Analisis Yuridis terhadap Pelanggaran Hak Lintas Ruang Udara Pesawat Militer Amerika Serikat (As) di Alur Laut Kepulauan Indonesia (ALKI))

Abstract

The Indonesian Archipelagic Sea Lanes (ALKI) are sea lanes within Indonesia's waters that may be traversed continuously, expeditiously, and without delay by foreign ships and aircraft, as stipulated under the 1944 Chicago Convention and the 1982 United Nations Convention on the Law of the Sea (UNCLOS), both of which have been ratified by Indonesia through Law No. 17 of 1985. The issue arises from the fact that UNCLOS 1982 grants freedom of overflight for aircraft over these areas, while the 1944 Chicago Convention does not recognize such freedom, as a state's sovereignty over its airspace is absolute and exclusive.

The research problems addressed in this study are: 1) What are the criteria for international legal violations of air overflight by foreign military aircraft within the airspace over the Indonesian Archipelagic Sea Lanes (ALKI)?. 2) To what extent do Indonesian national legal regulations provide legal certainty in governing the sovereignty of airspace over the ALKI concerning the entry of military and civilian aircraft?. 3) What legal measures should the Indonesian government take in response to airspace and ALKI violations by US military aircraft?.

The method employed in this study is normative juridical legal research using a statutory and literature approach. The findings of the study conclude that airspace sovereignty is specifically regulated, including the elements of violation, applicable sanctions, and the authorized institutions to enforce the law in the event of a violation by unauthorized aircraft over the ALKI.