Model Law for Protection of the Rights of River

Abstract

The purpose of this research was to create the Model Law of River-right protection by using qualitative research methodologies which are in-depth interview, co-design, and public hearing. The research found 3 main problems of the river that were sewage discharge, land invasion, and weed expansion from water usage based on anthropocentric concept when the concept had changed to eco-centric made the river had rights which could not be violated by human. Giving rights to the river, it must be a legal person by International Law. The river had 5 rights which were right to own law status in order to have protection of the river’s right, right to flow and expand by nature, right to function in ecosystem, right to have native biodiversity, right to be non-toxic and self-recovery, by the model Law of River’s Right Protection. This model law’s structures composed of scope of river’s right, legal status of the river, committee of river rights protection, participatory of people, functions of state and people, and measures of rights protection. The policy and legal suggestion of this research was state should give policy to any department in order to host activities that contribute moral mind in concerning worth of environmental and natural resources by indoctrinate eco-centric concept to communities. Legal side, the land adjacent the river must be expropriated and protected belong to the state for effectively maintain the distance line from land usage. Further research recommended is the recognition of the rights of nature by enacted local ordinance related to protection river’s rights.