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All Journal Kertha Patrika Panrita Abdi - Jurnal Pengabdian pada Masyarakat Hasanuddin Law Review Udayana Journal of Law and Culture Media Iuris Indonesian Journal of International Law Indonesia Law Review (ILREV) Jurnal Hukum dan Pembangunan
Ridha Aditya Nugraha
Universitas Prasetiya Mulya
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Hasanuddin Law Review

 1 
Preserving the Environment within the ASEAN Skies: Lessons from the European Union Emissions Trading Scheme Nugraha, Ridha Aditya
Hasanuddin Law Review VOLUME 4 ISSUE 1, APRIL 2018
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (537.198 KB) | DOI: 10.20956/halrev.v4i1.1343

Abstract

The United Nations Framework Convention on Climate Change also known as the Kyoto Protocol has set up a framework to reduce carbon emission. The environmental issue is also being addressed at the international aviation sector through the International Civil Aviation Organization’s resolutions. As an international organization sui generis, the European Union (EU) has decided to take up a further step with the enactment of the EU Emissions Trading Scheme. The latter has obliged both EU and non-EU airlines to comply with its ambitious goal controlling aviation emissions. However, the legal framework had triggered international objections from legal perspective due to infringement towards the Chicago Convention of 1944 and the international customary law principles. Considering of the nature of the Association of South East Asian Nations (ASEAN) as an international organization without a supranational law order; as well as recent developments in regards to legal framework on emissions, the future of ASEAN skies from an environmental perspective seems uncertain. However, if ASEAN Emissions Trading Scheme shall take place, they should learn from the EU Emissions Trading Scheme past mistakes and the International Civil Aviation Organization resolutions to prevent non-discrimination towards non-ASEAN member states’ airlines from happening.
Improving Aviation Safety in Indonesia: How Many More Accidents? Nugraha, Ridha Aditya
Hasanuddin Law Review VOLUME 2 ISSUE 3, DECEMBER 2016
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (792.313 KB) | DOI: 10.20956/halrev.v2i3.321

Abstract

Numerous and consecutive aircraft accidents combined with a consistent failure to meet international safety standards in Indonesia, namely from the International Civil Aviation Organization and the European Aviation Safety Agency have proven a nightmare for the country’s aviation safety reputation. There is an urgent need for bureaucracy reform, harmonization of legislation, and especially ensuring legal enforcement, to bring Indonesian aviation safety back to world standards. The Indonesian Aviation Law of 2009 was enacted to reform the situation in Indonesia. The law has become the ground for drafting legal framework under decrees of the Minister of Transportation, which have allowed the government to perform follow-up actions such as establishing a single air navigation service provider and guaranteeing the independency of the Indonesian National Transportation Safety Committee. A comparison with Thailand is made to enrich the perspective. Finally, foreign aviation entities have a role to assist states, in this case Indonesia, in improving its aviation safety, considering the global nature of air travel.
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”.
Air and Space Law Education: Preparing for the Future in China, Indonesia, Italy and Thailand Nugraha, Ridha Aditya; Kong, Dejian; Guiso, Gaia; Kovudhikulrungsri, Lalin
Hasanuddin Law Review VOLUME 7 ISSUE 3, DECEMBER 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i3.3197

Abstract

Aerospace technology has developed rapidly within the last decade. Facing the future, there is an urgency to balance aerospace technology developments with providing sufficient human resources through education, in this context from the perspective of air and space law. From east to west, this article elaborates on air and space law education in four countries with different experiences in aerospace activities, namely China, Thailand, Indonesia, and Italy. The development of higher education in conducting such programs is essential to ensure that the national aerospace industry will never lack proper human resources from its own nationals, including professionals with specific air and space law expertise. Furthermore, higher education has a significant role in bridging the industry with recent developments and advising the government in setting up aviation and space policies, as in the successful case of China and Italy. In the end, this article provides policy recommendations on promoting air and space law in higher education.
Foreign Direct Investment in ASEAN Airline Industry Christiawan, Rio; Zuan, Haris; Jusoh, Sufian; Nugraha, Ridha Aditya
Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i1.4903

Abstract

The development of aviation market in Southeast Asia after the Covid-19 pandemic is promising. More aircraft are delivered to the Asia-Pacific region, including the Association of South East Asian Nations (ASEAN) Member States. The introduction of ASEAN Open Skies (also known as ASEAN Single Aviation Market) a decade earlier together with ASEAN Economic Community Blueprint 2025 goals for an integrated and cohesive regional economy highlight the importance of a seamless air connectivity. Liberalisation of the airline industry in ASEAN Member States is crucial to restart the airline industry pre-pandemic and to grasp the so-called Asian century momentum. However, ASEAN Member States are reluctant towards liberalisation efforts, maintaining protectionism on both freedoms of the air (traffic rights) as well as foreign direct investment (ownership and control). Existing legal framework at regional level, namely ASEAN Framework Agreement on Services (AFAS) and ASEAN Trade in Services Agreement (ATISA), only received lukewarm attention from ASEAN Member States. This article discusses the urgency to recall the commitment of a gradual liberalisation based on AFAS and ATISA among the ASEAN Member States, the implementation of which will lead to the establishment of a regional community carrier which benefits ASEAN citizens.
Foreign Direct Investment in ASEAN Airline Industry Christiawan, Rio; Zuan, Haris; Jusoh, Sufian; Nugraha, Ridha Aditya
Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i1.4903

Abstract

The development of aviation market in Southeast Asia after the Covid-19 pandemic is promising. More aircraft are delivered to the Asia-Pacific region, including the Association of South East Asian Nations (ASEAN) Member States. The introduction of ASEAN Open Skies (also known as ASEAN Single Aviation Market) a decade earlier together with ASEAN Economic Community Blueprint 2025 goals for an integrated and cohesive regional economy highlight the importance of a seamless air connectivity. Liberalisation of the airline industry in ASEAN Member States is crucial to restart the airline industry pre-pandemic and to grasp the so-called Asian century momentum. However, ASEAN Member States are reluctant towards liberalisation efforts, maintaining protectionism on both freedoms of the air (traffic rights) as well as foreign direct investment (ownership and control). Existing legal framework at regional level, namely ASEAN Framework Agreement on Services (AFAS) and ASEAN Trade in Services Agreement (ATISA), only received lukewarm attention from ASEAN Member States. This article discusses the urgency to recall the commitment of a gradual liberalisation based on AFAS and ATISA among the ASEAN Member States, the implementation of which will lead to the establishment of a regional community carrier which benefits ASEAN citizens.
Co-Authors Aldhanti Bodhihanna Ardes, Runggu Prilia Arfin Sudirman Bryan Raffael Chandra Christiawan, Rio Fernando Montero Gianni Tanoto Guiso, Gaia Jason Pratama Ong Josephine Janto Jusoh, Sufian Kartika Paramita Kong, Dejian Konrardus Elias Liat Tedemaking Kovudhikulrungsri, Lalin Leonardo Julianco Martina Tiara Kasih Muhammad Revaldi Testarosa Natasha Wijaya Nugraha, Taufik Rachmat Putro, Yaries Mahardika Rio Christiawan Taufik Rachmat Nugraha Taufik Rachmat Nugraha Vicia Sacharissa Yaries Mahardika Putro Yaries Mahardika Putro Zuan, Haris