The International Law Section of the Faculty of Law, Universitas Airlangga (FH UNAIR) and students specializing in international law FH UNAIR carried out Field Works (PKL) activities at the Abdul Rachman Saleh Air Force Base (LANUD) on Wednesday (30/11/2022). Apart from conducting visits and visits, the students also participated in the seminar “Law Enforcement and Airspace Security,” presented by Lieutenant Colonel (Lt. Col.) Sus Heru Susanto, S.H.
“The duties and functions of the Air Force, which is a Koopsud II unit, are to prepare and carry out training and operate units within its ranks, carry out the development of aerospace potential, and provide operational support for units to carry out air operations,” said Lt. Col. Sus. Heru Susanto.
Lt. Col. Sus Heru Susanto also explained the legal basis used at the air base, including the 1944 Chicago Convention, Law Number 34 of 2004 concerning the Indonesian National Armed Forces, Law Number 1 of 2009 concerning Aviation, Government Regulation Number 4 of 2018 concerning Airspace Security. The Republic of Indonesia and Regulation of the Chief of Staff of the Air Force Number 82/X/2010 dated 26 October 2010 concerning Handling of Foreign Aircraft Violations.
“The important points of the Chicago Convention include Article 1 regarding the recognition of state sovereignty over airspace above the territory which is full and intact, no regulation of the height limit of a country’s air space under it, aircraft have a nationality and the state owns it, right for innocent passage (for aircraft are unknown, commercial flights, both scheduled and not, require permission to enter other countries’ airspace, both for landing and crossing,” explained Lt. Col. Sus. Heru Susanto.
Lt. Col. Sus Heru Susanto also explained that the complete conception of state sovereignty is contained in the provisions of Article 5 of Law Number 1 of 2009 concerning Aviation, while the boundaries of its territory are stated in Law Number 43 of 2008 concerning State Territories in Article 6 paragraph (1) letter c. In addition, Article 10 of Law Number 34 of 2004 explains the duties of the Indonesian Air Force (TNI AU).
“The rest regarding threats to national defense, one of which can come from human-crewed and unmanned aerial vehicles (unmanned aerial vehicles),” said Lieutenant Colonel Sus Heru Susanto.
“In determining the territory’s status, the airspace is divided into prohibited areas, restricted areas, and danger areas. For foreign or foreign civil aircraft and Indonesian aircraft, it is regulated in Government Regulation Number 4 of 2018 concerning anything that can be considered as a violation of sovereign territory, it also regulates the obligations of foreign aircraft such as security clearance, diplomatic clearance, flight approval, and others. In essence, it can be concluded that there are still many legal loopholes in Indonesia which have resulted in the Indonesian Air Force not being able to provide maximum protection within Indonesian territory,” he continued.
Apart from the presentation of material from Lt. Col. Sus Heru Susanto, next is the presentation of material from Adhy Riadhy Arafah, S.H., LL.M. (Adv.) regarding “Legal Issues of the Indonesia – Singapore Flight Information Region (FIR) Agreement 2022”. Adhy conveyed the points of the Indonesia-Singapore FIR agreement in 2022, including namely the takeover of management by Indonesia only above 37,000 feet, Indonesia’s authority and rights over the Provision of Aviation Services (PJP) are aligned with its territorial sea boundaries, the right to get a share of the withdrawal the cost of navigation services quoted by Singapore which will be included in Non-Tax State Revenue (PNBP), the establishment of civil and military cooperation for trade traffic management where Indonesia will place its civilian and military personnel at the Singapore Air Traffic Control Center (SATCC), as well as the authority Indonesia to evaluate the navigation services provided by Singapore.