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Why national airspace management law is pressing for Indonesia
In recent years, there have been numerous national airspace violations, especially by foreign state aircraft.
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Awesome airmen: The Indonesian Air Force’s Jupiter Aerobatic Team, flying South Korea’s KAI KT-1 Woongbi single engine turboprop plane, perform a maneuver during an exercise on Aug. 10, 2024 prior to landing at Sultan Haji Muhammad Sulaiman International Airport in Balikpapan, East Kalimantan. (Antara/M. Risyal Hidayat)
I
t is unfortunate that the current House of Representatives is almost certain to be unable to deliberate and pass the national airspace management bill into law, despite the strategic importance of the legislation for Indonesia.
With their term ending in two weeks, the lawmakers have been preoccupied by other draft laws that are believed to facilitate a smooth transition from the current administration to the incoming one.
Proposed by the Defense Ministry, the national airspace management bill was drafted to establish a comprehensive regulation on national airspace management. We can only hope that the new House members will prioritize the deliberation of the bill after their inauguration on Oct. 1.
For one, the draft law on national airspace management raises the United Nations Convention on the Law of the Sea (UNCLOS) 1982 and the Indonesian Archipelagic Sea Lanes (ALKI) issue all at once. It aims to address the grey area of foreign military or state aircraft rights. Given the escalating tensions in the South China Sea, the number of such flights in ALKI will potentially increase, which is why we urgently need such legislation.
Although UNCLOS is called the “Law of the Sea”, it also covers airspace and the operation of aircraft, as stated in official UN documents. UNCLOS defines volumes of airspace that are sovereign and international. It rules where States may make laws and where states may not make universal laws.
One of the primary motivations for the draft law is to address the lack of clear regulations with firm sanctions on national airspace management. This situation has left Indonesia vulnerable to foreign state aircraft violations. Indonesia’s strategic location makes it a key transit route for both civil and state aircraft.
In recent years, there have been numerous national airspace violations, especially by foreign state aircraft. Not only do they infringe on sovereignty, but such breaches also pose serious risks to national defense and aviation security.
