Indonesia Expands Planned Locations for Marine Sedimentation Management

The Ministry of Marine Affairs and Fisheries has expanded the planned locations for the management and removal of marine sedimentation through Minister of Marine Affairs and Fisheries Decree No. 65 of 2026 (“Decree 65/2026”).

Decree 65/2026 amends the Planning Document for the Management of Marine Sedimentation Products previously established under Minister of Marine Affairs and Fisheries Decree No. 13 of 2026 (“Decree 13/2026”). The amendment primarily concerns the indication of locations for marine sedimentation removal, including the addition of waters in South Sulawesi and Aceh.

The amendment should be read together with the broader regulatory framework governing marine sedimentation management, including Government Regulation No. 26 of 2023 and Minister of Marine Affairs and Fisheries Regulation No. 33 of 2023, as subsequently amended.

1. Position of Decree 65/2026

Decree 65/2026 is an administrative ministerial decree that amends the Planning Document established under Decree 13/2026. The Planning Document forms part of the regulatory framework for the management of marine sedimentation products and provides the basis for identifying areas in which sedimentation removal may be undertaken.

Under the applicable ministerial regulations, the Planning Document is established by ministerial decree and may be amended where there are relevant changes in national policy, environmental conditions, force majeure circumstances, navigation access, or other circumstances affecting the suitability of locations identified in the document.

Decree 65/2026 therefore operates as an amendment to the existing Planning Document rather than as a separate regulatory regime for marine sedimentation management.

Decree 13/2026 remains relevant to the extent that it is not amended by Decree 65/2026. Accordingly, the Planning Document should be read as the document established under Decree 13/2026 as subsequently amended by Decree 65/2026.

2. Expansion of Indicated Sedimentation Removal Locations

The principal substantive change introduced by Decree 65/2026 is the expansion and restructuring of the locations identified for marine sedimentation removal.

Decree 13/2026 previously identified several areas, including waters in the Natuna–North Natuna area, the Sunda Strait, the Karimata Strait, the Malacca Strait and western Sumatra, as well as waters surrounding fishing ports.

Decree 65/2026 reorganizes these locations and expressly adds two areas that were not previously included in the Planning Document: South Sulawesi and Aceh.

South Sulawesi

The amended Planning Document identifies waters surrounding a number of regencies and municipalities in South Sulawesi, including Takalar, Pinrang, Pangkajene and Islands, Barru, Jeneponto, Bantaeng, Bulukumba, Sinjai, Bone, Wajo, Palopo, Luwu, North Luwu and East Luwu.

The inclusion of these areas means that waters within the identified South Sulawesi locations are now expressly included among the indicative areas for marine sedimentation removal under the amended Planning Document.

Aceh

Decree 65/2026 also adds waters in Aceh, covering areas surrounding Aceh Singkil, North Aceh, Pidie, Aceh Besar, Pidie Jaya, Lhokseumawe, West Aceh, Nagan Raya, Southwest Aceh, East Aceh, Banda Aceh, Aceh Tamiang and Bireuen.

This represents the addition of Aceh as another expressly identified area under the Planning Document.

Existing Locations

The amended document also consolidates the locations previously identified under Decree 13/2026, including the Natuna–North Natuna waters, Sunda Strait, Karimata Strait, Malacca Strait and western Sumatra, and waters surrounding fishing ports.

The practical effect is that the location list under Decree 13/2026 should now be read together with, and as amended by, the location list contained in Decree 65/2026.

3. The Planning Document as a Reference for Marine Sedimentation Management

The Planning Document serves as a reference for the management of marine sedimentation products. Because Decree 65/2026 amends that document, activities carried out under the marine sedimentation management framework must take the amended locations into account.

The inclusion of South Sulawesi and Aceh does not, however, mean that an activity may proceed solely on the basis that its location appears in the Planning Document. The Planning Document provides the planning basis for subsequent management and licensing requirements.

This distinction is particularly relevant because the applicable regulatory framework links the Planning Document with the consideration of Marine Spatial Utilization Conformity Approval (KKPRL), environmental approval and other required permits.

