Air and Space Law Commons^™

Haruskan Debitur Mengatakan "Ya"? Menyoal Persetujuan Debitur Dalam Pengalihan Piutang Oleh Bank, Ihsanuddin Nursyie

Jurnal Hukum & Pembangunan

Financial Services Authority Regulation No. 26 of 2024 concerning the Expansion of Banking Business Activities requires the inclusion of an assignment of receivables clause in credit agreements and, where such a clause is not provided, requires the debtor’s consent before the assignment is carried out. This article analyzes the appropriateness of debtor consent as a protection instrument in the assignment of receivables through cessie. This research employs a doctrinal legal method by analyzing legislation, legal doctrines, and relevant literature. The findings indicate that debtor consent is not an inherent requirement of cessie, while the risks to debtor protection are more …

Mengenal Hcch 1970 Taking Evidence Abroad Convention, Priskila Pratita Penasthika

Jurnal Hukum & Pembangunan

Since mid-2023, the Supreme Court of the Republic of Indonesia has prioritised the strengthening and harmonisation of Indonesian civil procedural law to better align with international practices and standards. This initiative seeks to enhance the competitiveness of Indonesian judicial institutions in resolving commercial disputes through acceding to relevant private international law instruments. The HCCH 1970 Evidence Convention is among the key private international law instruments identified by the Supreme Court as a priority for Indonesia's accession. Nonetheless, academic literature in the Indonesian language on private international law instruments, particularly those issued by the Hague Conference on Private International Law (HCCH), …

Dari Penafsiran Ke Konstruksi Konstitusi: Evolusi Putusan Mahkamah Konstitusi Tentang Keserentakan Pemilihan Umum, Khairul Fahmi, Desip Trinanda

Jurnal Hukum & Pembangunan

Abstract

The Constitutional Court's decisions regarding election simultaneity demonstrate a highly progressive development in constitutional reasoning. The Constitutional Court has issued at least three decisions related to the election simultaneity model: Decision Number 14/PUU-XI/2013, Decision Number 55/PUU-XVII/2019, and Decision Number 135/PUU-XXII/2024. So far, studies of these decisions have tended to be placed within the framework of constitutional interpretation. However, the Constitutional Court's stance in Decision Number 135/PUU-XXII/2024 goes beyond merely interpreting the constitution to also construct a constitutional provision on election simultaneity by separating national and local elections. Therefore, the focus of this article is the shift in the Constitutional …

Guardians In Orbit: Legal Justifications And Limits Of Defensive Satellite Operations, Yurika Ishii

International Law Studies

The deployment of “bodyguard satellites”—spacecraft designed to autonomously detect and counter hostile space objects—has moved from classified capability development to explicit national security policy across a growing number of States. This article examines the circumstances under which interference with another State’s satellite may be legally justified under international law, analyzing several possible grounds: self-defense under Article 51 of the UN Charter, forcible countermeasures, non-forcible countermeasures, and necessity. Drawing on a survey of national space defense policies, jurisprudence of the International Court of Justice, and the law of State responsibility, the article reaches two principal conclusions. First, across all justificatory frameworks, …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Commercial Space Mining: From Competitive Secrecy To Transparency, Sustainability, And Governance Challenges In The New Race For Extraterrestrial Resources, Frányerson R. López Ochoa

Discovery Day - Daytona Beach

Commercial space mining is becoming integral to the space economy, driven by the need for resources such as water, metals, and platinum-group metals (PGMs) from asteroids and the Moon. It should be noted that these resources have the potential to support long-duration space missions through in-situ resource utilization (ISRU) and Earth-based economic activities. Companies such as AstroForge and TransAstra are leading this transition, from government-led exploration to commercial activity. The paper examines the environmental, technological, and legal implications of asteroid mining, using these companies as case studies. While AstroForge has progressed to in-space demonstrations with its Odin spacecraft in 2025 …

Recommendations For An International Regulatory Regime For Commercial Space, Margaret O'Brien

Discovery Day - Daytona Beach

The rapid advancement of space technologies in both governmental and private sectors presents a significant challenge for existing space law frameworks. Emerging activities such as space mining are gaining international attention, yet lawmakers struggle to craft regulations for an industry that is still in development. Innovators and investors often hesitate to assume risk in the absence of clear international guidelines. This research explores the complex legal and policy considerations surrounding space resource utilization, including the lack of consensus with existing treaties, the unpredictability of potential hazards, and the widening technological gap between industrialized and developing nations. Historical frameworks, such as …

Smart Contracts And Contractual Interpretation, Abhinav Ravi

Indian Journal of Law and Technology

This essay examines the challenges that smart contracts pose for contractual interpretation. While smart contracts are often viewed as unambiguous because they operate through deterministic computer code, disputes may nevertheless arise where the outcome produced by the code diverges from the parties’ understanding of their agreement. The essay argues that these disputes are not adequately addressed by treating code as a definitive expression of contractual intention or by adopting the ‘reasonable coder’ standard proposed by the United Kingdom (‘UK’) Law Commission. The reasonable coder standard is theoretically incoherent because it lacks alignment, generality, and reviewability and therefore cannot perform the …

