River Border Land: Can It Be Privately Owned?

• Admin
• Agraria
• July 8, 2025

Purchasing or owning land and/or buildings adjacent to or directly bordering a river requires careful attention to the existence of the “River Border Line.” This is because the river includes the riverbed, and the river border is considered state property (vide Article 3 of Government Regulation No. 38 of 2011 on Rivers).

What is a River Border?

Referring to the Regulation of the Minister of Public Works and Public Housing of the Republic of Indonesia No. 28/Prt/M/2015 on the Determination of River Border Lines and Lake Border Lines (Permen PU No. 28), a River Border is an imaginary line on the left and right sides of the river channel, established as a protective boundary for the river.

How Wide is the River Border?

The width of the river border varies, with a minimum width depending on:

1. The shape of the river (embanked or non-embanked);
2. The location of the river (within an urban area or not);
3. Depth;
4. Influence of tidal seawater;
5. Presence or absence of water springs.

To determine the width of the river border, inquiries can be made to the following government agencies:

1. The relevant Regional River Office or Major Regional River Office for rivers under the authority of the central government;
2. The relevant Provincial Public Works and Water Resources Office for rivers under the authority of the provincial government;
3. The relevant Regency/City Public Works Office for rivers under the authority of the regency or city government.

Consequences of Ignoring the River Border:

There are three potential losses that may be incurred if the existence of the river border line is disregarded:

1. If the purchased land is not yet certified, the portion of the land within the river border cannot be certified;
2. If the purchased land is already certified, the portion within the river border cannot be developed;
3. If the land is already certified and developed, buildings on the river border will be declared in a status quo, meaning they cannot be expanded. For example, a one-story building cannot be expanded to two stories. Moreover, such buildings may potentially be demolished if river normalization activities are required.

Legal Basis

• Law No. 5 of 1960 on the Basic Agrarian Law;
• Government Regulation No. 38 of 2011 on Rivers;
• Regulation of the Minister of Public Works and Public Housing of the Republic of Indonesia No. 28/Prt/M/2015 on the Determination of River Border Lines and Lake Border Lines;

Authors: Nicko Surya Airlangga, S.H. & Masta Pasaribu

Editor: Parwira Agusfia, S.H., M.H.