State sovereignty is a fundamental principle in international law encompassing land, sea, and airspace. In the modern context, airspace holds significant strategic value, both commercially and militarily. This article explores the meaning and scope of state sovereignty in the air, drawing upon the views of prominent legal scholars such as Prof. Dr. Priyatna Abdurrasjid, Prof. Pablo Mendes de Leon, Prof. Atip Latipulhayat, and Prof. Syaifullah. The main focus lies on the historical evolution of air sovereignty principles within international conventions and the challenges faced by states in safeguarding their sovereign rights amid the globalization of civil aviation. The article also highlights the controversial 2022 agreement between Indonesia and Singapore regarding the delegation of airspace management.
Keywords: State sovereignty, airspace, international air law, national security, Chicago Convention, Paris Convention, FIR, Indonesia-Singapore agreement
Introduction
State sovereignty is a core element of the modern state structure. In classical terms, sovereignty refers to the supreme authority held by a state to regulate all aspects within its territory—including airspace. With the advancement of aviation technology and the growing strategic importance of airspace, debates surrounding airspace sovereignty have become increasingly relevant. This becomes especially critical in relation to national defense and airspace management.
This article provides an in-depth analysis of state sovereignty and airspace sovereignty through the lens of renowned legal experts and international conventions.
Sovereignty in Legal Perspective.
According to Prof. Dr. Priyatna Abdurrasjid, sovereignty is not merely absolute power but also a legal responsibility of a state to safeguard the integrity of its territory—on land, sea, and in the air. In his view, without sovereignty, a state cannot be recognized as a subject of international law. He emphasizes Indonesia’s uniquely strategic geographic configuration: one-third land, two-thirds water, and three-thirds airspace. Such characteristics render airspace critically important from both legal and strategic standpoints.
State sovereignty has both internal and external dimensions. Internally, it denotes full authority over a state’s citizens and institutions; externally, it represents the right to prevent foreign interference in domestic affairs. This sovereignty includes control over the airspace above a state’s territorial boundaries.
The Historical Evolution of Air Sovereignty:
From the Paris to the Chicago Convention. Prof. Pablo Mendes de Leon highlights that the principle of air sovereignty enshrined in the 1944 Chicago Convention is a direct continuation of the 1919 Paris Convention. He stresses that both conventions were deeply rooted in military and national security concerns. The Paris Convention emerged in response to the chaos of World War I, where the military use of aircraft compelled states to assert exclusive rights over their airspace.
As reaffirmed by Mendes de Leon, the 1944 Chicago Convention—drafted in the context of World War II—reinforced the principle of full and exclusive sovereignty over airspace. Article 1 of the Convention clearly states:
“The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory.”
According to Mendes de Leon, this declaration reflects the need for states to ensure that their airspace is not used without consent for military or intelligence purposes. Thus, no “freedom of the air” exists over a state’s territory without its explicit authorization.
The Indonesian Perspective:
Airspace Sovereignty, FIR, and the 2022 Indonesia-Singapore Agreement. Prof. Atip Latipulhayat argues that the issue of airspace sovereignty in Indonesia is closely linked to the management of the Flight Information Region (FIR). While FIR is technically regulated by the International Civil Aviation Organization (ICAO), its administration has de facto sovereignty implications. He asserts that Indonesia must independently manage its FIR to ensure territorial integrity and national security.
Atip also notes that although FIR does not equate to sovereignty per se, foreign management creates dependency and potential security gaps. Therefore, regaining control of FIR is essential to achieving full sovereignty over national airspace.
However, the 2022 agreement between Indonesia and Singapore—delegating the management of airspace above the Malacca Strait up to 37,000 feet for 25 years—has faced strong criticism. From the standpoint of domestic law, the agreement conflicts with Law No. 1 of 2009 on Aviation, particularly Article 458, which mandates that airspace managed by foreign entities must be fully reclaimed and operated by a national provider within 15 years of the law’s enactment. This means that by 2024, all national airspace should be managed exclusively by Indonesia. Continued delegation to a foreign party may be viewed as a diminishment of sovereignty, contradicting both constitutional mandates and the spirit of self-reliance.
Moreover, the agreement results in Indonesia relinquishing direct surveillance over this strategic airspace—an area that has historically seen frequent unauthorized flights. According to the National Air Defense Command (Kohanudnas), the airspace above the Malacca Strait is a hotspot for foreign aircraft incursions without prior clearance. This poses serious risks to national security, potentially enabling illegal activities such as aerial espionage or systematic violations of sovereignty.
Strategic and Security Dimensions:
Insights from Prof. Saefullah. Prof. Saefullah emphasizes the critical role of airspace in national defense strategy. He sees airspace not only as a transportation corridor but also as a strategic domain for defense operations, satellite communications, and high-tech surveill ance. In his view, unauthorized use of airspace by foreign entities constitutes a grave violation of sovereignty and must be addressed decisively.
Accordingly, he advocates for strengthening air defense systems and airspace monitoring as an integral part of exercising sovereign responsibility.
Globalization and the Challenge to Air Sovereignty
In the era of globalization, cross-border aviation is a vital necessity. However, this trend challenges the principle of air sovereignty. International cooperation in aviation often clashes with the national interests of individual states.
Although cooperation is indispensable, as Prof. Priyatna Abdurrasjid asserts, a state must never compromise its sovereignty for the sake of efficiency or air liberalization. The overarching principle is that a nation’s airspace is an inalienable component of its sovereignty.
Conclusion
Airspace sovereignty remains a fundamental principle rooted in historical experience and a state’s strategic imperatives. The views of international legal scholars emphasize that despite globalization and liberalization, sovereignty must remain non-negotiable. From the 1919 Paris Convention to the 1944 Chicago Convention, airspace sovereignty has been consistently reaffirmed as a state’s exclusive right.
Indonesia, as a geopolitically strategic archipelagic nation, must continue to reinforce its legal position in airspace governance, both technically and politically. Protecting national airspace is an inseparable part of preserving sovereignty and national security. International agreements involving airspace delegation must be carefully scrutinized to ensure alignment with domestic law—especially Article 458 of Law No. 1 of 2009—and to uphold the nation’s strategic interests.
Jakarta March 24, 2025
Chappy Hakim Indonesia Center for Air Power Studies
