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All Journal Hasanuddin Law Review Indonesian Journal of International Law
Ardes, Runggu Prilia
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Assessing the Liability Convention and the Indonesian Space Act in Light of Active Debris Removal Ardes, Runggu Prilia; Nugraha, Ridha Aditya
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2600

Abstract

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”.
Persistent Collaboration: Between International and Indonesian National Law on the Utilization of Earth Orbit Alfathimy, Deden Habibi Ali; Ardes, Runggu Prilia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This paper examines the legal issues surrounding the utilization of Earth orbit as a valuable and finite resource for Indonesia and other countries by exploring the monism-dualism debate in the context space law discourse in Indonesia. The study starts with the discussions on monism and dualism in Earth orbit regulations. Then, the article explains relevant legal matters on space activities and the varying stances of some States before subsequently discusses legal divergences in Indonesia. The analysis of the article discloses both consistency and inconsistency between Indonesian national and international space law. The findings of this paper reveal that under the framework of monism, Indonesia can contribute to conforming State practices in international legal matters related to space activities through persistent collaboration as opposed to both persistent objection and acquiescence.
From the Common Heritage of Mankind to The Artemis Accords: The Perspective of Developing Countries in Southeast Asia Nugraha, Ridha Aditya; Kovudhikulrungsri, Lalin; Ardes, Runggu Prilia; Christiawan, Rio
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies of 1979 enshrines that the moon as a Common Heritage of Mankind (CHM), which highlights equitable sharing. This is considered a reason why the Agreement only attracted 17 member States. In order to return to the moon by 2028, the United States arranged the Artemis Accords. This non-binding arrangement discusses the utilization of space resources and the non-appropriation principle under international space law. The Artemis Accords can be interpreted as a subsequent practice related to space law treaties. However, the accord excludes the Moon Agreement, which gained criticism that the accord subtly enables the full commercialization of space resources. In 2026, the Artemis Accords has 61 member States with various economic statuses. Among the Southeast Asian countries, Singapore, Thailand, Malaysia and the Philippines have joined the Artemis Accords, and the latter is a party to the Moon Agreement. However, there is no study of the Artemis Accords from the perspective of developing Southeast Asian countries. This paper focuses on international law and developing nations’ perspectives, using Indonesia and Thailand as examples. The historical development of the CHM under the Moon Agreement, the role of the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS), and the provision of space resources under the Artemis Accords are examined from an international law standpoint. It discusses the position of non-space-faring nations, such as Indonesia and Thailand, to reflect on the challenges and opportunities in light of this upcoming space mining era.
Co-Authors Christiawan, Rio Deden Habibi Ali Alfathimy, Deden Habibi Ali Kovudhikulrungsri, Lalin Ridha Aditya Nugraha