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All Journal Veritas et Justitia Indonesian Journal of International Law
Nugraha, Taufik Rachmat
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PROGRAM ARTEMIS: TANTANGAN HUKUM RUANG ANGKASA DI ERA BARU Nugraha, Taufik Rachmat
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4388

Abstract

Artemis program has mainly focused on space exploration and exploitation of the Moon and other celestial bodies. United States government as initiator is inviting government and non-government entities to involved in the Artemis program through Artemis Accords. Furthermore, this program will challenge Corpus Juris Spatialis as existing law. It could not properly answer the future problems because this law has begun obsolete after 50 years since it was composed. However, Corpus Juris Spatialis was too geocentric, using Earth as the primary benchmark of space activities. Because of that, it has lacunæ on mineral exploitation, space environment, and properties issues. Based on those facts, there must be a new regulation along with planetary sustainability approach and with space-centric character on which covered all future questions comprehensively. Furthermore, this article will examine the Artemis program using a comparative method between the U.S. and Luxembourg national legislation with Corpus Juris Spatialis as existing international space law. The author will propose a space-centric concept as a new approach to preserve outer space as the common heritage of mankind and reducing space environmental damage from such activities.
PROGRAM ARTEMIS: TANTANGAN HUKUM RUANG ANGKASA DI ERA BARU Nugraha, Taufik Rachmat
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4388

Abstract

Artemis program has mainly focused on space exploration and exploitation of the Moon and other celestial bodies. United States government as initiator is inviting government and non-government entities to involved in the Artemis program through Artemis Accords. Furthermore, this program will challenge Corpus Juris Spatialis as existing law. It could not properly answer the future problems because this law has begun obsolete after 50 years since it was composed. However, Corpus Juris Spatialis was too geocentric, using Earth as the primary benchmark of space activities. Because of that, it has lacunæ on mineral exploitation, space environment, and properties issues. Based on those facts, there must be a new regulation along with planetary sustainability approach and with space-centric character on which covered all future questions comprehensively. Furthermore, this article will examine the Artemis program using a comparative method between the U.S. and Luxembourg national legislation with Corpus Juris Spatialis as existing international space law. The author will propose a space-centric concept as a new approach to preserve outer space as the common heritage of mankind and reducing space environmental damage from such activities.
Geostationary Orbit Slot Reconceptualization In Accommodating the South Putro, Yaries Mahardika; Nugraha, Ridha Aditya; Nugraha, Taufik Rachmat
Indonesian Journal of International Law Vol. 19, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Geostationary Orbit (GSO) located above the equator is deemed as limited resources with strategic position for satellites in outer space. As today, the majority who possess GSO slots are non-equatorial states, in this context developed countries. The distribution of orbital slots in the GSO has been discussed among scholars from the developing states for decades. In the past, the developing states ever formed the “Bogota Declaration” aimed to ensure the developing states possess special rights over the GSO slot. The declaration arose from the distribution of the GSO slot by unequal treatment and dissatisfaction to the International Telecommunication Union (ITU) in global governance context. Concurrently the distribution of the GSO slot is based on a first-come-first-serve basis, recalling satellite technology development in the developing states is crawling; in contrast with developed states in which their satellite technologies are snowballing. This fact commonly disadvantages the developing states in many ways, they have an enormous risk of potential satellite re-entry as an accident for the developing states, equatorial states, and they have limited access to put their satellite above their skies. This article strives to provide recommendation that GSO slot distribution should lead to an unorthodox approach, namely to ensure developing countries have equal rights to GSO. The findings of this study argue that the current international space law regime is excessively “western-centric” and fails in accommodating developing countries’ interests. The special and differential treatment principle could serve as a basis for granting special rights to developing countries to utilize the GSO.
Co-Authors Putro, Yaries Mahardika Ridha Aditya Nugraha