LEGAL STATUS OF ACCIDENT INVESTIGATION RESULTS OF SPACE ACTIVITIES IN THE PROCESS OF ENFORCEMENT OF SPACE LAW ENFORCEMENT IN INDONESIA: BETWEEN PROCEDURAL JUSTICE AND SUBSTANCE JUSTICE

Investigation findings and information obtained as a consequence of investigations cannot be treated as state secrets or utilized as evidence in court. This principle, which is followed by international aviation law, has generated controversy in Indonesian law enforcement practices, particularly when it comes to criminal and civil procedural laws, which acknowledge that the findings of investigations can serve as a foundation for further inquiries to identify suspects. The study’s findings revealed that, first, the ad hoc team’s philosophical investigation of space accidents within the framework of international law aims to determine the causes of spacecraft accidents to ensure that they don’t happen again in the future within the context of the main legal goal of benefit and justice for more people (the most people with the most happiness possible). While compensation claims are based on liability and without error (strict liability), police investigations as described in Articles 95 through 100 are intended to find criminal acts in space activities. There is no functional relationship between the two processes, so the findings of police or special team investigations cannot be used as the basis for carrying out legal actions. Given the obvious differences between the team’s investigation and the police’s investigation, there must be coordination between the technical team of the ministry and the police regarding the responsibilities and functions of these two institutions, each of which has a unique position and set of legal obligations. With this knowledge, it is believed that there won’t be any criminal prosecutions brought against the crews of spacecraft, similar to those brought against pilots in situations involving aviation accidents.


INTRODUCTION
Indonesian space disaster inquiry is still a legal problem, both theoretically and practically.The idea established in Law Number 21 of 2013 concerning space has put space accident investigations based on the notion that the findings of investigations into space accidents cannot be used as evidence in court proceedings and information about the findings cannot be utilized as a state secret.International aviation law, which differs from Indonesian law enforcement procedures, upholds this premise.When dealing with Indonesian criminal procedural law and civil procedural law, which recognize that the outcomes of P-ISSN: 2303-3827, E-ISSN: 2477-815X   investigations by law enforcement can be used as a basis for conducting investigations to find suspects in the case of space accidents that occur within Indonesian jurisdiction, this problem will become a serious problem.
The major problem, namely conceptual variations in interpreting the purpose of the research or investigation, leads to variances in techniques in placing the outcomes of investigations into space operations.The investigation of aircraft accidents or space operations is positioned by the international aviation and space law regime as a tool to look into the causes of incidents to ensure that they will not happen again in the future.1While law enforcement investigations are conducted to determine if a legal occurrence includes a crime, the ultimate goal is to identify suspects for the criminal justice system.In the sphere of Indonesian aviation law enforcement, for example, in the investigation of an aircraft accident, the findings of the police probe are used as a tool to identify suspects, as they did in the Pilot Marwoto case in 2008. 2 The pilot was charged with four Articles of the Criminal Code (KUHP), namely Article 479f letters a and b, Article 479g letters b concerning aviation crimes with the threat of life imprisonment37, Article 359, and Article 360 paragraph (1) concerning negligence which result in death. 3e legal concerns surrounding the inquiry into the aforementioned activity accident influence how Indonesian law relates to aviation accidents under international law, which does not accept the findings of investigations into space activity accidents as evidence.How space accident investigation activities are handled under Indonesian law is another important factor.
Conceptual differences in investigations into accidents involving space activity could have an impact on other legal constructions, such as whether law enforcement should be involved in such investigations or if an independent government agency should be enough.Can the investigation's findings then be used as proof to determine whether a suspect exists or not?Can the investigation's findings be used as a justification for suing the nation or firm that lost money on the victims of the space aircraft crash?
Deeper and more philosophical problems are impacted by the distinction between the national and international legal frameworks used to investigate space accidents.
Justice-related philosophical issues are undoubtedly impacted by investigations into space accidents that seek to determine their causes to prevent future occurrences that are similar to them.These investigations differ from police pro Justicia investigations, which seek to identify criminal acts.While the police's investigation into the accident's causes aims to punish those responsible for the spaceship crash, the Technical Team's investigation into the spaceship accident seeks justice and benefits for the future to prevent another plane crash.

