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REGULATION OF THE MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC OF

INDONESIA
NUMBER P.12/MENLHK/SETJEN/KUM.1/4/2018 OF 2018
ON
REQUIREMENTS AND PROCEDURES FOR OCEAN WASTE DUMPING

BY THE GRACE OF GOD ALMIGHTY

MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC OF INDONESIA

Considering:
that in order to implement the provisions in Article 18 paragraph (2) of Regulation of the Government Number
19 of 1999 on the Controls of the Pollution and/or Destruction of Sea and Article 182 of Regulation of the
Government Number 101 of 2014 on the Management of Hazardous and Toxic Wastes, it has been deemed
necessary to establish the Regulation of the Minister of Environment and Forestry on the Requirements and
Procedures for Ocean Waste Dumping.

Observing:
1. Law Number 32 of 2009 on the Protection and Management of Environment (State Gazette of the
Republic of Indonesia of 2009 Number 140, Supplement to the State Gazette of the Republic of
Indonesia Number 5059);
2. Regulation of the Government Number 19 of 1999 on the Controls of the Pollution and/or Destruction
of Sea (State Gazette of the Republic of Indonesia of 1999 Number 32, Supplement to the State
Gazette of the Republic of Indonesia Number 3816);
3. Regulation of the Government Number 101 of 2014 on the Management of Hazardous and Toxic
Material Wastes (State Gazette of the Republic of Indonesia of 2014 Number 333, Supplement to the
State Gazette of the Republic of Indonesia Number 5617);
4. Regulation of the President Number 16 of 2015 on the Ministry of Environment and Forestry (State
Gazette of the Republic of Indonesia of 2015 Number 17);
5. Decree of the Minister of Environment of the Republic of Indonesia Number 51 of 2004 on the Quality
Standard for Seawater;
6. Regulation of the Minister of Environment and Forestry Number P.18/Menlhk-II/2015 on the
Organization and Work Procedures of the Ministry of Environment and Forestry (State Gazette of the
Republic of Indonesia of 2015 Number 713).

HAS DECIDED:

To establish:
REGULATION OF THE MINISTER OF ENVIRONMENT AND FORESTRY ON THE REQUIREMENTS AND
PROCEDURES FOR OCEAN WASTE DUMPING.

Article 1
Under this Regulation of the Minister the following definitions are employed:

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1. Hazardous and Toxic Materials (Bahan Berbahaya dan Beracun), from this point onwards are referred
to as B3, are substances, energy, and/or other components that due to its nature, concentrations
and/or amount, either directly or indirectly, may pollute, destruct the environment, and/or endanger
environment, health, and life sustainability of humans as well as other living beings.
2. Wastes are the residue of business and/or activities.
3. Hazardous and Toxic Material (Bahan Berbahaya dan Beracun) Wastes, from this point onwards are
referred to as B3 Wastes are the residue of business and/or activities which contains B3.
4. Dumping of Wastes to the Sea is an activity of disposing, placing, and/or putting in wastes and/or
materials in certain amount, concentration, time, and location under certain requirements into the sea.
5. Tailings are fine-grained solid substances and/or liquid substances that are the resulted from the metal
mineral ore processing in mining industry.
6. Sea is the ocean territory that is a geographical which is integrated with all of its related elements in
which its borders and systems are determined from functional aspect.
7. Thermocline is an imaginary seawater level between the top layer and bottom layer in which the water
temperature tend to go down 0,1°C/m (zero point one degree Celsius per meter) with the increase of
the sea depth.
8. Permanent thermocline is the thermocline that does not change location along with the change of time
and season.
9. Drilling Mud is a fluid used for drilling which contains basis materials or additives, or the mixture of
basis materials and additives.
10. Basis Materials are the basis fluids in drilling mud in the form of water base, oil base, and synthetic
base.
11. Additives is the additional materials used to make the mud, may be in the form of solid materials or
liquids mixed into the basis materials with specific functions.
12. Drilling Powder is the discharged pieces from formation rocks and liquid waste as the result of drilling.
13. Lethal Concentration-50 Toxicology Test, from this point onwards is referred as LC50 Toxicology Test
is the testing of chemicals with certain concentration calculation that may result in the death of 50%
(fifty percent) of the animals that is the subject of the test.
14. Teratogenicity Test is a test to gain information on the existence of fetus abnormality as a result of
being given test dosage in the period of fetus organ formation (organogenesis period).
15. Up welling is the increase of seawater mass from the inner layer to the surface layer of seawater.
16. Each Person are individuals or enterprises, both the legal entities and the non-legal entities.
17. Minister is the minister that conducts government affairs in the protection and the management of
environment sector.

