Pub Date : 2020-12-07DOI: 10.20956/halrev.v6i3.2600
Runggu Prilia Ardes, Ridha Aditya Nugraha
DOI: 10.20956/halrev.v6i3.2600 As the orbit in outer space becomes denser, the drive to actively preserve the outer space increases. Active debris removal is the answer to this issue. It serves solemn purposes to maintain the space environment and prevent collision between space objects. This action requires high-level technology and techniques which make it prone to accidents. This article examines the applicability of Liability Convention of 1972 and Indonesian Space Act of 2013 for active debris removal and whether its provisions are sufficient for any future legal issues on this matter. A normative juridical method is used for the analysis. The Space Act from other States like France and Austria will also be briefly mentioned and compared to. At the end, it is concluded that although both of the legal instruments are suitable and applicable for active debris removal, there are still some essential aspects that need to be defined namely property and proof of fault. The paper suggests that it should be emphasized that only catalogued debris can be regarded as property, and that the term “fault” at the minimum should have a modest definition that captures the “deviation from the normal operation”.
{"title":"Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal","authors":"Runggu Prilia Ardes, Ridha Aditya Nugraha","doi":"10.20956/halrev.v6i3.2600","DOIUrl":"https://doi.org/10.20956/halrev.v6i3.2600","url":null,"abstract":"DOI: 10.20956/halrev.v6i3.2600 As the orbit in outer space becomes denser, the drive to actively preserve the outer space increases. Active debris removal is the answer to this issue. It serves solemn purposes to maintain the space environment and prevent collision between space objects. This action requires high-level technology and techniques which make it prone to accidents. This article examines the applicability of Liability Convention of 1972 and Indonesian Space Act of 2013 for active debris removal and whether its provisions are sufficient for any future legal issues on this matter. A normative juridical method is used for the analysis. The Space Act from other States like France and Austria will also be briefly mentioned and compared to. At the end, it is concluded that although both of the legal instruments are suitable and applicable for active debris removal, there are still some essential aspects that need to be defined namely property and proof of fault. The paper suggests that it should be emphasized that only catalogued debris can be regarded as property, and that the term “fault” at the minimum should have a modest definition that captures the “deviation from the normal operation”.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44986747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-07DOI: 10.20956/halrev.v6i3.2410
Diriba Tulu
DOI: 10.20956/halrev.v6i3.2410 The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption, both international and regional anti-corruption instruments. This article's main objective is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in the Ethiopian Corruption Crimes Proclamation compared with Hong Kong and Rwanda's legal regimes to draw some best lessons and way forwards for the identified problems. The article found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum penalty limit and entails severe punishment in terms of imprisonment and fine that can convey a meaningful message to potential offenders. Thus, the penalty provided for the crime of illicit enrichment is designed in a manner in which the person who commits such crime has the chance to be less punished. In effect, this provision is inconsistent with the purpose of criminal law and major sentencing principles, but it also degenerates public confidence in the justice system. Therefore, Ethiopia needs to take a lesson from Hong Kong and Rwanda's experiences in incorporating severe and setting minimum limit of penalty for the crime of illicit enrichment that can convey a meaningful message to potential offenders.
