KEDAULATAN WILAYAH UDARA INDONESIA DALAM ASPEK HUKUM NASIONAL DAN INTERNASIONAL (Studi Kasus Pesawat Sipil Tanpa Izin dan Pesawat Tempur di Wilayah Zona Ekonomi Eksklusif Indonesia)

Abstract

This study aims to analyze the conceptions and regulations of national and international law regarding the sovereignty of airspace in Indonesia which several times threatens Indonesia's sovereignty. The incident analyzed was a civil aircraft flight without a permit on October 22, 2014 and was outside the Indonesian Archipelago Sea Route in the Sulawesi area, then there was also a fighter plane thought to belong to the United States which carried out a maneuver in the Indonesian Exclusive Economic Zone on April 6, 2021 in west of the Natuna Islands. Research in this writing uses a normative juridical research method with a conceptual approach and statutory approach (statute aptoach) which is then presented descriptively-analytically. The results of the analysis obtained are first, there is disharmony of laws and regulations related to action in airspace violations committed by foreign aircraft without permission between the Indonesian National Air Force and the Ministry of Transportation, and the non-aplication of sanctions as mandated by Law Number 1 of 2009 concerning Aviation and Government Regulation Number 14 of 2018 concerning Safeguarding the Airspace of the Republic of Indonesia, causing disparities in budgeting and implementation in maintaining territorial sovereignty in the air, secondly, the absence of both national and international legal instruments that prohibit combat aircraft activities or military activities carried out by a countries in the territory of the Indonesian Exclusive Economic Zone, so the need for the government to issue policies in the form of regulations regarding the Indonesian Exclusive Economic Zone so that there is a ban on military activities in the Indonesian Exclusive Economic Zone, both in regions of Indonesia water or air.