Building Prohibition in River Riparian Zones Remains in Force

Building houses in river riparian zones remains commonly found in various regions across Indonesia, particularly in major cities such as Jakarta. However, this practice is not actually permitted because riparian zones are protected areas regulated by government regulations.

The prohibition on building houses in river riparian zones is governed by Government Regulation (PP) Number 38 of 2011 concerning Rivers, which regulates the management of river space, including riparian boundaries or safe distances from the river edge. This regulation aims to protect river functions, prevent flooding, and safeguard the ecosystems in surrounding areas.

The regulation clarifies that river space consists of two main components: the river channel and the riparian zone. The function of the riparian zone is to serve as a flood conveyance area and protection space to ensure river functions are not disrupted by human activities. Where flood control embankments exist within the riparian zone, the space between the river channel and the embankment is called the riparian bank.

Due to its vital function, this area cannot be used arbitrarily for construction. PP Number 38 of 2011 also establishes minimum distance requirements for buildings from the river edge or riparian boundary line. For rivers without embankments in urban areas, according to Article 9 of the regulation, the minimum distance is approximately 3 metres in urban areas and 5 metres outside urban areas.

For rivers with embankments, the minimum riparian distance is approximately 3 metres in urban areas and 5 metres outside urban areas from the foot of the embankment. The regulation also provides that if buildings exist within the river riparian zone, such buildings may be declared in status quo and must be progressively regularised to restore riparian zone functions.

According to Article 17: “In the event that assessment results show buildings exist within the river riparian zone, such buildings shall be declared in status quo and must be progressively regularised to restore riparian zone functions.”

However, there are some exceptions for certain facilities related to public interest purposes, such as public utilities and infrastructure. Nevertheless, construction of houses, shops, or private buildings in riparian zones is fundamentally not permitted as this disrupts river functions and increases disaster risks such as flooding.