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All Journal Hasanuddin Law Review Mulawarman Law Review
Sacharissa, Vicia
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Law, Crime, Criminology & Criminal Justice

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The Space Rush: Reviewing Indonesia’s Space Law in Facing the Rise of Space Mining Suryaatmadja, Shannon; Sacharissa, Vicia; Tedemaking, Konrardus Elias Liat
Hasanuddin Law Review VOLUME 6 ISSUE 2, AUGUST 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i2.2174

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.
Legal Consequences of The Absense of Informed Consent in Therapeutic Transactions Sacharissa, Vicia
Jurnal Mulawarman Law Review Vol 5 No 1: Mulawarman Law Review - June 2020
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v5i1.296

Abstract

A person's right to their own body is one of the human rights protected under the right to self-determination,1 and this protection also applies to patients seeking treatments. The process of giving information by the doctor, which is then followed with the consent to medical action by patient, is known as informed consent. In Indonesia, the protection of such right is contained in various laws and regulations. This is a descriptive legal research, with normative-judicial or library research method and qualitative data analysis. The discussion covers topics regarding therapeutic transaction as a form of agreement, the presence of informed consent in therapeutic transactions, and the consequence of the absence of informed consent from the perspective of civil law. It is also supplemented with case decision study on Case Decision No. 3203 K/Pdt/2017 which proves that the lack of informed consent is a legitimate ground for a lawsuit.
Legal Consequences of The Absense of Informed Consent in Therapeutic Transactions Sacharissa, Vicia
Jurnal Mulawarman Law Review Vol 5 No 1: Mulawarman Law Review - June 2020
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v5i1.296

Abstract

A person's right to their own body is one of the human rights protected under the right to self-determination,1 and this protection also applies to patients seeking treatments. The process of giving information by the doctor, which is then followed with the consent to medical action by patient, is known as informed consent. In Indonesia, the protection of such right is contained in various laws and regulations. This is a descriptive legal research, with normative-judicial or library research method and qualitative data analysis. The discussion covers topics regarding therapeutic transaction as a form of agreement, the presence of informed consent in therapeutic transactions, and the consequence of the absence of informed consent from the perspective of civil law. It is also supplemented with case decision study on Case Decision No. 3203 K/Pdt/2017 which proves that the lack of informed consent is a legitimate ground for a lawsuit.
Co-Authors Suryaatmadja, Shannon Tedemaking, Konrardus Elias Liat