PENEGAKAN HUKUM DI RUANG UDARA INDONESIA TERHADAP MASUKNYA PESAWAT UDARA SIPIL ASING BERKAITAN DENGAN KONVENSI CHICAGO 1944

Article 1 Chicago Convention on international civil aviation 1944 has confirmed that every State has complete an exclusive sovereignty over the airspace above its territory. This means that no aircrafts (civil or military) allowed to enter Indonesia’s airspace without permission of authorized party. Even though, the sovereignty over the airspace is limited by the rights of other states. Some foreign aircraft still do not respect Indonesia’s sovereignty over its airspace. The premise based on the research conducted by normative approach by reviewing literature studies from various sources, both from books, journals, and existing news. Moreover, in carrying out efforts to uphold sovereignty in the air space, the Air Force still experiences various obstacles both in facilities and infrastructure as well as its own regulations. Improvements in regulations have been made through government regulations no. 4 of 2018 concerning securing Indonesia’s airspace. Although there have been new regulation regarding security on the airspace, the rules regarding the sovereignty on the airspace must be reaffirm in the 1945 Constitution. Keywords: Chicago Convention on International Civil Aviation 1944, sovereignty, airspace, civil aircraft, force down