Accordingly, the addition of a location to the Planning Document should be understood as establishing its eligibility within the planning framework, rather than as replacing the separate approvals required for a specific activity.

4. Implications for Marine Sand Utilization

The amendment is also relevant to the utilization of marine sedimentation products, including marine sand.

Under the applicable framework, utilization activities remain subject to the required permits and other regulatory requirements. The Planning Document provides the basis for identifying locations and considering the availability of sedimentation products for permitted utilization.

For domestic requirements such as reclamation, government infrastructure and infrastructure supporting business activities, the required volume of marine sand is determined through the applicable planning and ministerial mechanisms.

The expansion of the identified locations may therefore broaden the geographical basis from which potential volumes can be considered. It does not, by itself, constitute an authorization to extract or utilize marine sand at those locations.

For businesses considering marine sand utilization in South Sulawesi or Aceh, the relevant location must therefore be assessed against the amended Planning Document together with the applicable spatial, environmental and business licensing requirements.

5. Implications for Regional Governments

The inclusion of South Sulawesi and Aceh also provides a formal planning reference for regional governments considering activities relating to marine sedimentation removal and utilization.

Regional governments may still need to comply with the applicable procedures when proposing or undertaking sedimentation removal, particularly where the activity concerns navigation access, public infrastructure or utilization of sedimentation products.

The expanded Planning Document may nevertheless provide a clearer planning basis for proposals originating from the newly identified areas, particularly where the proposed activity is consistent with the locations and conditions contemplated by the document.

6. Relationship with Removal Activities Outside the Planning Document

The existing regulatory framework also recognizes circumstances in which regional governments may undertake sedimentation removal at locations that are not included in the Planning Document, particularly where sedimentation interferes with fishermen’s access for vessels or boats.

In such circumstances, the relevant regional government is required to submit a proposal to the Minister for consideration.

The expansion of the Planning Document through Decree 65/2026 may reduce the number of situations in which this mechanism needs to be relied upon because more locations are now expressly identified in the Planning Document.

Where a location in South Sulawesi or Aceh falls within the areas identified by Decree 65/2026, the activity should generally be assessed within the framework of the Planning Document rather than treated solely as an activity taking place outside the document.

7. Technical Requirements Remain Applicable

The inclusion of additional locations does not remove the technical requirements applicable to sedimentation removal.

Marine sedimentation removal remains subject to the applicable environmental and technical controls, including requirements concerning the means used for removal and the protection of marine ecosystems, navigation and the designated function of marine space.

Accordingly, the addition of South Sulawesi and Aceh should not be viewed as a relaxation of the technical requirements governing sedimentation removal. The newly identified locations remain subject to the same broader regulatory framework applicable to other areas covered by the Planning Document.

8. Key Considerations for Businesses

For businesses involved in the utilization of marine sedimentation products, Decree 65/2026 is particularly relevant when assessing the availability of potential locations for future activities.

Businesses should first confirm whether the proposed location falls within the amended Planning Document. They should then assess the applicable spatial, environmental and business licensing requirements, including requirements relating to the utilization of marine sand where relevant.

The inclusion of a location in the Planning Document should therefore be treated as a planning prerequisite rather than a standalone operating authorization.

This distinction is important for businesses evaluating projects in South Sulawesi and Aceh, where the relevant waters are now expressly included in the amended Planning Document for the first time.

Conclusion

Decree 65/2026 primarily functions as an amendment to the existing Planning Document for the Management of Marine Sedimentation Products established under Decree 13/2026.

Its principal change is the expansion and restructuring of the indicative locations for marine sedimentation removal, including the addition of South Sulawesi and Aceh. The amendment provides a broader geographical planning basis for sedimentation removal and the potential utilization of marine sedimentation products.

At the same time, inclusion in the Planning Document does not replace the separate spatial, environmental and business licensing requirements applicable to a specific activity. Businesses and regional governments considering activities in the newly identified areas should therefore assess the amended Planning Document together with the requirements applicable to their proposed activities.

This alert is part of a series examining recent developments in Indonesia’s marine, natural resources and regulatory framework. Please feel free to contact us should you wish to discuss these developments further.

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