Juridical Analysis of The Formation of Government Regulation Number 26 of 2023 Concerning Management of Sedimentation Products in the Sea

Abstract

This research was motivated by the enactment of Government Regulation (PP) Number 26 of 2023 concerning Management of Marine Sedimentation Products where when the PP came into force, its implementation was considered fragile because it did not refer to higher statutory regulations such as Law Number 12 of 2011 concerning Formation of Legislative Regulations (UU No. 12/2011), where many coastal communities were not asked for consideration during the process of drafting the PP. This research aims to find out and analyze first, the formation of Government Regulation Number 26 of 2023 concerning Management of Sedimentation Products in the Sea according to Law No.12/2011. Second, Indonesia's maritime territorial boundaries need to be considered considering the results of sedimentation across national borders. This research uses normative legal research methods with a regulatory and contextual approach. The research results concluded that, first, based on Law no. 12/2011 only fulfills some of the principles of the formation of statutory regulations and does not fulfill meaningful community participation because affected communities were not involved at all in the formation of PP No. 26/2023. Second, Singapore cannot claim the area resulting from the reclamation that it has carried out because based on Article 60 paragraph (8) UNCLOS 1982, artificial islands, installations and buildings do not have island status, so they do not have their own sea area, and even their existence does not affect the boundaries, territorial sea, exclusive economic zone or continental shelf.