Hendrik Yaputra, Jakarta – Sea sand export has been officially prohibited following a ruling by Indonesia's Supreme Court (MA), which granted a lawsuit against Government Regulation (PP) Number 26 of 2023 on the Management of Marine Sedimentation Products.

The Court found the regulation to be in conflict with higher legislation, namely Article 56 of Law Number 32 of 2014 on Maritime Affairs.

"Article 10 paragraphs (2), (3), and (4) of PP No. 26/2023 on the Management of Marine Sedimentation Products are declared contrary to higher regulations, namely Article 56 of the Maritime Law," the panel of judges stated in Decision Number 5/P/HUM/2025, issued on Monday, June 2, 2025. "Therefore, it is not generally applicable."

The panel ordered the respondent, the President, to revoke PP 26/2023. According to the court's reasoning, the regulation was not based on a legislative mandate or explicitly required by law. "This regulation was created out of necessity based on practical needs," the decision stated.

The judges stressed the importance of protecting and conserving the marine environment to sustain the ecosystem's capacity. One such effort includes managing natural processes like marine sedimentation in a controlled manner.

Article 56 of the Maritime Law does not regulate the extraction of sea sand for sale. The Court found that sand mining contradicts the intent of that article.

The Supreme Court judges considered the commercial exploitation of sedimentation, such as selling sea sand, to be a hasty policy that lacked careful consideration. They said it undermines efforts to use sedimentation sustainably for coastal and marine ecosystem rehabilitation, which should be non-commercial.

"This commercial policy neglects the government's responsibility to protect and preserve coastal and marine environments," the Court noted.

Based on these considerations, the Court concluded that the content of PP 26/2023 contradicts higher laws, specifically Article 56 of the Maritime Law. "Therefore, the petition for a judicial review should be granted, and the object of the petition declared to have no binding legal force," the ruling said.

The petitioner, Muhammad Taufiq, is a university lecturer. He filed a judicial review of Article 10 paragraphs (2), (3), and (4) of PP 26/2023. The respondent in the case was the President, who authorized the Minister of Law and Human Rights, the Minister of Energy and Mineral Resources, and the Minister of Maritime Affairs and Fisheries to represent him.

The petitioner argued that PP 26/2023 violates the legal hierarchy and contradicts several existing laws and regulations.

He also pointed out that regulations banning sea sand mining have existed since 2002. At the time, President Megawati Soekarnoputri issued Presidential Instruction No. 2 of 2002 on the Control of Sea Sand Mining, followed by Presidential Decree No. 33 of 2002 on Supervision and Control of Sea Sand Utilization.

Later, under President Susilo Bambang Yudhoyono, the Ministry of Trade issued Regulation No. 02/M-DAG/PER/1/2007 prohibiting the export of sand, topsoil, and earth materials.

"These facts reflect the government's previous firm stance against exploiting sea sand in Indonesia," the petitioner said.

He also emphasized that PP 26/2023 contradicts Article 56 of the Maritime Law, which places responsibility on the government to protect and conserve the marine environment.

The petitioner asked the Court to declare that Article 10 paragraphs (2), (3), and (4) of PP 26/2023 are in conflict with and violate Article 56 of the Maritime Law. He also requested the Court to rule that the regulation has no legal force and to order the government to revoke it.

PP 26/2023, which allowed the export of sea sand, had faced public backlash. It was seen as reopening the door to sea sand exports that had been banned for 20 years.

Many expressed concern over the environmental and social impacts, as well as the potential economic harm to fishermen and coastal communities.

Source: https://en.tempo.co/read/2021451/indonesias-supreme-court-cancels-regulation-allowing-sea-sand-expor