Article 2
(1) Each person who produce Wastes is prohibited from to perform Dumping of Wastes to the sea without
license.
(2) Dumping to the sea may be performed towards the following Wastes:
a. B3 Wastes; and
b. Non-B3 wastes.
(3) B3 Wastes as referred to in paragraph (2) letter a shall be originated from activities as follows:
a. mineral mining, in the form of tailing; and

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b. oil-and-gas explorations and/or exploitations in the sea, in the form of drilling powder from the
drilling that uses synthetic based mud;
(4) Non-B3 Wastes as referred to in paragraph (2) letter b shall be originated from oil-and-gas exploration
and/or exploitation activities in the sea, in form of:
a. drilling powder from drillings that use water based mud; and
b. drilling mud wastes from drillings that use water based mud.
(5) Synthetic based mud and water based mud as referred to in paragraph (3) and paragraph (4) shall
fulfill provisions as follows:
a. the total content of poly aromatic hydrocarbon shall be no more than 0,001% (zero point zero
zero one percent); and
b. In the case where barite is added into drilling mud, it shall fulfill the concentration provisions as
follows:
1. mercury (Hg) in the barite shall be less than 1 mg/kg (one milligram per kilogram) in dry
weight; and/or
2. cadmium (Cd) in the barite shall be less than 3 mg/kg (three milligram per kilogram) in dry
weight.

Article 3
Each person who does Dumping of Wastes to the sea as referred to in Article 2 shall fulfill the provisions as
follows:
a. Wastes requirements before the undertaking of Dumping of Wastes to the sea;
b. location requirements for Dumping of Wastes to the sea;
c. procedures of Dumping of Wastes to the sea; and
d. environment monitoring.

Article 4
(1) Prior to the Dumping to the sea as referred to in Article 3 letter a, the Wastes must go through
neutralization or toxicity reduction.
(2) Upon the Wastes that gone through neutralizations or toxicity reduction as referred to in paragraph (1)
the following test shall be undertaken:
a. the concentration total of polluting substances, LC50 toxicology, and teratogenicity for the B3
Wastes in the form of tailing; and
b. the concentration total of polluting substances, LC50 toxicology, and hydrocarbon content, for:
1. B3 Wastes in the form of drilling powder from drillings that use synthetic based mud; and
2. nonB3 Wastes in the form of drilling powder from drillings that use water based mud and
the waste of water based mud.
(3) Wastes test as referred to in paragraph (2) shall be performed in an accredited laboratories.
(4) In the case when accredited laboratories are not available yet, Wastes test as referred to in paragraph
(3) shall be performed by laboratories with procedures qualified by Indonesian National Standard
regarding the procedures for laboratories.

Article 5

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(1) LC50 test as referred to in Article 4 paragraph (2) letter a and letter b shall be performed under
provisions as follows:
a. is using shrimp (Panaeus sp) post larvae aged between 10-15 (ten to fifteen) days as animal
test subject; and
b. is tested for 96 (ninety six) hours.
(2) Teratogenicity Test as referred to in Article 4 paragraph (2) letter a shall be performed using Method
1005.0: Sheepshead Minnow, Cyprinodon variegatus, Embryo-Larval Survival and Teratogenicity Test;
Chronic Toxicity (EPA-821-R-02-014, October 2002), United States – Environmental Protection
Agency (US-EPA).

Article 6
(1) Wastes test as referred to in Article 4 paragraph (2) shall be performed under provisions as follows:
a. minimum 1 (one) time during the Dumping of Wastes to the sea, for the test of total
concentration of polluting substances, Toxicology LC50, and Teratogenicity; and
b. minimum 1 (one) time for each stage of drilling, for hydrocarbon content test.
(2) In the case when there are changes in technology and location of mineral mining, the test as referred
to in paragraph (1) must be redone.

