of the surrounding human population. Improvements in geothermal management policies must begin with the precautionary principle. This principle originates from the basic concept, that 29  every policy maker must act based on thought, consideration and scientific study of the possible impacts of the policy, to protect the environment from the dangers of pollution and/or damage. 33 Based on Principle 15 of the Rio Declaration on Environment and Development (1992) it is stated that "To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. "This principle explains that uncertainty about the impact of a business and/or activity is due to limited mastery. This principle explains the uncertainty about the impact of a business and/or activity due to limited mastery. Science and technology is not an excuse to delay measures to minimise or avoid threats to pollution and/or environmental damage. The precautionary principle is taken into consideration because the geothermal utilisation policy must answer the question "whether the policy is good for the environment and human health ? can this policy protect the environment and humans at this time and in the future?". In the problems of PLTB Baturraden which pollute the Prukut River is learning for policymakers in Indonesia towards geothermal utilisation which is generally carried out in forest areas.
The Indonesian government uses geothermal energy indirectly as a nonmining activity. The policy is legalized in the form of several laws and regulations concerning indirect use of geothermal energy, utilization of geothermal environmental services in several regions. 34 The regulation becomes the legitimacy of the use of geothermal energy in forest areas both nature conservation and protected forests. Geothermal energy is expressed as clean energy but does not exclude prevention instruments which are also regulated in the Law on Environmental Protection and Management. Prevention instruments based on the precautionary principle must be used for policymakers in considering the use of protected forests as geothermal processing areas.
Mount Slamet is a protected forest that functions to meet the needs of clean water for the surrounding community. Environmental functions related to the water system must be preserved. 35 Regarding the establishment of protected forest as a geothermal working area, there must be a preventive instrument from the impact of changing the water system in the protected forest.
The parties that play a role in forest use must consider that every action taken can be carried out sustainably (both for mining, the utilisation of timber products from the forest directly, or in the context of clearing land for plantations). Each of these actions must be carefully reviewed so as not to produce output in the form of damage to the ability of forests to protect water and soil conservation. 36 Moreover, in this case the forest area utilised is the area of Mount Slamet is a protected forest that has the main function to protect the life support system from regulating water management, prevent flooding, control erosion, prevent seawater intrusion, and maintain soil fertility. 37 Implementation of the precautionary principle in this problem can be applied in preventive instruments in the form of environmental permits. Preliminary surveys and exploration of an area are determined based on geological, geophysical, and geochemical conditions. It is estimated that there are geothermal resources and estimates of geothermal reserves. Furthermore, through environmental impact analysis (Amdal) a holistic assessment, forecast and evaluation are carried out on the impact of the planned activities.
The EIA is based on the criteria for the number of people affected, the area and the intensity and duration of the impact. If this procedure is carried out based on a comprehensive scientific study, of course, there are considerations regarding the fatal implications of geothermal utilisation in protected forest areas on the sustainability of water resources and human health. These studies and scientific factors can lead to policies that arise regarding environmental inadequacies so that both environmental permits and IPB cannot be issued. This policy can realise environmental, and human protection from more significant threats. Implementation of the precautionary principle can be included in the improvement of norms relating to the management of drill mud and drill cuttings in geothermal drilling. Based on the regulations 38 concerning sewage mud and drill cuttings, that from geothermal drilling, water and airbased drill mud is not included in the category of hazardous and toxic material waste. However, based on the regulation 39 regarding the management of drill mud and drill cuttings in geothermal drilling, it is regulated regarding the provisions for the management of drill waste, which must be ended by a stockpiling mechanism. It shows that it is not permissible for the misuse of drill mud and drill cuttings to be dumped into the river.
