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Editorial: In Memoriam Prof. Priyatna Abdurrasyid Latipulhayat, Atip
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 2, No 2 (2015): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)
Publisher : Faculty of Law, Padjadjaran University

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Editorial kali ini secara khusus didedikasikan untuk almarhum Prof. Priyatna Abdurrasyid yang wafat pada hari Jumat, 22 Mei 2015 pada usia 85 tahun. Beliau wafat bersamaan dengan berlangsungnya the Asia Pacific Manfred Lachs Space Law Moot Court Competition yang di selenggarakan oleh International Institute of Space Law (IISL) bekerjasama dengan Fakultas Hukum Universitas Padjadjaran (Unpad). Kegiatan tersebut merupakan ajang kompe_si para mahasiswa hukum sedunia dalam bidang hukum ruang angkasa, yang diselenggarakan setiap tahun, sebagai bagian dari konferensi tahunan para pakar hukum ruang angkasa dunia. Tahun ini, Fakultas Hukum Unpad mendapat kehormatan untuk menjadi tuan rumah penyelenggaraan moot court tersebut untuk regional Asia-Pasifik. Momen-momen penting yang terkait dengan hukum ruang angkasa di Indonesia termasuk keikutsertaan mahasiswa Indonesia didalamnya tidak terlepas dari peran Prof. Priyatna. Semoga semuanya menjadi bagian dari amal jariah untuk almarhum, amin. Artikel yang tersaji dalam edisi kali ini tidak terkait dengan hukum udara dan ruang angkasa. Editorial ini sebagai persembahan dan penghormatan khusus kepada Prof. Priyatna sebagai Bapak Hukum Udara dan Ruang Angkasa di Indonesia, khususnya di Fakultas Hukum Unpad.Â DOI: https://doi.org/10.22304/pjih.v2n2.a0

Khazanah: Feuerbach Latipulhayat, Atip
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 4, No 3 (2017): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)
Publisher : Faculty of Law, Padjadjaran University

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For a number of years in the mid-nineteenth century Ludwig Feuerbach (1804â1872) played an important role in the history of post-Hegelian German philosophy, and in the transition from idealism to various forms of naturalism, materialism and positivism that is one of the most notable developments of this period. To the extent that he is remembered today by non-specialists in the history of nineteenth-century religious thought, it is mainly as the object of Marxâs criticism in his famousÂ Theses on Feuerbach, originally penned in 1845 and first published posthumously by Friedrich Engels as an appendix to his book,Â Ludwig Feuerbach and the End of Classical German PhilosophyÂ (Engels 1888). Although never without his admirers, who have included several leading popularizers of scientific materialism in the second half the nineteenth century (cf. Gregory 1977), not to mention the theologian, Karl Barth, Feuerbachâs public influence declined rapidly after the failed revolution of 1848/49 (in approximately inverse proportion to the rising popularity of Schopenhauer). Renewed philosophical attention paid to him in the middle of the twentieth century is largely attributable to the publication, beginning in the late 1920s, of Marxâs early philosophical manuscripts, includingÂ The German Ideology, which revealed the extent of Feuerbachâs influence on Marx and Engels during the period culminating in the composition of that historic work (1845â46).

Editorial: Post-Truth, Power, and Law Latipulhayat, Atip
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 5, No 1 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Padjadjaran University

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Editorial: Post-Truth, Power, and Law

Editorial: Flight Information Region: Safety or Sovereignty Issues Latipulhayat, Atip
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 5, No 2 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Padjadjaran University

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Editorial: Flight Information Region: Safety or Sovereignty Issues

Khazanah: Montesquieu Latipulhayat, Atip
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 5, No 2 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Padjadjaran University