{"title":"Rethinking the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Comparative Analysis","authors":"Diriba Tulu","doi":"10.20956/halrev.v6i3.2410","DOIUrl":"https://doi.org/10.20956/halrev.v6i3.2410","url":null,"abstract":"DOI: 10.20956/halrev.v6i3.2410 The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption, both international and regional anti-corruption instruments. This article's main objective is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in the Ethiopian Corruption Crimes Proclamation compared with Hong Kong and Rwanda's legal regimes to draw some best lessons and way forwards for the identified problems. The article found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum penalty limit and entails severe punishment in terms of imprisonment and fine that can convey a meaningful message to potential offenders. Thus, the penalty provided for the crime of illicit enrichment is designed in a manner in which the person who commits such crime has the chance to be less punished. In effect, this provision is inconsistent with the purpose of criminal law and major sentencing principles, but it also degenerates public confidence in the justice system. Therefore, Ethiopia needs to take a lesson from Hong Kong and Rwanda's experiences in incorporating severe and setting minimum limit of penalty for the crime of illicit enrichment that can convey a meaningful message to potential offenders.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45296447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-03DOI: 10.20956/halrev.v6i3.2425
N. Nikhilesh
This article studying the issue of sovereign immunity of ships and vessel protection detachments from criminal jurisdiction of foreign courts. The issue immunity of ships from foreign criminal jurisdiction can be understand from Schooner Exchange case onwards. In the initial stages the courts were given absolute immunity of the government ships in the foreign jurisdiction. Later on the courts, jurists and states classified the immunity in two heads such as personal immunity and functional immunity. Immunity not only given to the troika but also to the other officials engaged in the sovereign functions for their respective states with the exception of universal crimes. The status of the warships, government non commercial ships under the law of the sea convention is analysing. At the end the Article considering whether functional immunity applicable to the vessel protection detachments appointed by the states to protect their ship from piracy in accordance with the IMO guidelines.
{"title":"Immunity of State Owned Non-Commercial Ships and Vessel Protection Detachments in the Foreign Criminal Jurisdiction","authors":"N. Nikhilesh","doi":"10.20956/halrev.v6i3.2425","DOIUrl":"https://doi.org/10.20956/halrev.v6i3.2425","url":null,"abstract":"This article studying the issue of sovereign immunity of ships and vessel protection detachments from criminal jurisdiction of foreign courts. The issue immunity of ships from foreign criminal jurisdiction can be understand from Schooner Exchange case onwards. In the initial stages the courts were given absolute immunity of the government ships in the foreign jurisdiction. Later on the courts, jurists and states classified the immunity in two heads such as personal immunity and functional immunity. Immunity not only given to the troika but also to the other officials engaged in the sovereign functions for their respective states with the exception of universal crimes. The status of the warships, government non commercial ships under the law of the sea convention is analysing. At the end the Article considering whether functional immunity applicable to the vessel protection detachments appointed by the states to protect their ship from piracy in accordance with the IMO guidelines.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46561098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-02DOI: 10.20956/halrev.v6i3.2484
A. Nugraha
DOI: 10.20956/halrev.v6i3.2484 As an 'Ocean Nation,' it is essential for Taiwan to make efforts to conserve its aquatic zones through marine protected areas (MPAs). Marine protected areas have considered one of the most precise methods of maintaining sustainable ecosystems and restoring fish stocks. This article discusses the legal regime for marine protected areas currently applied and its institutional arrangements in Taiwan. This study emphasizes legal issues in Taiwan's marine conservation efforts. This paper analyzes eight primary legislation relating to marine protected areas in Taiwan. Furthermore, to acquire actual field data, this study conducted interviews with a semi-structured questionnaire in three prominent Taiwan institutions related to their marine conservation task. All data obtained were analyzed and presented qualitatively. The issues of Taiwan's marine protected area legal regime have been identified. First, the main issue in Taiwan is that the legal basis for marine conservation is the legislation applied to land. Second, the existing maritime law regime in Taiwan does not emphasize marine conservation efforts. Subsequently, this article also discusses institutional arrangements related to Taiwan's marine protected areas. This paper also offers possible solutions. Enforcing five key Acts related to marine conservation, particularly the 2015 Act of Coastal Zone Management and strengthening institutional Taiwan's Ocean Affairs Council, are the solutions offered in this study.