The principle of prevention or the precautionary principle determines when making changes so that there is no degradation in the quality of the environment due to pollution. Furthermore, this principle also discusses the absence of environmental damage. Prevention is carried out on activities and/or businesses that have not been recognized broadly and the extent of the loss and/or injury. Prevention is carried out by taking concrete steps, although no precautionary principle is an important principle and was adopted in various policies after it was outlined in the 1992 Rio Declaration produced at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro, Brazil 3-14 June 1992. Principle 15 of the Rio 1992 Declaration states that: " To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation" The precautionary principle shows that caution needs to be exercised by the state in its policymaking. The concept of early returns has indeed been approved and widely applied in various aspects of life. In answering it with the precautionary principle, it was stated that "Science does not always provide the insights needed to protect the environment effectively, and that the effect of my results is undesirable if steps are taken only when science does provide such insights" Furthermore, also suggest that "The essence of the concept of caution, the principle of caution, is that once risks have been identified, the lack of scientific evidence of cause and effect should not be used as an excuse not to take action to protect the environment" no in the application of the precautionary principle: a. After the risk has been identified. If it has been identified, a loss that may arise. b. Where there is a threat of severe or irreversible damage, if there are severe or serious problems, these problems can be cured. Serious and irreversible damage is erratic in size and must be seen on a case by case basis.
c. Lack of scientific certainty. If needed, it will happen because there is uncertainty or distrust of confidence about the magnitude and breadth of the consideration that will occur. The purpose of carrying out drilling mud waste is a form of limitation of activities in geothermal activities to prevent the destruction of ecosystems. Thus the existence of legal norms that regulate waste dumping is a form of implementation of the principle of prudence. This hoarding mechanism can also be applied in geothermal utilisation, even though geothermal energy is believed to be clean energy. Geothermal business actors must conduct an assessment of the impacts of geothermal exploitation activities. The evaluation of this impact is not only on the use of geothermal energy in protected forests but also on every geothermal utilisation in other areas to minimise environmental pollution.
The policy of establishing the Baturraden area as a geothermal working area must be conducted in a holistic study as a form of implementing the precautionary principle. In 1990 the Presidential Decree 40 stipulated that cultivation activities were prohibited from cultivation, except those that did not interfere with the protected function. It's just that in this case, the protected function is disrupted due to the long-term impact of the use of geothermal energy which is directly in contact with the water medium.
The focus of this problem when it is associated with controlling protected areas should be the focus of policymakers in determining whether an area is feasible which supports the balance between environmental preservation and the needs of the general public for development interests when the threat is far greater than the benefits to be obtained and is a form of utilization which interferes with the protected function.
Corporations or individuals can cause the use of protected forests that affect communities around the forest. Therefore, policymakers must pay attention to the rights of the people affected by forest management. The concept of human rights includes horizontal relations, where corporations are responsible for activities that intersect with people's lives. The existence of companies inevitably has an impact on people's lives which often results in reduced human rights. The interface between corporations and human rights is at least related to the right to a clean and healthy environment, the right to availability and accessibility to natural resources. Because of that, it is time for the obligations and responsibilities for the protection and promotion of human rights also in every individual and corporation. It was also stated in 1998 in "Declaration on the Right and Responsibility of 40

D. Conclusion
Based on the discussion described, it can be concluded that: 1. Geothermal utilisation policies had an impact on water governance which was a source of water for the community. Indirect use of geothermal energy caused the natural mixture of dangerous compounds to be susceptible. These dangerous compounds polluted water sources around the geothermal working area. The impact of pollution had a longterm threat to human health, so that prevention of impacts is needed. 2. One of the efforts taken was to use the precautionary principle towards the start of the policy. The precautionary principle was implemented through Amdal instruments and environmental permits and landfill. The use of the precautionary principle was prioritized so that indirect geothermal utilisation activities are carried out in vital areas that sustain water conservation in protected forest areas.
Based on the research that has been carried out there are several suggestions including: 1. As a form of good protection for forest areas that has a main function in maintaining the sustainability of water resources to the health of people who depend on clean water from the water source, then the use of clean geothermal energy for the general public in protected forest areas can only conducted as long as it does not interfere with the function of protected areas. 2. The government is carrying out the determination of geothermal working areas should carry out a thorough consideration and assessment of the impact of the indirect use of geothermal energy in the area on the environment to aspects of human health.