EKSISTENSI KEDAULATAN NEGARA INDONESIA DI WILAYAH UDARANYA MENURUT HUKUM UDARA INTERNASIONAL DAN HUKUM NASIONAL (Studi Kasus Pelanggaran Wilayah Udara Indonesia oleh Pesawat Dornier 328 Amerika Serikat tahun 2013)

Abstract

Indonesian State has full and exclusive sovereignty over the airspace above the land area and over the water area which according to the law constitutes Indonesian territorial waters and is regulated in Article 1 of Law Number 4 of 2008 concerning State Territory and the regulation of State sovereignty is contained in Article 5 of Law Number 1 of 2009 concerning Aviation (hereinafter referred to as the Aviation Law), however, there are still violations of Indonesia's airspace sovereignty such as violations committed by military aircraft type Dornier 328 belonging to the United States. Formulation of the problem: (1) How do the arrangements for the 1944 Chicago Convention on Aviation regulate foreign aviation traffic entering the airspace of a country? (2) How is the regulation of violations of sovereignty by foreign aircraft in Indonesian Airspace? The research approach used is a normative approach. Data sources include primary, secondary and tertiary legal materials. Data collection techniques are document studies to collect data from journals and literature related to regulations regarding violations of sovereignty in Indonesian airspace according to the Chicago Convention and national law in Indonesia. Data analysis is in the form of qualitative analysis. The research conclusions: (1) The provisions of the 1944 Chicago Convention on Aviation regulate the traffic of foreign flights entering the airspace of a country that the 1944 Chicago Convention does not provide a definition of what is meant by state aircraft and international law gives full and exclusive sovereignty to the state to regulate flights in (2) Regulations on violation of sovereignty by foreign aircraft in Airspace have been stipulated in Law Number 1 of 2009 concerning Aviation.