scholarly journals Tanggung Jawab Perusahaan Dalam Komersialisasi Ruang Angkasa dan Implikasinya Terhadap Outer Space Treaty 1967 (Studi Tentang Wisata Ruang Angkasa)

2021 ◽  
Vol 2 (2) ◽  
pp. 131-151
Author(s):  
Niken Tyasworo ◽  
Mas Nana Jumena
Keyword(s):  
Outer Space ◽  
Private Companies ◽  
Basic Law ◽  
The Future ◽  
Outer Space Treaty ◽  
The Law ◽  
Future Business ◽  
Laws And Regulations

The exploratory utilization of outer space is currently take a place following the development of science and technologies. At first, the exploration was done by government only, in this time, private companies also take part to do the outer space exploration.The outer space tour activities is one form of outer space commercialization. This time, those activities is still in the developing process for the better future business, especially in the law aspect for the outer space tour activities. So that, an explanation of the outer space tour activity is one particular part that should be extremely clear and understandable for the sake of tourist’s security. Such as, how far the responsibility is given by government and private companies in case of an accident during the outer space tour activities.The conclusion of this research is to mention that Outer Space Treaty 1967, Rescue Agreement 1968, Liability Convention 1972 and Registration Convention 1975 are all be able to applied as basic law for the outer space tour activities. Therefore, the outer space tour activity is something that could have been done routinely in the future and that makes the laws and regulations must be evident, equitable, and liable in order to ensure comfort and safety for the outer space tourists.

Outposts of the Law: The Frontier and the Civil-Law Fringe

2019 ◽  
pp. 127-146
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Civil Law ◽  
The State ◽  
American Frontier ◽  
Northwest Ordinance ◽  
Basic Law ◽  
The Future ◽  
History Of ◽  
The Law ◽  
New Nation

This chapter discusses the history of American frontier law. The new nation faced the problem of how to deal with the western lands. Some of the states had huge, vague, and vast claims to chunks of western land, stretching out far beyond the pale of settlement; other states did not. The Ordinance of 1787 dealt with the issue of governance and the future of the western lands. It set basic law for a huge area of forest and plain that became the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin. The Ordinance of 1790 extended the influence of the Northwest Ordinance into what became the state of Tennessee.

Towards An Ethical Approach To Commercial Space Activities

2011 ◽  
pp. 281-292
Author(s):  
Jacques Arnould
Keyword(s):  
Outer Space ◽  
Orbital Debris ◽  
Earth Space ◽  
Commercial Space ◽  
Ethical Approach ◽  
The Future ◽  
Outer Space Treaty ◽  
Space Activities ◽  
Debris Mitigation ◽  
Future Utilization

This chapter introduces the ethical questioning in the field of space activities, especially space commerce. If the 1967 Outer Space Treaty defines space as the “property of all” and its exploration as the “province of all mankind”, the future utilization of near-Earth (and tomorrow Greater Earth) space needs probably a new ethics (if ethics means not only legal applications but also and for example the application of the “rule of three Ps”: protection, promotion and preparation). Orbital debris mitigation, the International Charter on Space and Major Disasters or, in the future, the safety of private astronauts crews offer lessons in realism and sources of prospective reflections. Space ethics is still in its infancy.

scholarly journals Implementasi Ide Restorative Justice ke dalam Ketentuan Peraturan Perundang-Undangan Anak di Indonesia

2018 ◽  
Vol 7 (2) ◽  
pp. 204
Author(s):  
Boyce Alvhan Clifford ◽  
Barda Nawawi Arief
Keyword(s):  
Restorative Justice ◽  
Broad Sense ◽  
Criminal Cases ◽  
Original State ◽  
The Future ◽  
Strategic Position ◽  
The Law ◽  
The Right ◽  
Laws And Regulations

Restorative Justice is a settlement of criminal cases involving perpetrators, victims, families of perpetrators / victims, and other concerned parties to jointly seek a fair settlement by emphasizing restoration back to its original state, rather than retaliation. Restorative Justice actually has a strategic position as a means of defending the rights of children in conflict with the law. But the constraint is how Restorative Justice can not run efficiently if applied not in the right way. The aim of this research is to find out the synchronization / harmonization of Restorative Justice idea formulation in various laws of child in Indonesia, both current (ius constitutum) and in the future (ius constituendum). By using the Normative Juridical method in a broad sense, this research is not only limited to looking logically / systematically in the whole set of norms but also includes the philosophical, sociological, historical, and comparative background of the implementation of the idea of ??restorative justice itself. The study shows that the idea of ??Restorative Justice has been implemented in the provisions of the laws and regulations of children in Indonesia, but still shows that the application has not been maximized. In the hope of implementing Restorative Justice idea in the future, RKUHP is formulated to meet the shortcomings contained in the provisions relating to Restorative Justice ideas in the present. Restorative Justice merupakan penyelesaian perkara tindak pidana dengan melibatkan pelaku, korban, keluarga pelaku/korban, dan pihak lain yang terkait untuk bersama-sama mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula, dan bukan pembalasan. Restorative Justice sebenarnya memiliki posisi yang strategis sebagai suatu sarana dalam mempertahankan hak-hak anak yang berkonflik dengan hukum. Namun yang menjadi kendala adalah bagaimana Restorative Justice itu tidak dapat berjalan secara efisien bila diterapkan bukan dengan cara yang benar. Tujuan penelitian ini untuk mengetahui sinkronisasi/harmonisasi formulasi ide Restorative Justice di berbagai peraturan perundang-undangan anak di Indonesia, baik yang berlaku sekarang ini (ius constitutum) maupun di masa mendatang (ius constituendum). Dengan menggunakan metode Yuridis Normatif dalam arti luas, penelitian ini tidak hanya sebatas melihat secara logis sistematis dalam keseluruhan perangkat norma melainkan juga mencakup latar belakang filosofis, sosiologis, historis, komparatif, dari implementasi ide restorative justice itu sendiri. Hasil studi menunjukkan bahwa ide Restorative Justice telah terimplementasi dalam ketentuan Peraturan perundang-undangan anak di Indonesia, namun masih menunjukkan penerapan yang belum maksimal. Menjadi harapan atas penerapan ide Restorative Justice dimasa mendatang maka RKUHP diformulasikan untuk memenuhi kekurangan-kekurangan yang terdapat dalam ketentuan-ketentuan terkait ide Restorative Justice yang ada pada masa kini.

