Abstract
The 2022 agreement between Indonesia and Singapore, which delegates control of the airspace above the Riau and Natuna Archipelagos to Singaporean aviation authorities, raises significant concerns over the violation of national sovereignty. This article examines the multiple dimensions of the agreement, including breaches of Indonesian Aviation Law, the irrelevance of technical incapacity arguments, and the strategic-economic implications of delegated airspace. By employing international air law frameworks and sovereignty theories from experts such as Prof. Priyatna Abdurrasjid, Prof. Pablo Mendes de Leon, Prof. Atip Latipulhayat, and Prof. Syaifullah, this paper asserts that the agreement not only harms national interests but fundamentally contravenes the principle of complete, exclusive, and inviolable air sovereignty.
Keywords: Air sovereignty, FIR, Indonesia-Singapore, international air law, national strategy.
Introduction
Air sovereignty is a foundational principle of international law. Article 1 of the 1944 Chicago Convention explicitly states: “Every state has complete and exclusive sovereignty over the airspace above its territory.” In Indonesia, this principle is reinforced by Law No. 1 of 2009 on Aviation, specifically Article 458, mandating that the state must exercise full control over its entire national airspace.
However, under the 2022 agreement, the Government of Indonesia delegated management of the airspace over the Riau and Natuna islands to Singaporean authorities up to 37,000 feet for 25 years, with potential extensions. This decision invites critical scrutiny from legal, political, and sovereignty perspectives.
National Legal Framework
The delegation of airspace management blatantly violates Article 458 of Law No. 1/2009, which obliges the government to achieve full control over national airspace by 2024 at the latest. Granting another nation operational control for 25 years, with a renewal clause, constitutes a dereliction of this statutory mandate.
The Myth of Indonesia’s Incompetence
Claims of Indonesia’s inability to manage its airspace are refuted by the ICAO Universal Safety Oversight Audit Programme (USOAP) results, which place Indonesia’s civil aviation safety performance, including that of AirNav Indonesia, above the global average. These findings confirm Indonesia’s technical capability to independently manage its own airspace.
Traffic Density Misconceptions
The argument citing high air traffic density is equally flawed. Malaysia, with even denser air traffic, manages its national airspace without resorting to foreign delegation.
Excessive Transition Duration
A 25-year transitional period is grossly disproportionate. In comparison, Cambodia reclaimed its Phnom Penh FIR from Thailand in just two years through a direct government-to-government process.
Critique of Transactional Logic
The bundling of the FIR agreement with extradition treaties and the Defence Cooperation Agreement (MTA) suggests a transactional approach that weakens Indonesia’s bargaining position and compromises the principle of sovereignty.
Colonial Legacy of FIR
The FIR currently managed by Singapore is a remnant of British colonial arrangements. Similarly, Dutch colonialism influenced early Indonesian airspace management. Continuing such arrangements today perpetuates a colonial legacy incompatible with modern sovereign principles.
Strategic and Economic Implications
The airspace over the Riau and Natuna regions constitutes a strategic frontier critical for national defense and economic interests, particularly in terms of air traffic control (ATC) charges. Delegating control undermines Indonesia’s ability to exercise the three essential elements of sovereignty identified by scholars: control of the air, use of airspace, and law enforcement.
International Aviation Safety: Lessons from 9/11
The 9/11 terrorist attacks in the United States starkly demonstrated the necessity of full national control over airspace for both civil safety and national security. Post-9/11 reforms integrated civil and military air traffic management systems in the U.S. to strengthen airspace defense.
Perception of National Insecurity
Delegating airspace control to Singapore projects an image of Indonesia’s lack of self-confidence in managing its own sovereign domain. This perception diminishes national dignity and erodes Indonesia’s international standing.
Respect for Sovereignty
Rather than adopting a conciliatory stance, Indonesia is entitled to demand full respect for its sovereign rights. In the modern era, grounded in principles of mutual respect and mutual understanding among nations, colonial-style exploitation must be unequivocally rejected.
Conclusion
The delegation of Indonesian airspace to Singapore stands in clear violation of both national and international legal norms concerning air sovereignty. The technical justifications provided are unconvincing, while the strategic consequences are decidedly detrimental to Indonesia.
As David Ben-Gurion aptly noted: “A high standard of living, cultural development, economic growth, and economic independence are impossible without full control of the air.” Full and exclusive sovereignty over national airspace remains a non-negotiable prerequisite for Indonesia’s true independence and national dignity.
References
- Chicago Convention on International Civil Aviation, 1944, Article 1.
- Republic of Indonesia Law No. 1/2009 on Aviation, Article 458.
- ICAO USOAP Audit Results 2022, Aviation Safety Oversight Report on Indonesia.
- Malaysian Civil Aviation Authority Traffic Data Report, 2022.
- ICAO Report on the Phnom Penh FIR Transition from Thailand to Cambodia, 2001.
- Chappy Hakim, Air Sovereignty and Indonesia’s Future, (Jakarta: Gramedia, 2020).
- Syaifullah, International Air Law, (Bandung: Alumni, 2019).
- Pablo Mendes de Leon and Atip Latipulhayat, “Sovereignty and Airspace Management,” Journal of Air Law and Commerce, Vol. 84, 2019.
- U.S. Government Accountability Office, Aviation Security: Integration of Civil-Military Air Traffic Control after 9/11, GAO Report, 2003.
- David Ben-Gurion, quoted in Chappy Hakim, Air Power and National Sovereignty, (Jakarta: Pustaka Alvabet, 2019).
Jakarta, April 28, 2025
Chappy Hakim – Indonesian Center for Air Power Studies
