SAMI Law Review

Urgensi Pembentukan Undang-Undang Pengelolaan Ruang Udara Nasional Sebagai Respons atas Kekosongan Hukum Strategis dalam Zona Nearspace Indonesia

Tegar Raffi Putra Jumantoro — 2025-09-24

The management of national airspace, including the nearspace zone, is a strategic issue that is becoming increasingly urgent with advances in aviation and space technology. Indonesia does not yet have a National Airspace Management Law (UU PRUN) that explicitly defines vertical boundaries and the use of nearspace, creating a legal vacuum that weakens the country's sovereignty. This study aims to analyze the urgency of establishing the UU PRUN to fill the strategic legal vacuum in nearspace management, while also examining relevant regulatory models from international practices. The method used is normative juridical research with a legislative, conceptual, and comparative approach through a literature study of primary and secondary legal sources. The results of the study show that the legal vacuum has an impact on the ambiguity of sovereignty boundaries, weak institutional coordination, and low effectiveness of strategic oversight. A comparison with Australia, the United States, and other countries shows that a hybrid model, namely a combination of wide-area technology surveillance and integrated standardized air traffic management, is the most relevant option. In conclusion, the enactment of the PRUN Law is urgent to ensure integrated, sovereign, and adaptive management of national airspace in response to global dynamics.

Transportasi Lintas Batas Karbon Dioksida melalui Kapal untuk Penyimpanan: Tinjauan UNCLOS di Indonesia

Asyraf Fawwaz — 2025-09-24

Carbon dioxide is a major contributor to greenhouse gas emissions that drive global climate change. Carbon capture and storage (CCS) has emerged as a key mitigation strategy, and transboundary transportation by sea is increasingly considered due to limited storage capacity in some countries. This study applies a legal method with an analytical approach to the international legal framework under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It examines the jurisdiction of coastal and flag states, as well as marine environmental protection provisions relevant to transboundary transportation of carbon dioxide for storage. Findings show that Indonesia can become a regional carbon storage site. Although UNCLOS does not explicitly regulate transboundary carbon dioxide for storage, it provides jurisdictional bases and environmental protection obligations applicable to transboundary CCS projects. The Convention also affirms sovereign rights of coastal and flag states, including exclusive rights to infrastructure development in the EEZ for economic purposes such as carbon storage. Foreign vessels retain freedom of navigation provided activities do not harm other states in violation of UNCLOS. Effective implementation of transboundary CCS in Indonesia therefore requires international agreements and cooperation to ensure legal certainty and environmental safety.

Analisis Penerapan Asas Meaningfulll Participation dalam Pembentukan Peraturan Perundang-Undangan Studi Perbandingan Indonesia dan Swedia

Monika Monika — 2025-09-25

This study discusses the implementation of the principle of meaningfull participation in the legislative process in Indonesia and Sweden. The main objective is to analyze the extent to which public participation is substantially applied in the legislative process in both countries, as well as to identify best practices that Indonesia can adopt to strengthen democracy and legal transparency. This research uses a qualitative approach with juridical-normative methods and comparative study. The results show that Indonesia already has a legal framework supporting public participation, but its implementation tends to be formalistic and has not yet reached the true meaning of community involvement. On the other hand, Sweden demonstrates an inclusive and substantial application of public participation, even involving vulnerable groups such as children in the legislative process. This study concludes that Indonesia needs to strengthen participatory mechanisms that are not only procedural but also substantial. Lessons from Sweden’s legislative practices can serve as important references for Indonesia in building a more democratic, inclusive, and responsive legal system to societal aspirations.

Kualifisir Penarikan Cek Kosong sebagai Penipuan Prespektif Hukum Pidana dan Perdata

Amellya Fatikhah — 2025-09-25

Legal uncertainty (legal gap) arises regarding the qualification of issuing a dishonored cheque—whether it constitutes a breach of contract under civil law or can be classified as a criminal act of fraud under criminal law. Pursuant to Articles 1243 and 1365 of the Indonesian Civil Code (KUHPerdata), the issuance of a dishonored cheque may be considered either a breach of contract or an unlawful act (tort), while Article 378 of the Indonesian Penal Code (KUHP) stipulates that issuing a dishonored cheque involving deceitful conduct may be prosecuted as fraud. This is also reflected in Supreme Court jurisprudence, such as Decision No. 133K/Kr/1973 and Decision No. 1036K/Pid/1989, which illustrate divergent applications of the law. The absence of specific legal norms governing dishonored cheques has led to differing interpretations among law enforcement authorities, thereby creating legal uncertainty, potentially violating the ultimum remedium principle, and causing harm to both the issuer and the holder of the cheque. This research employs normative legal methods using statutory and conceptual approaches. It concludes that cases involving dishonored cheques are more appropriately resolved through civil proceedings as a breach of contract, whereas criminal law should only be applied where there is clear evidence of malicious intent (mens rea) on the part of the issuer. The study recommends the formulation of specific regulations to clarify the legal qualification of dishonored cheques and to ensure legal certainty.

Legal Standing Bank Indonesia Sebagai Pemohon Pailit

Fanny Adiva Nuari — 2025-09-25

Bank Indonesia's authority as a bankruptcy petitioner is regulated in Article 2 paragraph (3) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which states that only Bank Indonesia has the right to file for bankruptcy against debtors that have the status of a bank. Although it does not act as a direct creditor, this role is carried out in order to protect the public interest and the stability of the financial system and the national economy, with a valid and strong legal basis. This authority is administrative in nature, but reflects a broad responsibility to maintain confidence in the banking system. Although it has been criticized for limiting the rights of other creditors, the existence of this regulation demonstrates the need for evaluation and potential legal reform to create a balance between protecting the public interest and fairness for creditors. This study uses normative research with several approaches, namely the legislative approach and the conceptual approach. The results of this study indicate that Bank Indonesia can use its authority as a bankruptcy petitioner if the specified terms and conditions can be fulfilled.