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All Journal Al-Mizan (e-Journal) JUSTISI SIGn Jurnal Hukum Priviet Social Sciences Journal
Muthia, Nuriyah Fara
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Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Dual use satellites in the Ukraine conflict: The dilemma between state sovereignty and the principle of non-militarization of outer space Muthia, Nuriyah Fara; Muhni, Afif; H., Nurisnah
Priviet Social Sciences Journal Vol. 5 No. 10 (2025): October 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i10.715

Abstract

The increasing reliance on commercial satellite networks during armed conflicts has revealed substantial deficiencies in international space law. The Russia–Ukraine conflict serves as a pivotal case study, wherein Ukraine's utilization of SpaceX's Starlink satellite constellation for military communications obscured the distinction between civilian and military objects. This dual-use characteristic poses challenges to the traditional principles of international law, including state sovereignty over airspace, as delineated by the 1944 Chicago Convention, the freedom of outer space, as established by the 1967 Outer Space Treaty, and the principle of distinction under international humanitarian law. This study employs doctrinal legal analysis to assess whether dual-use satellites should be deemed legitimate military targets and to what extent states are accountable for the actions of private space actors. It contends that existing frameworks inadequately address the militarization risks posed by commercial satellites in low Earth orbit. The study concludes that new normative measures – whether through treaty amendments, interpretive declarations, or soft law instruments – are urgently needed to reconcile the competing principles of state sovereignty, civilian protection, and non-militarization of outer space.
Implikasi Hukum Terhadap Peningkatan Sampah Ruang Angkasa Akibat Aktivitas Komersialisasi Ruang Angkasa Muthia, Nuriyah Fara; Sumardi, Juajir; Maskun, Maskun
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.4620

Abstract

This research aims to analyze the legal implications of the increase in space debris generated through space commercialization activities. This research uses a normative legal method using a qualitative approach to determine the application of law in commercial activities carried out in space. The results of this study, namely: (1) the increase in space junk cases caused by commercial activities in space is increasing until 2022 due to various satellites being launched and causing junk to scatter freely in space. The rules of the Outer Space Treaty 1967 are still unable to guarantee legal certainty so that all parties carrying out commercial activities in space obey them; (2) the calculation of damage caused by commercial activities in space will result in liability that has been regulated in the Space Liability Convention 1972 that there are two legal principles governing the responsibility for compensation carried out by all parties in space, both state and private parties.
Reconstruction of the Penal System Based on Triple Vulnerability: Harmonization of Lex Generalis and Lex Specialis in Handling Sexual Violence against Girls with Disabilities Nurisnah, Nurisnah; Saputra, Asbudi Dwi; Muthia, Nuriyah Fara; Dahlan, Muhammad Fitratallah; Rivanie, Syarif Saddam
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.616

Abstract

The escalation of sexual violence cases against girls with disabilities has reached a crisis stage, exacerbated by the fragmentation of legal regulations operating sectorally. The failure of the judicial system to respond to the complexity of victim vulnerability frequently creates impunity loopholes, perpetuating victimization practices. This research aims to analyze the legal anatomy of “triple vulnerability” and reconstruct the “Integrated Juridical Trident” model as a harmonization solution for the national penal system. Using a normative juridical research method with statute and conceptual approaches, this study examines the synchronization of norms among Law Number 1 of 2023, Law Number 20 of 2025, and related specific laws. The results prove that the intersection of child, female, and person with disabilities statuses constitutes a juridical determinant automatically triggering the application of the absolute rape offense and state accommodation obligations. The constructed trident model positions Law Number 1 of 2023 as the material legality foundation and Law Number 20 of 2025 as the formal legality foundation, synergized horizontally with Law Number 23 of 2002 as the subject determinant, Law Number 8 of 2016 as the procedural rights guarantor, and Law Number 12 of 2022 as the recovery guarantee. The effectiveness of this model is secured by a precision law enforcement strategy, through the validation of proof of equality between witnesses with disabilities and the application of an absolute prohibition on restorative justice. This study concludes that such system integration is necessary to close legal loopholes and guarantee maximum sentencing certainty for perpetrators of these crimes against humanity.
From Contractual Breach to Corporate Criminal Liability: Exploitation of Debtor Data by Account Officers in Indonesia Muhni, Afif; Basri, Muhammad; Rivanie, Syarif Saddam; Muthia, Nuriyah Fara; Amri, Ulil
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5298

Abstract

The aim of this study is to analyze criminal liability for data exploitation committed by an AO in order to establish corporate liability against the receiving bank. The method used in this study is a normative approach with legal and conceptual perspectives. This study analyzes the shift in the nature of illegality from a breach of contract to criminal data exploitation. The novelty of this study demonstrates that recipient banks, which derive economic benefits from such illegal data, qualify as Beneficial Owners subject to corporate criminal liability under the doctrine of Vicarious Liability. The results of this study indicate that the transfer of data without specific written consent constitutes a criminal offense under Article 65(2) of the Personal Data Protection Act. Conclusion This study recommends the establishment of criminal policies based on Economic Analysis of Law, applying cumulative sanctions: imprisonment for individuals and substantial administrative fines for corporations. This step is crucial to eliminate the economic incentives behind data crimes and ensure legal certainty in the digital banking environment.
Co-Authors Dahlan, Muhammad Fitratallah H., Nurisnah Juajir Sumardi Maskun Muhammad Basri Muhni, Afif Nurisnah, Nurisnah Saputra, Asbudi Dwi Sukatin, Sukatin Syarif Saddam Rivanie