Quo Vadis Regulation of Commercial Satellite Surveillance in Realizing National Digital Sovereignty

Abstract

The widespread operation of Low Earth Orbit (LEO) satellites owned by foreign private entities, particularly SpaceX's Starlink in Indonesian territory raises fundamental questions about the adequacy of the existing national legal framework. This article analyzes the regulatory gap between Law Number 21 of 2013 on Space Activities and the operational reality of foreign commercial LEO satellites that route data across Indonesian jurisdiction without adequate oversight mechanisms. Using a normative legal research method through statutory and conceptual approaches, this study finds that the 2013 Space Activities Law does not explicitly regulate the authorization, supervision, and liability mechanisms applicable to foreign private LEO satellites serving customers within Indonesia. This gap is compounded by the absence of implementing government regulations mandated by the law and the misalignment between the international space law regime, rooted in the Outer Space Treaty 196 and national digital sovereignty imperatives. This article argues that Indonesia must urgently issue technical regulations integrating the principle of authorization and continuing supervision under Article VI of the OST into national law, while simultaneously strengthening data sovereignty clauses in the context of cross-border satellite services.