Analisis Perkembangan Hukum Luar Angkasa tentang Keberadaan Pesawat Komersil pada Ruang Suborbital Indonesia

Abstract

The rapid development of technology has brought significant benefits to humanity. What once was the domain of nations in launching astronauts into space has now evolved, with private companies sending tourists on suborbital commercial spacecraft. However, this technological advancement demands that legal frameworks evolve as well to address the uncertainties it may bring. The research questions posed in this thesis are: How is the spatial-interval principle applied in determining the delimitation between national airspace and outer space, What are the rights and obligations of states concerning suborbital space over a subjacent state, And what are the legal policies regarding the operation of commercial spacecraft in Indonesia's suborbital space. The method employed in this thesis is normative juridical research, which refers to legal norms and is conducted through a literature review to gather secondary data, including primary, secondary, and tertiary legal materials related to the researched issue. This study is descriptive in nature. The results of this legal research indicate that the Spatial-Interval Principle in determining the delimitation between national airspace and outer space aims to regulate the use of airspace to support civil and military aviation activities and to avoid conflicts with international law regarding the exploration and use of outer space, particularly in tourism and transportation. The rights of a subjacent state include full sovereignty over the airspace, regulation and oversight of suborbital activities, the granting of permits and licenses for the launch and operation of suborbital vehicles, and resource utilization. The obligations of a subjacent state include ensuring the safety and security of suborbital activities, complying with international regulations and conventions, protecting the environment from the negative impacts of suborbital activities, cooperating with other states and international organizations, and resolving disputes related to the use of suborbital space through internationally recognized mechanisms. The legal policies regarding the operation of commercial spacecraft in Indonesia's suborbital space are governed by various laws and regulations in accordance with international conventions such as the 1944 Chicago Convention and the regulations of the International Civil Aviation Organization (ICAO).