Article 7
(1) Wastes as referred to in Article 4 is allowed for Dumping of Waste to the sea if fulfills the test
requirements as follows:
a. the concentration total of polluting substances corresponds to the total quality standard of
polluting substances concentration listed under Appendix I which remains an integral part of this
Regulation of the Minister;
b. LC50 Toxicology more than 30.000 ppm spp (thirty thousand part per million solid particulate
phase);
c. Teratogenicity does not show the teratogenic properties for B3 Wastes in the form of tailing; and
d. Total Petroleum Hydrocarbon (TPH) content or oil on cutting, for Wastes in the form of drilling
powder and drilling mud wastes shall fulfill the provisions as follows:
1. no more than 5% (five percent) in 2017; and
2. 0% (zero percent) in 2025.
(2) Total concentration of polluting substances and LC50 test result for Wastes in the form of drilling
powder is obtained under provisions as follows:
a. for drilling powder produced by exploration activities, is obtained from the result of the test upon
drilling powder produced by drilling activities in the nearest location; and
b. for drilling powder produced by exploitation activities, is obtained from the result of the test upon
drilling powder produced by drilling activities in the same working area.
(3) The test result of the total concentration of polluting substances and LC50 for Wastes in the form of
drilling mud obtained based on the result of the test upon drilling mud Wastes that contain the same
constituents.
(4) In the case where drilling mud Wastes that contain the same constituents as referred to in paragraph
(3) are not available, the test result obtained from the test upon the drilling mud being used.

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Article 8
(1) The location for Dumping of Wastes to the sea as referred to in Article 3 letter b must fulfill
requirements as follows:
a. located in the sea floor of the sea with permanent thermocline layer;
b. not located in certain sensitive locations or areas; and
c. the initial hue of the seawater must meet the seawater quality standard complying to the
provisions in the laws and regulations.
(2) In the case where there are no sea with permanent thermocline layer as referred to in paragraph (1)
letter a, the location of Wastes in the form of tailing Dumping must fulfill the requirements as follows:
a. located in the sea floor of a sea with depth of ≥ 100 m (more than or equal to one hundred
meters);
b. topographically and bathymetrically shows the existence of a canyon and/or sea floor channels
that leads to tailing to the depth of ≥ 200 m (more than or equal to two hundred meters);
c. no mixing process in the up-welling area; and
d. has no impact to the sensitive areas based on the impact spreading modelling study.
(3) In the case where there are no sea with permanent thermocline layer as referred to in paragraph (1)
letter a, the location for the Waste in the form of drilling powder and drilling mud Dumping must fulfill
the requirements as follows: :
a. located in the sea floor of a sea with depth of ≥ 50 m (more than or equal to fifty meters);
b. the impact will be within the radius of ≤ 500 m (more than or equal to five hundred meters) from
the location of Dumping of Wastes based on the impact spreading modelling study;
c. no mixing process in the up-welling area; and
d. has no impact to the sensitive areas based on the impact spreading modelling study.
(4) Sensitive areas as referred to in paragraph (1) letter b shall include as follows:
a. ocean conservation areas;
b. recreation or marine tourism area;
c. mangroves/mangrove forest areas;
d. seagrass and coral reef ecosystems;
e. national parks;
f. marine nature tourism park;
g. cultural and science heritage areas;
h. areas prone to natural disasters;
i. fish spawning and grow-out as well as aquaculture areas;
j. migration flow of protected ocean biota;
k. fisheries management areas;
l. the cruises line; and
m. military restricted areas.
(5) In the case when the initial hue of the seawater as referred in paragraph (1) letter c does not meet the
seawater quality standard, must confirms that there are no addition in concentration on the parameter
that exceed seawater quality standard.

