INDONESIAN AIRSPACE SOVEREIGNTY; PERSPECTIVE OF LAW NO. 1 OF 2009 ON AVIATION AND THE FLIGHT INFORMATION REGION (FIR) AGREEMENT BETWEEN INDONESIA AND SINGAPORE 2022

Abstract

The existence of the Agreement between Indonesia and Singapore on the adjustment of the FIR boundary signed on January 25, 2022 should strengthen Indonesia's sovereignty by prioritizing national interests. However, this has not been achieved. This prompted the author to conduct research with the aim of finding the concept of Indonesian airspace sovereignty in Law no. 1 of 2009 concerning Aviation, as well as reviewing and analyzing the perspectives of policy makers in the 2022 FIR agreement as outlined in Presidential Regulation 109 of 2022; sovereignty or safety . The method used is normative juridical with a focus on qualitative analysis through the descriptive analysis method carried out through literature studies, with a statute approach and a conceptual approach . The conclusion obtained based on the results of the analysis is that the sovereignty of Indonesian airspace in Law no. 1 of 2009 concerning Aviation is not only placed on the safety element alone but is also full and exclusive based on the principles of independence and state sovereignty so that the delegation of FIR to Singapore, although stated not to reduce sovereignty , but in practice Singapore's management of airspace will more or less reduce Indonesia's independence in managing its airspace. The perspective of policy makers in the 2022 FIR agreement as outlined in Presidential Regulation 109 of 2022 is conceptually not in line with the spirit of Law no. 1 of 2009 which prioritizes flight safety and efficiency. This is certainly ironic, considering that when the benchmark is safety and efficiency, which basically can be built, but by setting aside state sovereignty, in essence there is an erosion of sovereignty over Indonesia's airspace.