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Khazanah: Montesquieu

Liability To Third Parties Due to State Aircraft Accidents According to International And National Air Law Hanifaturrizqi, Yasmin Fara; Latipulhayat, Atip
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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This research highlights the pressing issue of the absence of state aircraft regulations demanding immediate attention. The coexistence of civil and state planes in the same airspace necessitates a thorough understanding of their interaction. However, international and national legal instruments have largely neglected state aircraft, focusing primarily on regulating air transportation and navigation for civil aviation. The research methodology employed for this study was normative juridical, involving examining library materials or secondary data using deductive thinking methods. The study's findings are clear: Firstly, in international law, the Convention on Compensation for Damage Caused by Aircraft to Third Parties 2009 and the Convention on Compensation for Damage to Third Parties 2009, Resulting from Acts of Unlawful Interference Involving Aircraft 2009 should be the standard for compensating third parties for losses resulting from aircraft activities. Secondly, at the national level, Law No. 1 of 2009 concerning Aviation and Minister of Transportation Regulation No. 77 of 2011 concerning the Responsibility of Air Transport Carriers must be used as a benchmark for fair compensation for losses to third parties due to aircraft activities. Governments must step up and ensure the safety and well-being of their citizens.

Arbitration as the Dispute Settlement Method to Address Harmful Interference in the Age of Mega-Constellations of Satellites Pratidina, Safira; Latipulhayat, Atip; Handayani, Irawati
Padjadjaran Journal of International Law Vol. 8 No. 1 (2024): Padjadjaran Journal of International Law, Volume 8, Number 1, January 2024
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i1.1448

The increasing demand for radio frequency spectrum usage for the launch of mega-constellations of telecommunication satellites will potentially increase incidents of harmful interference to radiocommunication. International law has yet to regulate a compulsory method of dispute settlement for harmful interference disputes. Currently, most cases of harmful interference are solved through technical and political means. However, those methods cannot address damage claims that may be caused by harmful interference, which may become increasingly common with the growing participation of private entities. Article 56 of the ITU Constitution has regulated several dispute resolution methods related to telecommunications, namely negotiation, diplomatic channels, other methods mutually agreed upon by the parties, and arbitration. This study aims to analyze these methods of dispute settlement and determine the most appropriate method to address harmful interference disputes. As the diplomatic dispute settlement methods do not result in enforceable legally binding decisions, this study argues that arbitration is the most appropriate method to settle disputes concerning harmful interference because it offers more neutrality in its proceedings and the confidentiality of sensitive information. It may also decide on damages as part of the arbitral award. Arbitration awards are final and binding, thus offering legal certainty to the parties to the dispute. States have generally recognized arbitration awards and created mechanisms to enforce arbitral awards. This study also recommends that the ITU implement compulsory arbitration with limitations and create a harm-claim threshold.

Realignment of Flight Information Region Agreement Between Indonesia and Singapore 2022: Unraveling Sovereignty and Ratification Issues for Indonesia Muhammad, Naufal Faiz; Latipulhayat, Atip; Pratama, Garry Gumelar
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Flight Information Region (FIR) is an essential part of the aviation sector, providing air navigation and alerting services crucial for ensuring flight safety. States may delegate the management of FIR services to other nations for various reasons, primarily centered on aviation safety. However, such delegation requires careful consideration due to its potential impact on a state’s airspace sovereignty. This study focuses on the most recent FIR delegation involving the realignment of FIR over the Riau and Natuna Islands between Indonesia and Singapore in 2022. According to the signed agreement, Indonesia is obligated to delegate the management of specific areas of the Natuna FIR above its territory to Singapore. While this delegation poses potential challenges related to Indonesia's national security and economic interests, additional issues arise from the legal instrument chosen by the Indonesian government to ratify the agreement. The objective of this research is to analyze the sovereignty and ratification issues for Indonesia arising from the signing of the Indonesia-Singapore FIR Agreement 2022. The study utilizes normative legal analysis with a juridical approach. The findings indicate that the delegation of the Natuna FIR to Singapore has restricted Indonesia's right to exercise sovereignty over its airspace. Furthermore, the study concludes that Indonesia’s instrument of ratification for the Indonesia-Singapore FIR Agreement 2022 is inconsistent with Indonesian law and practice. This research contributes to understanding the legal implications of FIR management delegation, emphasizing the importance of aligning such agreements with domestic legal frameworks.DOI: https://doi.org/10.22304/pjih.v11n1.a1