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Article 9
(1) The Dumping of Wastes to the sea must take the following matters into consideration:
a. reduction of toxicity;
b. Wastes types;
c. Wastes amount;
d. distances of Wastes Dumping to sensitive areas;
e. time of Wastes Dumping;
f. debit of Wastes Dumping;
g. way of Wastes Dumping; and
h. process and mining activity types, for Wastes originated from mineral mining in the form of
tailing.
(2) The reduction of toxicity as referred to in paragraph (1) letter a shall be performed along with the
separation of drilling powder and drilling mud, for Wastes originated from exploration activities drilling
process and/or oil-and-gas exploitation in the sea.
(3) The reduction of toxicity from drilling process as referred to in paragraph (2) may be excluded under
the provisions of:
a. the drilling process do not use conductor pipe (riserles); and
b. drilling mud used is in the form of seawater.
(4) the amount of Wastes, distance, time, debit, and the way of Dumping of Wastes as referred to in
paragraph (1) letter c, letter d, letter e, letter f, and letter g shall be determined based on the:
a. result of impact spreading modelling study; and
b. consideration to the ocean phenomenon that will happen.
(5) Ocean phenomenon that will happen as referred to in paragraph (4) letter b are as follows:
a. mixing process in up-welling areas;
b. tidal; and
c. waves as the result of seasons.

Article 10
(1) The procedures of the Dumping of Wastes to the sea as referred to in Article 3 letter c shall be
determined based on the types of Wastes.
(2) For Wastes in the form of tailing, the Dumping to the sea shall uses Wastes disposal equipment.
(3) The Dumping of Wastes in the form of drilling powder and drilling mud wastes shall be undertaken in:
a. the same location as the drilling location (In situ); or
b. different location as the drilling location (Ex situ).
(4) If the Dumping of Wastes is undertaken in the same location as the drilling location (In situ) as referred
to in paragraph (3) letter a, it shall be done in the way as follows:
a. uses the disposal equipment that are channeled into the sea up until the depth of at least 8 m
(eight meters) under the average water surface; and/or
b. without the use of disposal equipment in the sea for the drilling activities that do not use
conductor pipe (riserles).

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(5) If the Dumping of Wastes is undertaken in the different location as the drilling location (Ex situ) as
referred to in paragraph (3) letter b, shall be done with the use of disposal equipment that are
channeled into the sea up until the depth of at least 8 m (eight meters) under the average water
surface.

Article 11
(1) Each person that conduct Dumping of Wastes to the sea must perform environment monitoring as
referred to in Article 3 letter d.
(2) Environment monitoring as referred to in paragraph (1) shall be performed at least upon:
a. water columns;
b. marine sediments; and
c. marine ecosystems.

Article 12
(1) Environment monitoring upon water columns as referred to in Article 11 paragraph (2) letter a for
Dumping of Wastes originated from mineral mining businesses and/or activities shall be done in the
determined point with regards to:
a. wastes and seawater mixing zone;
b. depth of the sea;
c. sensitive areas; and
d. impact spreading modelling result.
(2) Environment monitoring upon water columns as referred to in paragraph (1) shall be performed at
least 1 (one) time every 3 (three) months.
(3) The result of environment monitoring upon seawater as referred to in paragraph (2) shall meet the
seawater quality standard in accordance with the laws and regulations.

Article 13
(1) Environment monitoring upon water columns as referred to in Article 11 paragraph (2) letter a for the
Dumping of Wastes originated from exploration and/or exploitation activities in the sea shall be
implemented with provisions as follows:
a. shall be performed at least in 2 (two) points located within the radius of 500 m (five hundred
meters) from the location of Dumping;
b. the points as referred to in letter a shall be determined with regards to:
1. the season at the time of Dumping;
2. tidal;
3. dominant wave direction; and
4. sensitive areas;
c. in the case when the wave direction as referred to in letter b number 3 has changed from the
initial plan, it is a must to do an addition of point within the distance of 500 m (five hundred
meters) along the direction of the dominant wave from the location of the Dumping of Wastes in
accordance with the result of impact spreading modelling study;
d. sample collection shall be done in:

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1. the depth of at least 20 m (twenty meters) from the water surface average determined
based on the furthest spreading or the highest concentration of Total Suspended Solid
(TSS) according to the result of impact spreading modelling study;
2. the time that has been determined based on the furthest spreading or the highest
concentration of Total Suspended Solid (TSS) according to the result of impact spreading
modelling study; and
3. at the time of tidal and receding current.
(2) The result of water column monitoring for Wastes originated from exploration and/or exploitation
activities in the sea as referred to in paragraph (1) shall meet the seawater quality standard based on
the laws and regulations.
(3) In the case where the initial hue of the seawater shows the existence of a parameter in which the
concentration value exceed the seawater quality standard, the relevant parameter of concentration
value shall not increase.

