THE LEGAL THEORY OF SPACE SPACES, BETWEEN LEGAL INTERESTS, ECONOMY, AND MASTERY OF HIGH TECHNOLOGY

1. THE LEGAL THEORY OF SPACE SPACES, BETWEEN
LEGAL INTERESTS, ECONOMY, AND MASTERY OF HIGH
TECHNOLOGY
Disusun oleh:
1. Nugraha Pranadita
2. Imas Rosidawati, Wr.
3. Tansah Rahmatullah
Master of Law Studies Program Post-Graduate School of
Islamic University of Nusantara, Bandung, Indonesia. This
research is funded by DIPA Kopertis Region IV West Java
Banten, Ministry of Research, Technology and Higher
Education, in accordance with Letter of Agreement of
Research of Decentralized Grant Research Fiscal Year 2018
Higher Education Research Program of Higher Education
Number: 0048-B / LPPM-UIN / II / 2018.

2. Until now de jure space is positioned not within the
jurisdiction of any country. The international legal
instrument related to space is known as Corpus Juris
Spatialis consisting of five international agreements
In fact (de facto) today, space is controlled by various
parties. The mastery of various parties to space is
basically supported by two main things, namely; (a)
economic ability, and (b) high technological mastery.

3. Privilege:
The equator region where
Indonesia is located, at an
altitude of 35,800 Km, the
satellite seems to be silent, so
that it can be fully utilized.
1. Not all parts of space can be used equally for the
same purpose
2. Thus space becomes part of natural wealth that
has economic value
3. The region of space above the equator at an
altitude of 35,800 Km is a limited natural wealth
and high economic value

4. At least since 1976 countries whose geographical location
is passed by the equator line realize the potential of space
economy utilization that exists above their respective
countries. In 1976 the declaration of Bogota by Indonesia,
Colombia, Ecuador, Uganda, Zaire and Congo, which in
essence demands the sovereignty of countries in equator
territory over the geostationary orbit region. Then the
declaration of Bogota was followed up with a declaration
of Quito in 1982 which essentially contained the demand
for "Preservation Rights" and "Prior Authorization" for
countries in the equator region. As it stands today, the two
declarations are only historical records without being able
to be acted upon into something concrete

5. Based on the description above, it can be seen the gap between das sollen
and das sein, namely::
1. Countries that are geographically located in the equator region are
marginalized by international agreements that position space not in the
jurisdiction of those countries
2. These countries cannot use space as their natural wealth for the welfare
of their society
The research problem formulation is as follows
1. How the theory of space law can be used for the sake of law
enforcement, increasing economic potential and as a catalyst
for mastering high-tech countries?
2. What is the position of the theory of space law in the
association of the international community?

6. The formulation of the theory of space law requires the assistance
of exact science in its preparation through several assumptions that
must be built first, namely: (1) round earth, (2) fixed national
boundaries, (3) international sea law recognized by all countries
Based on these assumptions, the theory of space law
in principle is the application of international sea law
on wilahyah space with the help of natural science
theory, by adopting a dispute resolution mechanism
commonly used to resolve disputes related to
international marine law. Thus the theory of space law
is part of international law applied in space

7. The principle of the theory of space law is: (1) the principle of
flowing down, (2) principle of equality, (3) shadow principle, (4)
principle of real presence, (5) principle of territorial area, (6)
principle comes first, master first, (7) priority principle, and (8)
substitution principle
The formulation of the theory of space law is a
framework for regulating the use of space for the
benefit of and / or for the welfare of all humanity. The
theoretical principles of space law are about how the
theory of space law can be operationalized as a means
of law enforcement in space so that the use of space can
have economic value for mankind

8. Conclusion
1.The formulation of the theory of space law can be used for law
enforcement purposes, increasing economic potential and as a
catalyst for mastering high-tech countries if formulated or
applied by using principles that enable the law to carry out its
nature as a law
2. As its nature to provide arrangements
in the life of countries that are part of
the international community, the legal
position of the theory of space law is
as part of international law that
regulates the legal relations of the
international community in space

9. Suggestion:
1.The formulation of the legal theory of space in its nature as a
law is immediately formulated according to the rules of law
that apply in general and are based on the validity of
universally applicable laws
2. The formulation of the theory of the law of
space in its nature as a law must as far as
possible represent equilibrium between das
sollen and das sein the existence of space
for the international community