Legal Challenges of The Operation of LEO Satellite Mega Constellation in Indonesia

Abstract

The Low Earth Orbit (LEO) satellite constellation technology is rapidly advancing. Tens of thousands of LEO satellites orbit the globe from large mega constellations such as OneWeb, SpaceX StarLink (USA), LeoSat (USA), Kuiper (an Amazon subsidiary USA), TeleSat (Canada), and LeoSat (USA). Starlink is the largest mega constellation with the highest number of satellites and the largest coverage which is needed in Indonesia's unserved rural areas. However, Starlink's operation not only disrupts conventional telecommunications businesses in Indonesia but also causes legal uncertainty. Starlink must obtain permits for network operation, telecommunications services, NAP (Network Access Provider), ISP (Internet Service Provider) licensing, as well as permits for electronic system and transaction operations. There are still no specific rules for its radio station permits, and the provisions for determining the Frequency Usage Fee for satellite clusters remain unclear. This research employs a juridical-normative method, wherein provisions in the legislation will be explained and connected with the rapidly evolving satellite and digital technology. This encompasses regulations, viewpoints, legal doctrines, and related legal systems. The findings indicate that advanced LEO satellite mega constellation technology can be highly beneficial for progressively providing high-speed internet access in remote areas if supported by laws and regulations that are adaptive to new technological innovations. Thus, a legal and legislative transformation is required to facilitate the rapid and massive provision of digital telecommunication networks to remote areas, ensuring fairness while upholding the nation's legal sovereignty.