Can Riverbank Land Become Private Property?

Many people continue to question whether riverbank land can be privately owned or converted into private property rights.

This question frequently arises because numerous houses and buildings stand near or even above riverbanks, particularly in major cities.

However, under government regulations, river areas are actually considered protected zones with strictly controlled usage.

This is outlined in Government Regulation (PP) No. 38 of 2011 on Rivers, which governs river space management and the use of surrounding areas.

The regulation clarifies that a river consists of more than just flowing water. A river encompasses a space that includes several components, such as the river channel, riverbank, and river buffer zone.

The river buffer zone refers to areas on either side of the river that function as a protective space.

As part of river space, this zone is fundamentally prioritised to protect river function and flood control.

Under the provisions of PP No. 38 of 2011, riverbank areas are classified as protected zones that cannot be freely utilised by individuals.

This means that land located in riverbanks cannot be granted private property status to individuals. Usage must continue to respect river function and requires government authorisation.

Article 17 of PP No. 38 of 2011 specifically states that land utilised and built upon in the river buffer zone area is declared under status quo ownership.

If space is utilised in such zones, usage is only permitted for specific purposes related to river management or public facilities.

Buildings standing in river buffer zones under status quo status are subject to gradual enforcement and regularisation. This step is undertaken to restore the river buffer zone’s function as a protective space and flood control mechanism.

Nevertheless, certain exceptions exist for facilities related to public interest, including public utility infrastructure.