Electronic Criminal Justice in Indonesia: Challenges and the Future Measures Barlian, Aristo Evandy A.; Latipulhayat, Atip; Rusmiati, Elis; Wulandari, Widati; Sukma, Ahmad Novindri Aji
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27805

Electronic trials represent a radical innovation within the judicial system, viewed as a means to simplify and facilitate access to justice for those seeking it. However, electronic criminal trials continue to present both legal and technical challenges. This writing aims to explore the development of electronic criminal trials in Indonesia and compare them with several other countries. It also outlines the issues and challenges involved, while proposing future measures to ensure electronic trials function as intended. The approach used in this paper is based on statutory and comparative methods. The findings indicate that radical innovations, particularly in electronic trials, highlight the need for sustainability, but also reveal legal and technical challenges. The legal aspect concerns the level of regulation within the Supreme Court Regulations, which ideally should be elevated to the level of the Criminal Procedure Code. There is also ambiguity regarding the criteria for implementing electronic criminal trials. Compared to the United States, where clear criteria are established, Indonesia lacks such clarity. On the technical aspect, challenges such as unequal access to the internet, network disparities, and limited human resources need to be addressed. For the future success of electronic criminal trials, it is necessary to establish clear regulations at the level of the Criminal Procedure Code; provide equal network access to ensure electronic trials can be conducted in all courts across Indonesia; improve the quality of electronic trial services, especially for vulnerable groups (such as the elderly and people with disabilities); and enhance data security systems to protect personal information, as demonstrated by Kyrgyzstan.

The Digital Transformation of Criminal Justice: A Comparative Examination of Indonesia’s E-Court System and Global Best Practices Barlian, Aristo Evandy A.; Latipulhayat, Atip; Rusmiati, Elis; Wulandari, Widati; Sukma, Ahmad Novindri Aji
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.14341

In an era marked by the algorithmic mediation of human affairs, the pursuit of justice can no longer be disentangled from the architecture of digital systems that sustain it. The criminal justice system, long rooted in analog procedures and institutional inertia, faces an existential imperative: adapt or risk obsolescence. Within this context, digital transformation is not merely an administrative upgrade—it is a normative challenge to the principles of due process, transparency, and equality before the law. Indonesia’s hesitant transition toward e-criminal justice reveals a complex interplay of structural, legal, and epistemic limitations. This study aims to analyze the development of e-criminal justice in Indonesia by conducting a comparative assessment of successful digital judicial systems in the United States, the United Kingdom, and Singapore. Employing a normative legal research approach with a comparative legal method, this study examines primary and secondary legal sources to identify regulatory gaps, procedural challenges, and strategic solutions. The findings reveal that Indonesia’s legal framework remains insufficient in addressing key procedural safeguards, digital evidence authentication, and cybersecurity risks. Additionally, disparities in digital access, resistance from legal practitioners, and inadequate technological infrastructure hinder the effective implementation of e-criminal justice. Comparative analysis suggests that successful digital transformation requires a robust regulatory foundation, secure and interoperable digital platforms, structured judicial training programs, and policies ensuring digital inclusivity. To optimize its e-criminal justice framework, Indonesia must adopt a context-sensitive and adaptive strategy, balancing technological advancements with fundamental principles of procedural fairness and judicial integrity. Future research should explore the long-term impact of digitalization on judicial decision-making, the role of AI in legal processes, and the effectiveness of cybersecurity mechanisms in safeguarding judicial independence. This study contributes to the broader discourse on the intersection between technology and justice, providing recommendations for a sustainable and equitable digital transformation of Indonesia’s criminal justice system.

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