Yurisdiksi Pidana Negara Peluncur Pangkalan Bulan Proyek Artemis Base Camp dan International Lunar Research Station berdasarkan Outer Space Treaty
Muhammad Rumi Yanuar, Dr. Agustina Merdekawati, S.H., LL.M.
2025 | Skripsi | ILMU HUKUM
Space exploration is entering a new era with plans for the development of permanent lunar bases by two main initiatives: ABC led by the United States and ILRS spearheaded by China and Russia. The presence of two multinational bases, located in close proximity at the lunar south pole, increases the potential for inter-crew interaction and, consequently, the risk of criminal acts occurring in an environment that lacks a clear jurisdictional legal framework. This research examines how current outer space law, particularly the OST of 1967, regulates criminal jurisdiction at these lunar bases and identifies its fundamental weaknesses.
This normative legal research uses a qualitative approach to analyze primary and secondary legal sources. The analysis shows that Article VIII of the OST, which bases jurisdiction on the state of registry of a space object, is inadequate for addressing criminal acts that occur outside the base facilities, such as during extra-vehicular activities (EVA). This legal vacuum, coupled with the absence of territorial jurisdiction due to the non-appropriation principle, has the potential to create jurisdictional conflicts among the involved states, which may claim jurisdiction based on the principles of active and passive nationality.
To address this legal gap, this study recommends legal reform through three main proposals: the implementation of the IGA model via an additional protocol or amendment to the OST provisions; the establishment of a new “Moon Treaty” modeled after the Antarctic Treaty System (ATS); and finally, the formation of a special multilateral agreement among ABC and ILRS member states. These three recommendations are then analyzed in greater depth using a pyramid diagram to assess their feasibility. Following the analysis, it has been concluded that the third recommendation, the formation of a multilateral agreement among ABC and ILRS parties is the most pragmatic and realistic option.
Kata Kunci : Yurisdiksi Pidana, Hukum Luar Angkasa, Pangkalan Bulan, Outer Space Treaty, Konflik Yurisdiksi