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All Journal Yustisia Jurnal Hukum Novelty
Harry Purwanto
Department Of International Law Faculty Of Law Universitas Gadjah Mada, Yogyakarta
Law, Crime, Criminology & Criminal Justice Social Sciences

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Safeguarding the National Airspace of Indonesia under the Framework of International Air Law Harry Purwanto
Jurnal Hukum Novelty Vol 12, No 2 (2021)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v12i2.a18528

Abstract

Introduction to the Problem: The vast territory of Indonesia requires careful thought in realizing an effective defense system to maintain its territorial integrity and the safety of the nation. To ensure the effectiveness of the country's broad defense system requires great strength, high mobility, and early detection capability. The development of Indonesia's defense force should not merely be oriented towards the land territory, but it must also be optimized towards the country’s sea and air forces.Purpose/Objective Study: This study examines the airspace protection system implemented by Indonesia to protect the security of the country from threats.Methodology: The research design is exploratory as this paper aspires to explore the basis of air defense identification zone.Findings: The Indonesian Government has taken legal measures by regulating restricted airspace, air defense identification zones, as well as identifying types of violations committed by foreign aircraft. Both national and international laws allow Indonesia to establish air defense identification zones.Paper Type: General Review
Sic Utere Tuo Ut Alienum Non Laedas: State Responsibility and Environmental Obligations in the Context of Climate Change Diah Apriani Atika Sari; Marsudi Triatmodjo; Harry Purwanto
Yustisia Vol 14, No 1: April 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i1.93681

Abstract

The principle of Sic utere tuo ut alienum non laedas requires the state to avoid environmental damage and to prevent harmful activity on its territory. UNFCCC laws restrict states from emitting excessive greenhouse gases. Avoiding environmental damage is crucial to protecting against losses and mitigating global warming in the context of climate change. This study aimed to examine of the interplay between the principle of Sic utere tuo ut alienum non laedas, the duty to refrain from environmental degradation, and the responsibility of tackling climate change. The results show that the state caused increasing sea levels, melting glaciers and polar ice, and unpredictable hydrological cycles due to enormous greenhouse gas emissions.  Climate change was less important than the sovereign right to develop and explore natural resources.  International legislative tools like the Climate Change Convention slowed climate change. International law requires environmental protection under sic utere tuo ut alienum non-laedas. Climate change conventions did not accept this principle. In Anglo-Saxon law, sic utere tuo ut alienum non laedas—the principle of no harm—required state accountability for international law infractions and restitution.  The state was held accountable under international law for excessive greenhouse emissions under strict liability.
Co-Authors Bintari Dyah Ramadhani dan Marsudi Triatmodjo Diah Apriani Atika Sari Priyo Hadisusilo Sigit Riyanto