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It would be useful to first examine how Indonesian space activity accident investigations are governed legally.What is the framework for applying the findings of space accident investigations to Indonesia's efforts to enforce space law?Finding a model for applying the findings of space accident investigations to the process of enforcing space legislation in Indonesia is the second goal of this paper, which first attempts to explore and evaluate the legal framework of space activity accident investigations in Indonesia.
The normative legal research methodology was applied in this study.International space treaties, regulations governing the space industry, as well as court rulings serve as the fundamental sources for this legal research.The study's findings were then examined using a juridical-qualitative methodology."The government is obliged to investigate the causes of every serious accident and/or disaster in Space activities in the sovereign territory of the Unitary State of the Republic of Indonesia" Legislation number 21 of 2013's article 60 paragraph (1), which is the standard, mandates that the government conduct an inquiry.Not only is it a legal responsibility under national law, but also under international law, to conduct an inquiry. 4According to Article 64 paragraph (1), an official representative from the country where the space vehicle is launched, the country where the business entity for launching the space vehicle, the country where it is designed, and the country where it is manufactured can be included in the investigation as long as it does not conflict with the sovereignty or jurisdiction of the Unitary State of the Republic of Indonesia.5 The Government of the Republic of Indonesia is required to conduct an investigation, according to Article 60 paragraph (2), if a space vehicle registered on behalf of Indonesia has an accident The technical team is given additional authority to seize objects for as long as required for investigative purposes and make copies of documents or records if the objects are in the form of notes or documents, supporting the authority of the technical committee to carry out the task of looking into space accidents.
Another intriguing procedural law rule states that, if someone provides information about a space accident or other information they have obtained, directly or indirectly, they cannot be used as evidence against them in court proceedings, except for situations where they have given false testimony.According to Article 7's requirements, if someone passes up items or other information that were acquired directly or indirectly, it cannot be used against them in a criminal prosecution or a trial for monetary damages.Costs incurred by individuals brought in by the knowledgeable technical team may be reimbursed.The expert technical team is then required by Article 61 to inform the

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Institute of all advances and research findings.In addition, the institution has the option of providing the necessary parties with a report on the investigation's findings.
The requirements of Article 62 (1), which states that "investigation results cannot be used as evidence in the judicial process," are the major provisions covered in this article.Then, according to paragraph 1 of article 62, "results of investigations which are not classified as confidential information, may be made public."In this article, two primary topics are worth talking about.The first is the idea that the investigation's findings cannot be used as evidence in a court of law.The author's reference to the legal process might be referring to the civil justice system, the criminal justice system, or the administrative justice system.Second, both general and classified material was included in the findings of the technical team's inquiry from the standpoint of state secrets.
Information that is locked off and cannot be accessible by an unauthorized public, is solely kept by certain organizations or authorities, and information that is not a state secret are all examples of confidential information.
The two aforementioned difficulties will undoubtedly collide with Indonesia's procedural law system, which includes criminal, civil, and state administrative procedural laws that must also be taken into account in the context of investigation and law enforcement.Therefore, it is crucial for law enforcement officials like judges, prosecutors, police, and attorneys to comprehend how procedural law was created within the context of the aforementioned space law.

Aircraft Accident Investigation and Space Accident Investigation: A Comparison
Although it is governed in a distinct chapter, the legal framework for aviation accident investigation under the Indonesian national legal framework is created as a component of search and rescue for aircraft accidents.The investigation and follow-up investigation of aviation accidents is governed by Chapters XV and XVI, which also include regulations for aircraft accident search and rescue.
The government and municipalities are then required under the aviation law regime to be in charge of looking for and assisting every aircraft that suffers an accident on the Republic of Indonesian territory.6Principles To minimize casualties, search and rescue operations are completed swiftly, precisely, successfully, and efficiently.According to institutional law based on Article 353, the National SAR Agency is in charge of coordinating and conducting search and rescue operations on behalf of the government.
According to Article 357, the government is responsible for conducting additional investigations and investigations into the causes of every accident and a serious incident involving a civil aircraft that takes place on Indonesian territory.This follows the principle of state responsibility in the search and rescue of aircraft accidents.

