The Supreme Court has annulled a government regulation that permitted the export of sea sand, ruling that it violates the country’s maritime law.
The court granted a judicial review petition against Government Regulation (PP) No. 26 of 2023, which had allowed for the extraction and export of marine sedimentation products, including sea sand.
In its ruling, the Court declared that Article 10, paragraphs (2), (3), and (4) of the regulation were in conflict with Article 56 of Law No. 32 of 2014 on Maritime Affairs. “Therefore, it is not generally applicable,” the court stated in Decision No. 5/P/HUM/2025, which was issued earlier this month.
The panel of judges ordered the President to revoke the regulation, stating that it lacked a legislative mandate and had been issued based on “practical needs” rather than explicit legal requirements.
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The ruling emphasized the importance of conserving the marine environment and said the commercial sale of sea sand undermined efforts to manage sedimentation sustainably. “This commercial policy neglects the government’s responsibility to protect and preserve coastal and marine environments,” the Court said.
The petition was filed by Muhammad Taufiq, a university lecturer, who argued the regulation conflicted with existing laws and regulations that have prohibited sea sand mining since 2002. Previous administrations had issued presidential instructions and trade regulations banning such exports.
PP 26/2023, introduced last year, had sparked public backlash over potential environmental damage and its impact on fishermen and coastal communities. Critics said it reopened the door to sea sand exports after a 20-year ban.
The court ruled that the challenged provisions have no binding legal force and must be revoked.
Editing by Reiner Simanjuntak