Article 14
(1) Environment monitoring upon marine sediments as referred to in Article 11 paragraph (2) letter b for
Dumping of Wastes originated from mineral mining businesses and/or activities shall be implemented
under the provisions as follows:
a. Is performed in the point in accordance with the provision as referred to in Article 12 paragraph
(1); and
b. Is using the parameter of sediments monitoring as listed under Appendix II which remains an
integral part of this Regulation of the Minister.
(2) Environment monitoring upon marine sediments a referred to in paragraph (1) shall be performed at
least 1 (one) time within 5 (five) years.

Article 15
(1) Environment monitoring upon marine ecosystems as referred to in Article 11 paragraph (2) letter c for
Dumping of Wastes originated from mineral mining businesses and/or activities shall be performed in
the nearest location from the location of Dumping and performed upon:
a. plankton and benthos;
b. abundance of fish;
c. coral reef ecosystems;
d. mangrove ecosystems; and
e. seagrass beds ecosystems.
(2) Environment monitoring upon marine ecosystems as referred to in paragraph (1) shall be performed at
least 1 (one) time within 1 (one) year.

Article 16
(1) Environment monitoring upon marine sediments as referred to in Article 11 paragraph (2) letter b for
Dumping of Wastes originated from explorations and/or exploitations businesses and/or activities in
the sea as referred to in Article 2 paragraph (3) letter b and paragraph (4) shall be performed under
provisions as follows:
a. is performed in the point in accordance with the provision as referred to in Article 12 paragraph
(1);

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b. is performed for no more than 7 (seven) days after the entirety of Dumping activities are
finished;
c. is utilized the parameter of sediments monitoring as listed under Appendix II which remains an
integral part of this Regulation of the Minister.
(2) Environment monitoring upon marine ecosystems for Dumping of Wastes which is originated from
explorations and/or exploitations businesses and/or activities in the sea as referred to in paragraph (1)
shall be performed by:
a. the monitoring of plankton and benthos; and
b. the abundance of fish study within the area of Wastes Dumping location.
(3) Environment monitoring upon marine ecosystems as referred to in paragraph (2) shall be performed 1
(one) time within 1 (one) year.

Article 17
Environment monitoring upon marine sediments as referred to in Article 16 shall not include the activities of
Wastes Dumping done in the same location as the location of drilling (In situ).

Article 18
(1) Impact spreading modelling study as referred to in Article 8 paragraph (3) letter b and letter d, Article 9
paragraph (4) letter a, Article 12 paragraph (1) letter d, Article 13 paragraph (1) letter c and letter d is
made to estimate the extent of the impact area.
(2) Impact spreading modelling study as referred to in paragraph (1) shall be done with provisions as
follows:
a. 3 (three) dimension modelling to examine the movement of waste both vertically or horizontally
as well as the extent of the spreading in water columns and bottom waters;
b. is using the key parameter as the base of determining the spreading of impact;
c. has been validated by using waves or tidal; and
d. data for the model shall be based on the provisions as referred to in Article 9 paragraph (1).
(3) The key parameter as referred to in paragraph (2) letter b includes:
a. Total Suspended Solid (TSS) for Dumping activities of Wastes in the form of drilling powder from
drillings that use water based mud and drilling mud wastes from drillings that use synthetic
based mud;
b. Total Suspended Solid (TSS) and oil for Dumping activities of Wastes in the form of drilling
powder from drillings that use synthetic based mud;
c. Total Suspended Solid (TSS) and parameters of heavy metals for Dumping of Wastes in the
form of tailing; and
d. Parameter of heavy metals as referred to in letter c shall be determined based on the process
and types of mining activities.
(4) The result of impact spreading modelling study shall at least include:
a. parameter of model input;
b. model validation with credibility level at least 80% (eighty percent);
c. conclusion on the extent of impact spreading and key parameter concentration based on model
simulation; and
d. time at the time with the highest impact spreading result.

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(5) The result of impact spreading modelling shall be verified when the Dumping of Wastes are completed
by observing the grain size, ocean waves, and seawater quality monitoring result.

