Balancing Private Property Rights and Conservation: Reconstructing Article 570 of The Indonesian Civil Code on Reservoir Riparian Buffer Land

Abstract

Property rights over land in Article 570 of the Civil Code are doctrinally positioned as absolute rights, but their implementation is still limited by legal interests and the social function of the land. Problems arise when certified ownership land is designated as a reservoir boundary, because restrictions on use for conservation purposes can reduce the economic benefits of rights holders without adequate compensation arrangements. This study aims to analyze the synchronization of Article 570 of the Civil Code, Article 6 of the Civil Code, and the Minister of Public Works and Public Works Regulation No. 28/PRT/M/2015 and formulate a legal construction that is able to harmonize the certainty of property rights and ecological interests. The research uses normative legal methods with a statute approach and a conceptual approach through the analysis of primary and secondary legal materials, including the doctrine of Schoorsteen Arrest, Krul Arrest, and the concept of ecological easement. The results of the study show that the applicable regulations have not built a coherent mechanism to balance the de jure recognition of property rights with de facto restrictions on the use of reservoir boundary areas. These conditions have the potential to cause legal uncertainty and inequality of conservation burden for rights holders. As a normative contribution, the study proposes the reconstruction of Article 570 of the Civil Code through the integration of the principle of ecological easement, while maintaining the existence of property rights, limiting its use proportionally for the sake of conservation, and providing compensation instruments in the form of fiscal incentives and payment for ecosystem services. The findings of the study emphasize the need to harmonize regulations and proportionate compensation mechanisms, while the recommendation is to revise reservoir boundary regulations or establish special legal instruments so that the protection of property rights and conservation interests can be realized in a balanced manner.