Reflections on the 50th Anniversary of the Outer Space Treaty, UNISPACE+50, and Prospects for the Future of Global Space Governance

Space Policy ◽  
2019 ◽  
Vol 47 ◽  
pp. 28-33 ◽  
Author(s):  
Peter Martinez ◽  
Peter Jankowitsch ◽  
Kai-Uwe Schrogl ◽  
Simonetta Di Pippo ◽  
Yukiko Okumura
Keyword(s):  
Outer Space ◽  
50Th Anniversary ◽  
Global Space ◽  
The Future ◽  
Outer Space Treaty

16 Maritime and Outer Space Weapons

2016 ◽  
Author(s):  
Boothby William H
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Outer Space ◽  
Law Of Armed Conflict ◽  
Outer Space Treaty ◽  
The Law ◽  
Space Weapons ◽  
The Uk

This chapter explores the law of armed conflict with regard to the weapons used in sea warfare. It addresses automatic contact mines, nuclear mines, submarines, missiles, and torpedoes. Relevant elements of the treaties of 1907, of instruments adopted in 1930 and 1936, of the writings of experts and in particular of the San Remo Manual and of the UK Manual are considered in relation to each class of weapon. A discrete section looks at weapons in outer space, noting the application of international law to outer space by virtue of article III of the Outer Space Treaty, and the important provisions of article IV of that treaty. The issues that a reviewer of an outer space weapon would need to consider are set forth in that section.

scholarly journals HIERARKI PERATURAN PERUNDANG-UNDANGAN NEGARA REPUBLIK INDONESIA SEBAGAI SUATU SISTEM

2017 ◽  
Vol 1 (2) ◽  
pp. 120-130
Author(s):  
Hasananuddin Hasan
Keyword(s):  
The State ◽  
Basic Law ◽  
Presidential Decree ◽  
The Law ◽  
The Republic ◽  
Law Making ◽  
Laws And Regulations

The State recognizes the supremacy of the constitution above all other laws and regulations, which is evident from the modification that requires a procedure that is more severe than the law-making. The 1945 Constitution of the Republic of Indonesia has been established as the basic law in the legislation and occupies the highest place in the hierarchy of Indonesian laws and regulations. Hierarchy of Regulation no. 10 of 2004 which has been amended into Law no. 12 of 2011 include the MPR Decree and the Presidential Decree which changed the word Decision to the Regulation, this complement the hierarchical suprmasi of Indonesian law as a State of law as the mandate of the Constitution.

Penyelesaian Sengketa Terhadap Aktivitas di Ruang Angkasa oleh Pihak Non-Negara (Privat)

2019 ◽  
Vol 21 (02) ◽  
pp. 59
Author(s):  
Muhammad Havez ◽  
Muhammad Insan Tarigan
Keyword(s):  
Space Flight ◽  
Dispute Settlement ◽  
Outer Space ◽  
Space Activity ◽  
The Future ◽  
The Law ◽  
Space Activities

Nowadays lots of State are interested to have access in to the outer space. Because the outer space is known to have good potensial side and the outer space activities will continues to grow. The commercialism of outer space activity grows in the scale that never happen before. At first, the outer space activity only limited to the exploration such as launch the telecommunication sattelites, however currently it is developed and possible for states to do other activities such as space mining, space flight tourism which is kind of activities that more than exploration, but it is a massive exploitation. Those kinds of activities will increase and develop, until the things that never have imagine by states before. The main point is there are many possibilities of cases that is gonna happen in the future because of the grows with the technology that will affect the outer space making of law process. It is important that the law needs to have good dispute settlement that related with outer space activities.

scholarly journals Challenges to the Prohibition on Sovereignty in Outer Space - A New Frontier for Space Governance

2021 ◽  
Vol 24 ◽  
pp. 1-50
Author(s):  
Anel Ferreira-Snyman
Keyword(s):  
Outer Space ◽  
Specific Reference ◽  
Private Companies ◽  
Legal Rules ◽  
Political Interests ◽  
New Frontier ◽  
The Usa ◽  
Role Players ◽  
Outer Space Treaty ◽  
Space Boundary

The current space arena has changed significantly since the 1950s, when outer space activities commenced. At the time of the adoption of the Outer Space Treaty (and the related General Assembly Resolutions), the outer space arena was largely dominated by the political interests of the two major space powers, the USA and the (then) USSR. Although states have remained the primary actors in regulating the use of outer space, the extent to which private companies would become involved in the exploration and use of space was not envisaged at the time of the conclusion of the space treaties. It is particularly the involvement of private space actors that complicates the traditional understanding of the prohibition on territorial sovereignty in outer space. With specific reference to the outer space boundary, the principle of the common heritage of humankind and property rights in outer space, this contribution aims to highlight some of the challenges to the prohibition of sovereignty in view of current developments in the arena of outer space. This analysis suggests that the blanket prohibition on sovereignty in outer space should be re-evaluated in order to keep up with the fast developing technological advancements in space exploration, and that clear legal rules be developed to provide legal certainty for all role players.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

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