Nusantara: Journal Law and Islamic Law
Vol. 1 No. 2 (2026): Nusantara: Journal of Law and Islamic Law

Compatibility of Constitutional and Supreme Court Decisionson Small Island Protection

Gustiyanti Tangahu (Universitas Negeri Gorontalo)
Fence M. Wantu (Universitas Negeri Gorontalo)
Supriyadi A. Arief (Universitas Negeri Gorontalo)



Article Info

Publish Date
08 Jan 2026

Abstract

This study examines the legal consistency between Constitutional Court Decision No. 35/PUU-XXI/2023 and Supreme Court Decision No. 57P/HUM2022 regarding small island protection in Indonesia. It focuses on the judicial review of the Coastal Area and Small Islands Management Law following a mining dispute on Wawonii Island. The research employs a normative legal method with statutory and casebased approaches. Findings indicate that the Constitutional Court affirms the prohibition of mining on small islands as conditional, rather than absolute, contingent upon technical, ecological, and socio-cultural impacts. Simultaneously, the Supreme Court categorizes such activities as abnormally dangerous, reinforcing environmental safeguards. This judicial synchronization establishes a robust regulatory framework that prioritizes sustainability, tightens environmental permitting instruments, and ensures legal certainty for stakeholders. These rulings strengthen the constitutional rights of coastal communities against exploitative activities, mandating that natural resource utilization must strictly adhere to rigorous ecological standards to prevent irreversible damage to vulnerable island ecosystems.

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Journal Info

Abbrev

nusantara

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Nusantara: Journal of Law and Islamic Law is a peer-reviewed, open-access scholarly journal dedicated to the advancement of legal scholarship at the intersection of general law and Islamic jurisprudence. The journal aims to foster a rigorous intellectual dialogue between the unique legal traditions ...