Article 19
(1) Each person that perform Dumping must secure a license from the Minister.
(2) Wastes Dumping license as referred to in paragraph (1) shall contain at least the:
a. identification of the license holder;
b. date of issuance of the license;
c. validity period of the license;
d. environment requirements; and
e. obligation of Dumping of Wastes to the sea license holder.
(3) Environment requirements as referred to in paragraph (2) letter d shall be at least comprise of:
a. Perform neutralization or toxicity reduction upon Wastes for the Dumping of Wastes to the sea;
and
b. Dumping of Wastes to the sea.
(4) The obligation of the Dumping of Wastes to the sea license holder as referred to in paragraph (2)
letter e shall be at least:
a. conducts identification upon Wastes that are up for Dumping;
b. conducts the listing of name and amount of the Wastes that are up for the Dumping of Wastes
to the sea;
c. conducts quality control upon the water quality in the point;
d. have Emergency Response System; and
e. compiles and submits the report of the Dumping of Wastes to the sea.

Article 20
(1) Each Person that have secured a license for the Dumping of Wastes to the sea as referred to in Article
18 must have activities suspension order by the Minister if they intend to:
a. suspend the business and/or activities; and/or
b. change the utilization and/or relocate the location of the Dumping of Wastes.
(2) Activities suspension order upon the suspension of business and/or activities as referred to in
paragraph (1) letter a shall be done when the Dumping of Wastes is still ongoing.

Article 21
The procedures for license submission and issuance, as well as the Dumping of Wastes to the sea activities
suspension order submission and issuance as referred to in Article 19 and Article 20 shall be undertaken in
accordance with the provisions of laws and regulations.

Article 22
This Regulation of the Minister comes into force from the date of its promulgation.
For public cognizance, it is hereby ordered that this Regulation of the Minister be promulgated in the Official

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Gazette of the Republic of Indonesia.

Established in Jakarta,
On 26 April 2018
MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC OF INDONESIA
Signed.
SITI NURBAYA

Promulgated in Jakarta,
On 9 May 2018
DIRECTOR GENERAL OF LAWS AND REGULATIONS MINISTRY OF LAW AND HUMAN RIGHTS OF THE
REPUBLIC OF INDONESIA
Signed.
WIDODO EKATJAHJANA

OFFICIAL GAZETTE OF THE REPUBLIC OF INDONESIA OF 2018 NUMBER 623

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APPENDIX I
REGULATION OF THE MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC OF
INDONESIA
NUMBER P.12/MENLHK/SETJEN/KUM.1/4/2018 OF 2018
ON
REQUIREMENTS AND PROCEDURES FOR OCEAN WASTE DUMPING

QUALITY STANDARD OF THE TOTAL OF POLLUTING SUBSTANCES CONCENTRATION

Maximum
No. Parameters
(mg/Kg of dry weight)

1 Arsenic (As) 500

2 Cadmium (Cd) 100

3 Chromium (Cr) 500

4 Cooper (Cu) 750

5 Lead (Pb) 1500

6 Mercury (Hg) 75

7 Molybdenum (Mo) 1000

8 Nickel (Ni) 3000

9 Selenium (Se) 50

10 Zinc (Zn) 3750

MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC OF INDONESIA,

Signed.
SITI NURBAYA

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APPENDIX II
TO THE REGULATION OF THE MINISTER OF ENVIRONMENT AND FORESTRY OF THE
REPUBLIC OF INDONESIA
NUMBER P.12/MENLHK/SETJEN/KUM.1/4/2018
ON
REQUIREMENTS AND PROCEDURES FOR OCEAN WASTE DUMPING

SEDIMENTS MONITORING PARAMETERS

No. Parameters Unit (mg/kg)

1 Arsenic (As) *

2 Cadmium (Cd) *

3 Chromium (Cr) *

4 Cooper (Cu) *

5 Lead (Pb) *

6 Mercury (Hg) *

7 Molybdenum (Mo) *

8 Nickel (Ni) *

9 Selenium (Se) *

10 Zinc (Zn) *

Notes:
* = determined based on the result sediments quality tests prior to the execution of Dumping of Wastes.

MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC OF INDONESIA,

Signed.
SITI NURBAYA

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