{"title":"Current Issues of Taiwan's Marine Protected Areas Legal Regime","authors":"A. Nugraha","doi":"10.20956/halrev.v6i3.2484","DOIUrl":"https://doi.org/10.20956/halrev.v6i3.2484","url":null,"abstract":"DOI: 10.20956/halrev.v6i3.2484 As an 'Ocean Nation,' it is essential for Taiwan to make efforts to conserve its aquatic zones through marine protected areas (MPAs). Marine protected areas have considered one of the most precise methods of maintaining sustainable ecosystems and restoring fish stocks. This article discusses the legal regime for marine protected areas currently applied and its institutional arrangements in Taiwan. This study emphasizes legal issues in Taiwan's marine conservation efforts. This paper analyzes eight primary legislation relating to marine protected areas in Taiwan. Furthermore, to acquire actual field data, this study conducted interviews with a semi-structured questionnaire in three prominent Taiwan institutions related to their marine conservation task. All data obtained were analyzed and presented qualitatively. The issues of Taiwan's marine protected area legal regime have been identified. First, the main issue in Taiwan is that the legal basis for marine conservation is the legislation applied to land. Second, the existing maritime law regime in Taiwan does not emphasize marine conservation efforts. Subsequently, this article also discusses institutional arrangements related to Taiwan's marine protected areas. This paper also offers possible solutions. Enforcing five key Acts related to marine conservation, particularly the 2015 Act of Coastal Zone Management and strengthening institutional Taiwan's Ocean Affairs Council, are the solutions offered in this study.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42594340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-02DOI: 10.20956/HALREV.V6I3.2892
A. Yunus
DOI: 10.20956/halrev.v6i3.2892 The elucidation of understanding popular sovereignty through the implementation of democratic principles when applied to a pluralistic Indonesian society requires a comprehensive study. This study is a normative-legal research by using statute, case, and conceptual approaches. This paper provides information on the latest trend in research. The results show that the characteristics of the general election by Noken system are in line with the Electoral College system to presidential elections in the United States, especially in the Noken system as represented by the chieftain (election by the big man). The Noken system is the result of the relations of political culture and the strengthening of local democracy. Hence, the constitutionality of Noken system is a translation of the constitution that pays attention to the social diversity that lives in society. Not only in the context of general elections, but in every aspect of national and State life, as more attention is given to the constitution of social diversity in society (constitutional pluralism).
{"title":"Multilayered Democracy in Papua: A Comparison of “Noken” System and Electoral College System in the United States","authors":"A. Yunus","doi":"10.20956/HALREV.V6I3.2892","DOIUrl":"https://doi.org/10.20956/HALREV.V6I3.2892","url":null,"abstract":"DOI: 10.20956/halrev.v6i3.2892 The elucidation of understanding popular sovereignty through the implementation of democratic principles when applied to a pluralistic Indonesian society requires a comprehensive study. This study is a normative-legal research by using statute, case, and conceptual approaches. This paper provides information on the latest trend in research. The results show that the characteristics of the general election by Noken system are in line with the Electoral College system to presidential elections in the United States, especially in the Noken system as represented by the chieftain (election by the big man). The Noken system is the result of the relations of political culture and the strengthening of local democracy. Hence, the constitutionality of Noken system is a translation of the constitution that pays attention to the social diversity that lives in society. Not only in the context of general elections, but in every aspect of national and State life, as more attention is given to the constitution of social diversity in society (constitutional pluralism).","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45304999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-04DOI: 10.20956/HALREV.V6I2.2019
A. Joshua
The government shall direct its policy towards giving to the citizens equal and adequate educational opportunities at all levels. Although, not classified as a fundamental right, this constitutional prescription remains at the forefront of the basic objectives of the Nigerian government; yet, despite this laudable objective, the Northern region of Nigeria has a consistent record of low enrolment rate of indigenous pupils in schools, thereby creating a noticeable disparity between the North and South of Nigeria in terms of education. It is against this background that this paper discusses the evolution, incidences and enabling circumstances of Boko Haram terrorism in Nigeria and its effects on education, particularly in the areas affected. The purpose of this paper is to discuss the long term consequences of the Boko Haram terrorism on the right to education, as guaranteed by the 1999 constitution, in the affected areas of Nigeria. The paper traces the origin and factors that aided the Boko Haram terrorism. It also considers the extent of the effectiveness of the response of the Nigerian government in tackling the problem. The findings prove that, although the response of the government has been active, yet it has not been effective in curtailing the terrorist activities. This has negatively impacted on education in the affected areas of the Northern Nigeria. The paper suggested measures to address the problem.
