Between Walls and Waves: Coastal Development Legal Gaps

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Abstract

This paper presents a comparative legal analysis of coastal reclamation projects in the Philippines and Indonesia, focusing on the Manila Bay reclamation and the sea wall construction in Tangerang. The study aims to assess the legal frameworks governing these cases, evaluate their environmental and social impacts, and examine the extent to which sustainability principles are implemented. A qualitative research method was applied, incorporating legal document analysis, case study review, and examination of environmental impact assessments and public responses. The findings reveal that both countries possess general legal provisions for coastal development, yet suffer from enforcement weaknesses and procedural gaps. While the Manila Bay project operates under a more detailed regulatory structure, it continues to face issues related to social equity, such as displacement of traditional fishing communities and ecological degradation. In contrast, the Tangerang sea wall project lacks a dedicated legal framework, resulting in legal uncertainty and potentially unregulated environmental risks. The study highlights that public participation and sustainability measures remain insufficiently integrated into project planning and execution in both countries. Strengthening legal mechanisms with enforceable sustainability standards, along with enhanced community engagement, is necessary to ensure environmental protection and social justice. This research contributes to the discourse on coastal governance in Southeast Asia and suggests that harmonized and context-sensitive policies are essential to balance economic development, ecological resilience, and human rights.

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