Violation of Airspace Transit Rights by U.S. Military Aircraft in Indonesia's Archipelagic Sea Lanes

Abstract

The Indonesian Archipelagic Sea Lane (ALKI) is a route for foreign ships and aircraft in Indonesian waters that can be traversed quickly and without stopping. The determination of ALKI is based on UNCLOS 1982 and the Chicago Convention 1944, which have been ratified by Indonesia. The problem arises because UNCLOS gives aircraft the right to fly freely in the area, but the Chicago Convention does not recognize the concept of free passage and affirms the country's rights to its airspace. Therefore, the formulation of the problem in this study is: What are the Forms of Violations of International Law on Air Traffic by Foreign Military Aircraft in the Airspace of the Indonesian Archipelagic Sea Lane (ALKI)? and Have Indonesian National Legal Regulations Provided Legal Certainty for the Regulation of the Sovereignty of the Indonesian Archipelagic Sea Lane (ALKI) Airspace Over the Entry of Military and Civil Aircraft? This study uses a normative legal method with a statutory approach and literature study. The conclusion of the study shows that PP No. 4 of 2018 regulates elements of violations in airspace, including sanctions and parties authorized to enforce the law against unauthorized aircraft that violate the ALKI.