{"title":"Boko Haram Terrorism and a Threat to Right to Education","authors":"A. Joshua","doi":"10.20956/HALREV.V6I2.2019","DOIUrl":"https://doi.org/10.20956/HALREV.V6I2.2019","url":null,"abstract":"The government shall direct its policy towards giving to the citizens equal and adequate educational opportunities at all levels. Although, not classified as a fundamental right, this constitutional prescription remains at the forefront of the basic objectives of the Nigerian government; yet, despite this laudable objective, the Northern region of Nigeria has a consistent record of low enrolment rate of indigenous pupils in schools, thereby creating a noticeable disparity between the North and South of Nigeria in terms of education. It is against this background that this paper discusses the evolution, incidences and enabling circumstances of Boko Haram terrorism in Nigeria and its effects on education, particularly in the areas affected. The purpose of this paper is to discuss the long term consequences of the Boko Haram terrorism on the right to education, as guaranteed by the 1999 constitution, in the affected areas of Nigeria. The paper traces the origin and factors that aided the Boko Haram terrorism. It also considers the extent of the effectiveness of the response of the Nigerian government in tackling the problem. The findings prove that, although the response of the government has been active, yet it has not been effective in curtailing the terrorist activities. This has negatively impacted on education in the affected areas of the Northern Nigeria. The paper suggested measures to address the problem.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46269008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-08-11DOI: 10.20956/halrev.v6i2.2246
Zaid Aladwan
The international conventions for high seas had provided that each ship must have one flag only and must not change its flag during the voyage or for any reason. However, in the last years many ships have infringed this rule and had registered with other states that had allowed any foreign ships to register in their ports . These states are an open registry states, which are known as 'Flag of Convenience' states. This change of the flag during the voyage, which caused a lot of problems, was for a political and economic reasons either to make their own profit or to avoid their flag state fees. Notably, such phenomenon is considered as a maritime fraud, which will impact the maritime world and disseminate chaos on the high seas. For these reasons, this paper will highlight the duplication of the nationality for the ships issue and analyse the effects of this negative behaviour.
{"title":"Dual Nationality of the Ships and its Legal Impact","authors":"Zaid Aladwan","doi":"10.20956/halrev.v6i2.2246","DOIUrl":"https://doi.org/10.20956/halrev.v6i2.2246","url":null,"abstract":"The international conventions for high seas had provided that each ship must have one flag only and must not change its flag during the voyage or for any reason. However, in the last years many ships have infringed this rule and had registered with other states that had allowed any foreign ships to register in their ports . These states are an open registry states, which are known as 'Flag of Convenience' states. This change of the flag during the voyage, which caused a lot of problems, was for a political and economic reasons either to make their own profit or to avoid their flag state fees. Notably, such phenomenon is considered as a maritime fraud, which will impact the maritime world and disseminate chaos on the high seas. For these reasons, this paper will highlight the duplication of the nationality for the ships issue and analyse the effects of this negative behaviour.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43443452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-08-11DOI: 10.20956/HALREV.V6I2.1676
R. Ratnawati
Children's social environment influences their psychological return to crimes, and it is a treatment or reward from friends which they consider right since they are encouraged to repeat their actions. The research is an empirical legal research. The results shows that The role of psychologists in Special Child Development Institutions is not optimal, due to limited resources. Furthermore, parents or families should actively supervise and limit the association of children as this will prevent them from returning to the social environment. This is because the environment encourages them to commit criminal acts. Also, the government should make provision for their development through the Ministry of Rights and human rights psychologists of any special institute for children's development.
