A nation’s sovereignty does not only encompass its land and sea territories but also its airspace. As a sovereign country, Indonesia has full and exclusive rights over the airspace above its territorial boundaries. Air sovereignty is not merely an administrative right but a crucial aspect of maintaining the integrity and dignity of a nation. History has shown that control over airspace plays a significant role in warfare and international diplomacy. For instance, during World War II, the United States penetrated Japan’s sovereign airspace and dropped bombs on Hiroshima and Nagasaki. This event led to Japan’s surrender, which eventually contributed to Indonesia’s independence in 1945.
Definition and Principles of Air Sovereignty
Air sovereignty refers to a country’s exclusive right to control, utilize, and enforce laws within its airspace. According to aviation and space law experts such as Prof. Priyatna Abdurrasjid and Prof. Pablo Mendes de Leon, a sovereign nation possesses three fundamental rights over its airspace:
- Control of the Air – The right to regulate who may enter and utilize national airspace.
- Use of Airspace – The exclusive right to exploit airspace for economic, defense, and civil aviation purposes.
- Law Enforcement – The right to enforce laws within national airspace according to applicable regulations.
The legal foundation affirming a country’s air sovereignty is enshrined in the 1944 Chicago Convention. This convention explicitly states that a nation’s sovereignty over its airspace is complete and exclusive. In other words, no other country may control or regulate a nation’s airspace without official authorization from the respective state.
The Importance of Air Sovereignty in National Defense and Security
In terms of defense, air sovereignty serves as a nation’s first line of protection against external threats. Without full control over its airspace, a country becomes vulnerable to sovereignty violations by foreign military aircraft, aerial espionage, and external attacks. Advanced nations such as the United States, Russia, and China recognize the strategic importance of airspace control in maintaining their national security. This is reflected in their significant investments in air defense systems, including sophisticated radar technologies, fighter jets, and anti-air missile systems.
As a vast archipelagic country, Indonesia faces significant challenges in monitoring its entire airspace. Strengthening air defense systems is therefore a priority in safeguarding national sovereignty. A concrete example of air sovereignty violations occurred when foreign aircraft illegally entered Indonesian airspace without permission. In such cases, a nation’s inability to monitor and enforce laws within its own airspace can lead to various risks, including threats to national security.
Economic Aspects and Civil Aviation
Beyond defense, airspace also holds substantial economic value. International flight routes passing through a country’s airspace can generate revenue through overflight fees. If a country does not have full control over its airspace, other nations may exploit it without providing economic benefits to the rightful sovereign state.
Indonesia occupies a strategic geographic position as a bridge between Asia and Australia and between the Indian and Pacific Oceans. Therefore, the management of national airspace is crucial in maintaining economic sovereignty. Currently, part of Indonesia’s airspace around the Riau Islands is still managed by Singapore under a legacy from the colonial era. This colonial-era arrangement, which effectively drains national wealth, was reaffirmed in the 2022 cooperation agreement between Indonesia and Singapore. Although airspace management can be delegated to another country under certain conditions, sovereignty must remain firmly in Indonesia’s hands. This is in line with Law No. 1 of 2009 on Aviation, which states that the delegation of Indonesia’s airspace management to foreign entities must end 15 years after 2009.
Legal and Diplomatic Implications
From an international legal perspective, every country has the right to regulate and manage its airspace. The delegation of airspace management to another country must be handled with extreme caution to ensure that it does not compromise sovereignty. If a nation allows another country to exercise significant control over its airspace, it may, de facto, lose its sovereignty over that territory.
Furthermore, in the realm of diplomacy, a country that effectively controls its airspace holds a stronger bargaining position in bilateral and multilateral negotiations. A nation that fails to protect its airspace sovereignty is more susceptible to external pressures in both economic and defense matters.
Conclusion
Air sovereignty is an integral part of national sovereignty that cannot be compromised. Control over airspace is not only critical in defense and security but also has significant economic and diplomatic implications. Understanding the importance of air sovereignty, Indonesia must continue to strengthen its air defense systems, clarify regulations regarding airspace management, and ensure that national aviation policies prioritize national interests. Moving forward, the strategic management of airspace must be a national priority to ensure Indonesia remains fully sovereign in its airspace, as mandated by both international and national law.
Additionally, it is crucial to note that in Indonesian airspace delegated to foreign entities, the Indonesian Air Force does not have the authority to conduct aerial operations such as air patrols and security missions to protect national security. In reality, unauthorized flights frequently occur over the Malacca Strait, further proving that full control over national airspace is essential for Indonesia’s sovereignty and security.
Jakarta, March 12, 2025
Chappy Hakim – Indonesia Center for Air Power Studies.