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The paradigm for law enforcement established by Law Number 21 of 2008 concerning space is multipurpose.Three legal tools-civil law, administrative law, and criminal law-are used to enforce the law.Criminal sanctions adhere to civil procedural law processes, administrative sanctions adhere to administrative law, and law enforcement in the civil arena follows civil procedural law. 7 The civil law strategy is applied using a compensation strategy.The Space Operator is subject to compensation claims whose implementation is carried out in line with the rules of laws and regulations for "every Space Activities carried out by the Space Operator which due to their mistake results in a loss."

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Given the obvious differences between the team's investigation and the police's investigation, there must be coordination between the technical team of the ministry and the police regarding the responsibilities and functions of these two institutions, each of which has a unique position and set of legal obligations.With this knowledge, it is believed that there won't be any criminal prosecutions brought against the crews of spacecraft, similar to those brought against pilots in situations involving aviation accidents.
Space Accident Investigations based on Law Number 21 of 2013: Several legal problems According to Law Number 21 of 2013 Concerning Space, the legal framework created in the investigation of space accidents is developed as a component of the process of dealing with falling objects in space as well as the search and rescue of astronauts.The government is required to investigate the causes of every serious accident and/or disaster in space activities on the sovereign territory of the Unitary State of the Republic of Indonesia under the provisions of Article 60 paragraph (1) of law number 21 of 2013 regarding outer space.
P-ISSN: 2303-3827, E-ISSN: 2477-815X outside the borders of the Unitary State of the Republic of Indonesia and the country where the accident occurred does not conduct an investigation.The government establishes a group of technical experts who work together to implement the directive in Article 60 paragraph (1) and who answer to the Minister.The minister created a technical team that will be assembled on-demand (ad hoc) in the event of an Indonesian space mishap or tragedy.The expert technical team's membership at the very least includes experts in the: a. Mastery of Space technology; b.Mastery of aviation technology; c.Foreign relations; d.Nuclear; And e. Aerospace law.The goal of the technical expert team is to conduct investigations, compile final reports, and provide suggestions to avoid accidents with the same cause in the future.Related parties are expected to abide by the recommendations as a matter of law.Article 67 of the legislation grants the technical team of specialists the following powers to carry out their tasks in accident investigations:a.present a person for questioning about the investigation process; And b. instruct someone to provide specific records, pieces, or elements of space objects or other items that are important to the inquiry.According to paragraph 2 of Article 67, the technical team must notify the appropriate parties in writing before conducting an inquiry.The notification must be dated, signed by the expert technical team, and specify the location and time at which the individual is required to appear in person or provide any materials that would be useful to the inquiry.The expert technical team has the right to request testimony made either under oath or in writing.

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Absolute responsibility (strict liability) and liability based on fault (liability based on fault) are the two types of liability that serve as the foundation for the recompense integrated into the lawsuit for damages.Responsibility for losses incurred by Space Activities occurring on the surface of the earth or aircraft in flight is based on an element of error, whereas liability for losses incurred in space and/or by space vehicles among space operators is based on an element of error and is determined by the parties' agreement.Crimes covered by Article 95, Article 6, Article 97, Article 98, Article 99, and Article 100 are subject to criminal penalties.Article 96 implements the launching of the Space Vehicle which intentionally does not comply with the requirements of the provisions referred to in Article 35, resulting in losses for goods or people, is a type of administrative crime, which is actually an administrative violation that uses criminal sanctions as an instrument of law enforcement.The criminal system structure established in Article 95 does not report research results that are sensitive and can have broad implications.The criminal penalties included in these articles are a particular maximum sentence with two possible punishments: imprisonment and fines.And Van Der Linden, Tina (2021) "Autonomous Space Objects And International Space Law: Navigating The Liability Gap,"Indonesian Journal Of International Law: Vol.18 : No. 3 , Article 6. Doi: 10.17304/Ijil.Vol18.3.818Available At:https://Scholarhub.Ui.Ac.Id/Ijil/Vol18/Iss3/6. 8Dale Stephens, The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regim ,Int'l L. Stud.75 (2018) Volume 94 2018, Stockton Center For The Study Of International Law, 7Bratu, Ioana; Lodder, Arno R.;