{"title":"Children's Recidivist who Conducted Criminal Act: Legal Psychology Perspective","authors":"R. Ratnawati","doi":"10.20956/HALREV.V6I2.1676","DOIUrl":"https://doi.org/10.20956/HALREV.V6I2.1676","url":null,"abstract":"Children's social environment influences their psychological return to crimes, and it is a treatment or reward from friends which they consider right since they are encouraged to repeat their actions. The research is an empirical legal research. The results shows that The role of psychologists in Special Child Development Institutions is not optimal, due to limited resources. Furthermore, parents or families should actively supervise and limit the association of children as this will prevent them from returning to the social environment. This is because the environment encourages them to commit criminal acts. Also, the government should make provision for their development through the Ministry of Rights and human rights psychologists of any special institute for children's development.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49491247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-08-11DOI: 10.20956/halrev.v6i2.2493
Rafika Nur, Handar Subhandi Bakhtiar
In the children criminal justice system in Indonesia, there are two systems of sanctions namely criminal sanctions and sanctions actions. A child who commits a criminal offense may be subject to criminal sanctions or sanctions. Imposing sanctions for children becomes something oriented towards coaching and protecting children. However, the imposition of sanctions for children can not be effective because of conflicting legal rules, law enforcement officials who have different paradigms in guarding the legal process against children, facilities and infrastructure that are incomplete and inadequate, making it difficult to enforce sanctions on children as well as the poor stigmatization of society against children in conflict with the law.
{"title":"The Imposition of Sanctions for Children","authors":"Rafika Nur, Handar Subhandi Bakhtiar","doi":"10.20956/halrev.v6i2.2493","DOIUrl":"https://doi.org/10.20956/halrev.v6i2.2493","url":null,"abstract":"In the children criminal justice system in Indonesia, there are two systems of sanctions namely criminal sanctions and sanctions actions. A child who commits a criminal offense may be subject to criminal sanctions or sanctions. Imposing sanctions for children becomes something oriented towards coaching and protecting children. However, the imposition of sanctions for children can not be effective because of conflicting legal rules, law enforcement officials who have different paradigms in guarding the legal process against children, facilities and infrastructure that are incomplete and inadequate, making it difficult to enforce sanctions on children as well as the poor stigmatization of society against children in conflict with the law.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45202751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-08-11DOI: 10.20956/HALREV.V6I2.2174
Shannon Suryaatmadja, Vicia Sacharissa, Konrardus Elias Liat Tedemaking
Space technology development shows feasibility of actualizing future space mining. There are numerous efforts to utilize resources from celestial bodies; whether as fuel, an alternative source for scarce minerals, or as an in-situ support for future human habitation in outer space. This article identifies potential clashes between ongoing space mining practices and the interests of developing nations. The main concern is accessibility: will the race to dominate space mining leave no room for non-space faring nations to utilize space resources, or even access potential space mining locations? The current international space law has several loopholes such as the absence of provisions regarding ownership of space resources, and the lack of inclusion of private actors, especially considering their role in furthering the space mining industry. This article also examines Indonesia’s regulation on space activities, including mining and provide recommendations. Current regulations imply there is a vision for Indonesia to be a large space actor in the future, but no instrument puts specific focus as of yet to space mining. Lack of dedicated funding and technology also exist, but there are various opportunities to attain this, provided Indonesia is able to utilize them for national interests.
{"title":"The Space Rush: Reviewing Indonesia’s Space Law in Facing the Rise of Space Mining","authors":"Shannon Suryaatmadja, Vicia Sacharissa, Konrardus Elias Liat Tedemaking","doi":"10.20956/HALREV.V6I2.2174","DOIUrl":"https://doi.org/10.20956/HALREV.V6I2.2174","url":null,"abstract":"Space technology development shows feasibility of actualizing future space mining. There are numerous efforts to utilize resources from celestial bodies; whether as fuel, an alternative source for scarce minerals, or as an in-situ support for future human habitation in outer space. This article identifies potential clashes between ongoing space mining practices and the interests of developing nations. The main concern is accessibility: will the race to dominate space mining leave no room for non-space faring nations to utilize space resources, or even access potential space mining locations? The current international space law has several loopholes such as the absence of provisions regarding ownership of space resources, and the lack of inclusion of private actors, especially considering their role in furthering the space mining industry. This article also examines Indonesia’s regulation on space activities, including mining and provide recommendations. Current regulations imply there is a vision for Indonesia to be a large space actor in the future, but no instrument puts specific focus as of yet to space mining. Lack of dedicated funding and technology also exist, but there are various opportunities to attain this, provided Indonesia is able to utilize them for national interests.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44612858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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