The Obligations and Rights to Obtain Compensation as a Result of the Space Objects Discovery

Abstrak

Indonesia, as a nation where foreign space objects are discovered, holds the
right to seek compensation, thereby addressing the country's claims to
reinstate pre-damage conditions. Under international regulations, any
country launching objects into outer space from its territory or launch
facilities assumes responsibility for damages incurred in other nations. This
research employs a qualitative legal research methodology, employing both
statutory and conceptual approaches. The statutory method scrutinizes laws
pertinent to the identified legal concerns. The primary sources encompass the
1967 Treaty on the Principles Governing State Activities in Space
Exploration and Utilization, including the Moon and Celestial Bodies, and
Indonesia's Law Number 16 of 2002, Gazette Number 34 of 2002,
Supplement State Gazette No. 4195. The study's findings highlight that the
1968 Rescue Agreement broadened a state's obligations concerning astronaut
rescue, recovery, and repatriation, extending these responsibilities to
encompass the return of space objects for exploration purposes. The
repatriation of foreign space objects mandates compensation for any damage
resulting from the descent of celestial bodies. Therefore, Indonesia, under
international legal frameworks, can pursue restitution for damages caused by
space objects from other nations, ensuring accountability and restoration of
affected conditions.