Pengabaian Hak Cipta Musik Dalam Pelatihan Algoritma Artificial Intelligence: Analisis Penggandaan Karya Dan Implikasi Hak Moral Pencipta, Adi Jaya, Reni B. Setianingrum

Jurnal Hukum & Pembangunan

The development of Artificial Intelligence in the music industry raises new legal challenges within copyright law, particulary regarding the use of copyrighted musical works as training data for AI algorithms, AI training processes typically involve digital reproduction, dataset storage, and musical pattern extraction, often conducted without consent or attribution, thereby posing risks to the protection of authors moral rights. This article examines whether AI training activities ca be legally classified as reproduction under Indonesia’s Copyright Law (Law No. 28 of 2014) and analyzes their implications for the protection of moral rights. Using a normative legal research method with statutory, conceptual, …

Kedudukan Hukum Perjanjian Jual Beli Tanah Ulayat Dalam Sistem Hukum Perdata Indonesia, Yeni Oktafia

Jurnal Hukum & Pembangunan

Under Article 1457 of the Indonesian Civil Code, a sale and purchase agreement creates reciprocal rights and obligations between the parties. In Indonesian land law practice, however, transactions involving customary land (tanah ulayat) present legal complexities due to its communal nature and governance by indigenous law communities, coupled with the absence of explicit regulation in the Civil Code and the plurality of customary law systems. This research examines the legal position and juridical implications of tanah ulayat sale and purchase agreements within Indonesian civil law while acknowledging the continued applicability of customary law. Employing a normative legal research method with …

An Evaluation Of The “Police Response To Uncrewed Aircraft Systems Operations” Online Training Program, Anthony Galante, Leila Halawi

Publications

This study evaluates the impact of the “Police Response to Uncrewed Aircraft Systems Operations” online training program of officers from the Daytona Beach Police Department (DBPD). By measuring the effectiveness of the training through pretest and posttest assessments and considering variables such as educational background, length of service, and rank, this research underscores the training’s potential to enhance UAS response capabilities. Employing a self-selection sampling method, the study engaged 82 voluntary participants from the DBPD, revealing significant improvement across all groups in UAS knowledge and confidence levels. Despite limitations, these findings offer compelling evidence of the training’s efficacy and advocate …

Courts, Science, And The Problem Of Accountable Knowledge: A Review Of Judicial Policy Making, Empirical Data And Scientific Evidence: Can Courts Manage The Twenty-First Century?, Rishabh Kachroo

Indian Journal of Law and Technology

This review reads Rob van Gestel, Jurgen de Poorter, and Edward L. Rubin’s edited volume titled Judicial Policy Making, Empirical Data and Scientific Evidence: Can Courts Manage the Twenty-First Century? as a timely intervention into the evidentiary and institutional demands placed on contemporary courts. It argues that the volume’s key contribution lies in treating courts as knowledge institutions and its strongest suit lies in showing the limits of judicial intuition, anecdote, and inherited legal categories in dealing with such disputes. While the volume is left wanting in its account of knowledge accountability, it would nonetheless be important for scholars of …

State Policy And Regulatory Approaches To Sustainable Aviation Fuel Across The United States, Somtochukwu Attamah, Mary Johnson, Lara Fowler, Michael D. Helbing

Faculty Scholarship

Sustainable Aviation Fuel (SAF) represents a critical lever for achieving near-term decarbonization of the aviation industry. SAF can be manufactured for “drop-in” use in existing aircraft and fueling systems, allowing manufacturers to achieve lifecycle greenhouse gas (GHG) savings relative to standard jet fuel. However, U.S. policy is still disjointed: federal incentives are accompanied by diffuse state efforts, which means uneven market-based feedback and investment risk. After outlining the federal policy context, this Article conducts a comparative analysis of SAF-related policy frameworks across the fifty states. This includes a variety of government solutions offered in the form of enacted and proposed …

Colliding Interests: Solving The Space Debris Crisis Through Us-China Cooperation, Grace E. Mannion

Brooklyn Journal of International Law

As human activity in outer space accelerates, the accumulation of space debris in Low Earth Orbit (LEO) presents an increasingly urgent threat to global infrastructure, economic stability, and the future of space exploration. This Note examines the regulatory and geopolitical challenges underlying the space debris crisis, with particular attention to the fragmented nature of existing international legal frameworks. Current regimes, including the Outer Space Treaty and the Liability Convention, establish broad principles of cooperation and liability but fail to meaningfully address the rapid growth of orbital debris driven by both state and commercial actors. Focusing on the United States and …

Can Technology Augment Order Writing Capacity At Regulators?, Natasha Aggarwal, Amrutha Desikan, Bhavin Patel, Satyavrat Bondre, Dipyaman Sanyal

Indian Journal of Law and Technology

This article critically examines the opportunities and challenges of using technology, in particular Large Language Models (‘LLMs’), to assist regulatory order writing in quasi-judicial settings in India. It proposes augmenting rather than replacing human decision-makers, aiming to improve regulatory order writing practice through responsible use of LLMs. This article identifies the core principles of administrative law that must be upheld in these settings and analyses how inherent limitations of LLMs may undermine these principles. The article reviews international frameworks and case studies from various jurisdictions, highlighting common design principles. It proposes a comprehensive Problem-Solution-Evaluation ('PSE') framework for responsibly integrating LLMs …