Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Muhammad Yasin, Kartini L Makmur, Robert Sidauruk
Although the recent passing by the House of Representatives of the Bill on Space proceeded with little public attention, this Bill is actually an important law worthy of greater public awareness for a number of reasons. As an example, the Bill incorporates several provisions that intersect with the current criminal and civil procedural laws and modify their operation including impacts on the rights of citizens.
One such provision is Article 62 (1) that prohibits the use of the investigation results on outer space accidents being used as evidence before a court.
Tulus Abadi of the Indonesian Consumer Protection Foundation contends that Article 62 (1) is intended to protect national interests in the event of an outer space accident. Tulus asserts that there imust be a clear line to distinguish between confidential government information and public information.
“It would be expected that the Bill should include criteria as to what type of information is considered confidential,” Said Tulus.
The limitations imposed by Article 62 (1) will likely place people that suffer losses caused by space object accidents at a disadvantage. While the Bill allows victims or aggrieved parties to bring suchmatters to court, it would be an excessive burden to have to proof a case without the relevant investigation report.
Furthermore, claiming damages under the Bill also raises another difficult issue. Claims may only be brought within a year after a loss become apparent. The Bill also limits the type of damages that may be compensated to physical injuries,medical expenses and expenses for cleaning up damage to property.
In the event of an accident caused by a space object registered under the name of another country, the aggrieved party may seek assistance from the Government to file a lawsuit or seek settlement against thelaunching state.
“If the accident occurs within our territory, the Government is obliged to bring the action against the launching state on behalf of the aggravied party,” informed Tulus .
Hadi Rahmat Purnama, Lecturer for Air and Space Law at the University of Indonesia, said that international space law recognizes the absolute liability concept for damages caused by space objects that belong to another state.
“Under the concept of absolute liability, the launching state will responsible for an accident without a need to prove fault,” Hadi explained.
However, pursuant to Article 77 of the Bill, absolute liability is only applicable to accidents that occurs on the earth’s surface. For accidents that occur in outer space, the launching state will only liable if fault can be established, a concept known as fault-based liability.
(hot/kc)
Muhammad Yasin, Kartini L Makmur, Robert Sidauruk
Although the recent passing by the House of Representatives of the Bill on Space proceeded with little public attention, this Bill is actually an important law worthy of greater public awareness for a number of reasons. As an example, the Bill incorporates several provisions that intersect with the current criminal and civil procedural laws and modify their operation including impacts on the rights of citizens.
One such provision is Article 62 (1) that prohibits the use of the investigation results on outer space accidents being used as evidence before a court.
Tulus Abadi of the Indonesian Consumer Protection Foundation contends that Article 62 (1) is intended to protect national interests in the event of an outer space accident. Tulus asserts that there imust be a clear line to distinguish between confidential government information and public information.
“It would be expected that the Bill should include criteria as to what type of information is considered confidential,” Said Tulus.
The limitations imposed by Article 62 (1) will likely place people that suffer losses caused by space object accidents at a disadvantage. While the Bill allows victims or aggrieved parties to bring suchmatters to court, it would be an excessive burden to have to proof a case without the relevant investigation report.
Furthermore, claiming damages under the Bill also raises another difficult issue. Claims may only be brought within a year after a loss become apparent. The Bill also limits the type of damages that may be compensated to physical injuries,medical expenses and expenses for cleaning up damage to property.
In the event of an accident caused by a space object registered under the name of another country, the aggrieved party may seek assistance from the Government to file a lawsuit or seek settlement against thelaunching state.
“If the accident occurs within our territory, the Government is obliged to bring the action against the launching state on behalf of the aggravied party,” informed Tulus .
Hadi Rahmat Purnama, Lecturer for Air and Space Law at the University of Indonesia, said that international space law recognizes the absolute liability concept for damages caused by space objects that belong to another state.
“Under the concept of absolute liability, the launching state will responsible for an accident without a need to prove fault,” Hadi explained.
However, pursuant to Article 77 of the Bill, absolute liability is only applicable to accidents that occurs on the earth’s surface. For accidents that occur in outer space, the launching state will only liable if fault can be established, a concept known as fault-based liability.
(hot/kc)