Indonesia moves to revise sea sand export policy after court ruling

The Indonesian government is revising a regulation that reopened the export of dredged sea sand, after the country’s Supreme Court annulled key provisions over environmental and legal concerns.

In a ruling last month, the court struck down three articles in a 2023 regulation that had lifted a 20-year ban on sea sand exports. The judges said the provisions violated the country’s 2014 Marine Law and could potentially exacerbate environmental damage, rather than fulfill the government’s obligation to protect marine ecosystems.

“By reopening permits for sea sand exports through the regulation, the government instead risks worsening already damaged environmental conditions,” the court said in its decision published June 2.

The ruling followed a judicial review request filed by law lecturer Muhammad Taufiq, who argued the regulation conflicted with existing legislation and lacked a strong legal foundation.

In response, Marine Affairs and Fisheries Minister Sakti Wahyu Trenggono said his office is now working with other ministries to revise the annulled provisions. After the regulation was issued in May 2023, the fisheries and trade ministries introduced additional rules to manage export permits, designate dredging zones, and mitigate environmental impacts.

Supporters of the export policy claimed dredging would benefit ocean health by removing excess sediment and generate foreign exchange. But critics argued that it threatens marine ecosystems and coastal communities in Indonesia, the world’s largest archipelagic nation, where millions rely on fishing for their livelihoods.

Indonesia initially banned sea sand exports in 2003 and reinforced the ban in 2007 to curb illegal shipments, particularly to neighboring Singapore, which has built entire islands from Indonesian sand.

Since the 2023 regulation came into force, however, reports of unauthorized dredging have increased. Marine scientists and environmentalists have warned that renewed exports could lead to long-term ecological damage and harm to fishing communities.

Environmental groups have welcomed the Supreme Court’s ruling, adding the regulation should be scrapped entirely and replaced with policies focused on coastal restoration.

“This revocation serves as an important correction to the trend of commercializing marine resources [at the expense of] the precautionary principle and the principle of sustainability,” said Nimmi Zulbainarni, a fisheries expert at the Bogor Institute of Agriculture (IPB).

Government officials have argued that sea sand exports would only occur after domestic demand has been met, including for land reclamation, port construction, and the development of Indonesia’s new capital city, Nusantara. However, a fisheries ministry decree shows that domestic needs account for just 2.4% of the total permitted dredging volume, with the vast majority intended for export.

The ministry also claims that dredging is environmentally safe and can even be beneficial, saying licensed companies are limited to removing sediment buildup, including around coral reefs, to maintain ocean health.

But a report by the Center of Economic and Law Studies (CELIOS), a Jakarta-based think tank, estimates that while sea sand exports could generate $10.9 million in export revenue and $32.1 million in profits for dredging companies, fishing communities could suffer losses of up to $77.4 million.

Dredging could also jeopardize Indonesia’s vast marine carbon stores, according to CELIOS. The country’s marine ecosystems, such as mangroves and seagrass beds, store an estimated 3.4 billion metric tons of CO2 equivalent, about 17% of the world’s total blue carbon. This natural asset is expected to be a cornerstone of Indonesia’s carbon trading policy, but dredging activities may undermine that goal, CELIOS said.

Data from environmental NGO Auriga Nusantara show that the government has issued dredging permits to 118 companies across 141 concessions, covering a total of 131,157 hectares (324,096 acres) — an area about twice the size of Jakarta. Meanwhile, the Coalition for Fisheries Justice (KIARA) reports that Indonesia has 3.5 million hectares (8.6 million acres) of reclamation projects planned. A 2021 estimate from the fisheries ministry projected that these projects would require 1.87 million cubic meters (66 million cubic feet) of sand.

“Indonesia’s marine management should focus on restoration, not exploitation,” fisheries expert Nimmi said, “and place ecological balance at the center of national ocean policy.”

Basten Gokkon, senior staff writer for Indonesia at Mongabay, contributed to this reporting. Find him on 𝕏 @bgokkon.

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