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
Keywords:Accident Investigation, Justice, Spaceship
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.
Bratu, Ioana; Lodder, Arno R.; 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.Vol18.3.818. Available At: Https://Scholarhub.Ui.Ac.Id/Ijil/Vol18/Iss3/6
C. O. Miller, Aviation Accident Investigation: Functional and Legal Perspectives, 46 J. Air L. & Com. 237 (1981) Https://Scholar.Smu.Edu/Jalc/Vol46/Iss2/2/?Utm_Source=Scholar.Smu.Edu%2fjalc%2fvol46%2fiss2%2f2&Utm_Medium=Pdf&Utm_Campaign=Pdfcoverpages
Caley Albert, Liability in International Law and The Ramifications on Commercial Space Launches And Space Tourism, 36 Loy. L.A. Int’l & Comp. L. Rev. 233 (2014). Available At: Https://Digitalcommons.Lmu.Edu/Ilr/Vol36/Iss2/2
Dale 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,
Eko Poerwanto, Uyuunul Mauidzoh, Analisis Kecelakaan Penerbangan Di Indonesia
Latipulhayat, Atip. “The Function And Purpose Of Aircraft Accident Investigation According To The International Air Law.” Jurnal Mimbar Hukum, Vol. 27, No. 2, 2015.
Martin Alan Rothblatt, International Liability Of The United States For Space Shuttle Operations, Https://Core.Ac.Uk/Download/Pdf/216912555.Pdf
Michael Milde, Aircraft Accident Investigation In International Law, Air And Space LawVolume 9, Issue 1 (1984) Pp. 61 – 65, Ttps://Kluwerlawonline.Com/Journalarticle/Air+And+Space+Law/9.1/Aila1984013
Neni Ruhaeni Dan Iman Sunendar, Tanggung Jawab Pilot Dalam Kecelakaan Pengangkutan Udara Menurut Perspektif Hukum Pengangkutan Udara Dan Hukum Pidana, Prosiding Snapp2010 Edisi Sosial Issn: 2089-3590, Pg.
Untuk Peningkatan Keselamatan Penerbangan, Jurnal Angkasa , Volume Viii, Nomor 2, November 2016, Pg. 14.
Yu Takeuchi, Legal Aspects Of International Regime For Space Traffic Management, A Thesis Submitted To Mcgill University In Partial Fulfillment Of The Requirements Of The Degree Of Master Of Law, October 2014 Pg. 6
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