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All Journal Reformasi Hukum Trisakti Amicus Curiae
Sugeng Supartono
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Law, Crime, Criminology & Criminal Justice

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Pelanggaran Kedaulatan Wilayah Udara Kota Batam Indonesia Oleh Pesawat Boeing 737 Ethiopian Airline ETH3728 Tahun 2019 Berdasarkan Hukum Udara: Violation Of The Sovereignty Of The Airspace Of The City Of Batam By Boeing 737 Ethiopian Airline Eth3728 Based On Air Law Kyla Rachmadyantira; Sugeng Supartono
Reformasi Hukum Trisakti Vol 7 No 1 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i1.22261

Abstract

The case of violation of the sovereignty of Batam city airspace by Boeing 737 Ethiopian Airlines ETH3728 in 2019 is a serious violation of Indonesia's sovereignty. The problem of this research is: what are Indonesia's legal efforts in dealing with violations that occur and what are the factors that cause violations. The research method used, namely: normative juridical, descriptive, using secondary data, and data processing is done qualitatively. The results and the conclusion of this study indicate that Indonesia's legal efforts are carried out through the application of Law Number 43 of 2008 and in collaboration with ICAO. Then, the factors causing violations include air traffic density, lack of supervision, and weak international coordination. The research conclusion emphasizes the importance of strict law enforcement and effective international cooperation to maintain Indonesia's air sovereignty, as well as the need for increased surveillance and diplomacy to prevent future violations.
PENEBANGAN LIAR (ILLEGAL LOGGING) DI VANUATU BERDASARKAN UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE: Illegal Logging In Vanuatu Based On The United Nations Framework Convention On Climate Change Imam makkarim mukhtar lubis; Sugeng Supartono
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22875

Abstract

Climate change is a global challenge that impacts small island states, including Vanuatu. This study examines policies based on the United Nations Framework Convention on Climate Change in Vanuatu's climate change mitigation efforts, on reducing carbon emissions and increasing environmental resilience. Identify of this stufy; violations committed by Vanuatu against the provisions of the United Nations Framework Convention on Climate Change (UNFCCC) and Vanuatu's responsibilities in addressing illegal logging violations under the UNFCCC. Normative and descriptive legal research methods, this study highlights Vanuatu's role in fighting for climate justice, despite challenges such as weak law enforcement, dependence on foreign aid, and limited implementation capacity. The results and the conclusion of the study indicate that although Vanuatu has taken strategic steps in reducing carbon emissions through international cooperation and local policies, there are still obstacles to implementation. This study recommends increasing the contribution of developed countries in supporting developing countries and strengthening local institutions to ensure the sustainability of mitigation policies. These findings provide important insights for global efforts to address climate change through more effective collaboration between developed and developing countries.
PENGGUNAAN DRONE OLEH PEMBERONTAK HOUTHI DALAM PENYERANGAN KILANG MINYAK ARAB SAUDI MENURUT HUKUM UDARA: The Use of Drones by Houthis Rebel in the Attack on Saudi Arabia Oil Refinery according to Air Law Muhammad Fikri Ridwansyah; Sugeng Supartono
Reformasi Hukum Trisakti Vol 7 No 2 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i2.22765

Abstract

State sovereignty over airspace according to international law is intact and full. International regulations or conventions have not expressly regulated unmanned aircraft (drones). The development of drone regulation is developing very slowly because there are no laws and standards set by the International Civil Aviation Organization (ICAO) in the use of drones. The problems of this research are: how is the legality of drones in crossing state borders and how is Yemen responsible for the actions of Houthi rebels? This type of research uses a normative juridical method, a descriptive, uses secondary data, data is analyzed qualitatively, and conclusions are deductive. The results and conclusion of this study indicate that the regulation of drones is equated with aircraft. Still, the mention of drones has not been specifically regulated in national and international air law. The regulation on this matter is only limited to the conventions and recommendations of the ICAO. Then, Yemen is not responsible for the actions of the Houthi group even though the group has adopted Yemen and claimed to be the country's national movement. It is because Yemen does not recognize the group as an organ of the state.
TANGGUNG JAWAB AMERIKA SERIKAT ATAS JATUHNYA PUING SPACEX DRAGON DI AUSTRALIA AKIBAT KEGIATAN KOMERSIALISASI BERDASARKAN LIABILITY CONVENTION 1972: The United States’ Liability for the Fall of SpaceX Dragon Debris in Australia due to Commercialization Activities based on the Liability Convention 1972 Lingga Ayu Winusratu; Sugeng Supartono
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24011

Abstract

According to the Outer Space Treaty, commercial space activities by private entities are regulated, but it is implicitly stated that countries must make their own policies regarding this matter. The problem is how countries hold responsibility under the Liability Convention of 1972 and how the United States will hold SpaceX accountable for the falling debris of the SpaceX Dragon in Australia as a result of commercialized space activities. The research was conducted with a normative research methodology and secondary data, data collection was done through library studies, analyzed using qualitative methods, and conclusions were drawn using deductive methods. The research results indicate that according to the Liability Convention of 1972, the Launching State is responsible for any damage or impacts caused by space activities. The characterization of the element of state responsibility in the United States can be delegated, therefore, the United States, acting as NASA, is not held responsible for the falling debris of the SpaceX Dragon in Australia.
Co-Authors Imam makkarim mukhtar lubis Kyla Rachmadyantira Lingga Ayu Winusratu Muhammad Fikri Ridwansyah