President Jokowi Re-allows Sea Sand Exports After 20-year Ban

VIVA – The Indonesian President Joko Widodo (Jokowi) issued Government Regulation Number 26 of 2023 concerning the Management of Marine Sedimentation Results. In the provisions contained in Chapter IV on Utilization, Article 9 paragraph 2, the government allows the sea sand export again, after being banned for 20 years.

The latest regulation contains provisions for the utilization of marine sedimentation products in the form of sea sand for reclamation, government infrastructure projects, infrastructure development by business actors to exports

"Export as long as domestic needs are met and in accordance with the provisions of laws and regulations," reads paragraph (2) letter d in PP Number 26 of 2023.

Business actors who will carry out activities to clean up the results of sedimentation in the sea (article 6) and the utilization of sedimentation results in the sea (article 9) must have a Marine Sand Utilization Permit.

Article 10 paragraph (4) states that mining business licenses for the sale of utilization of sedimentation results in the sea are guaranteed to be issued by the minister who organizes government affairs in the field of minerals and coal or the governor in accordance with his authority after going through a study by a study team and meeting the requirements in accordance with the provisions of laws and regulations.

Business permits for the utilization of sea sand shall be submitted by business actors to the relevant Minister, by submitting an application for a permit for the utilization of sea sand accompanied by a proposal and a general work plan containing objectives; working partners; and general work plan containing objectives; work partners; location of cleaning and utilization of sedimentation results in the sea which shows the location of the waters in the form of the name of the waters and geographic coordinate points. and geographical coordinates.

Physical, chemical and biological conditions of the waters; volume of cleaning and utilization of sedimentation products in the sea; methods and facilities; statement of ability to complete environmental approval in accordance with the provisions of laws and regulations.

The provision also requires business actors cleaning and utilizing sedimentation products at sea to report the realization of the volume of transportation and placement at the transportation destination; and receive the Monitoring Officer on board.

Business actors are also obliged to guarantee and pay attention to the sustainability of the lives and livelihoods of people around the cleaning site; the balance of preservation of the functions of the coastal environment and small islands; and community access around the cleaning site.

Regarding the business of transporting sea sand products, business actors are required to use transport vessels that must use Indonesian national crew members.

"In the event that the crew of the ship of Indonesian nationality as referred to in paragraph (1) is not available, the crew of the ship of salty nationality may be used," the provision reads.

It is known that the new regulation signed by President Jokowi on May 15, 2023, reopens the opportunity to export sea sand from Indonesian territory which was previously banned for more than two decades, in the two eras of President Megawati Soekarnoputri and President Susilo Bambang Yudhoyono.

The export of sea sand was previously banned through the Joint Decree of the Minister of Industry and Trade, Minister of Maritime Affairs and Fisheries and Minister of Environment Number 89/MPP/Kep/2/2002, SKB.07/MEN/2002, 01/MENLH/2/2022 on the Temporary Cessation of Sea Sand Exports.

The reason for banning the export of sea sand at that time was to prevent wider environmental damage, in the form of sinking small islands, especially around the outermost areas of Indonesia's territorial boundaries in the Riau Islands as a result of sand mining.

Another reason for the ban was the incomplete maritime boundary between Indonesia and Singapore. The reclamation project in Singapore, which derives its raw materials from the marine sand of the Riau Islands waters, is feared to affect the territorial boundary between the two countries.