Legal Analysis and Efforts to Enforce State Sovereignty Over Airspace Violations by Unscheduled Foreign Aircraft (Case Study of Handling by the Indonesian Air Force)

Abstract

State sovereignty over airspace constitutes a complete and exclusive authority recognized under Article 1 of the Chicago Convention of 1944 and internalized into Indonesian national law through Law Number 1 of 2009 on Aviation. The increasing intensity of international air traffic and rapid advancements in aviation technology have heightened the risk of airspace violations, particularly by unscheduled foreign aircraft entering national airspace without proper authorization or deviating from approved flight plans. This study aims to analyze the juridical construction of state sovereignty over airspace and the enforcement mechanisms against violations committed by unscheduled foreign aircraft through the operational measures of the Indonesian Air Force (Tentara Nasional Indonesia Angkatan Udara/TNI AU). This research employs a normative legal research method with statutory and conceptual approaches, supported by comprehensive library research on primary, secondary, and tertiary legal materials. The findings indicate that unscheduled foreign aircraft failing to obtain diplomatic clearance, security clearance, and flight approval may be legally classified as airspace violations, which may escalate from administrative infractions to violations of state sovereignty when such actions endanger national defense and security. The enforcement of airspace sovereignty by the Indonesian Air Force is carried out through a gradual and proportional mechanism consisting of surveillance, identification, interception, escorting, and forced landing in accordance with Government Regulation Number 4 of 2018, while adhering to the principles of proportionality, aviation safety, and international standards established by the International Civil Aviation Organization.