Tinjauan Yuridis Terhadap Pelanggaran Ruang Udara Oleh Pesawat Asing Di Wilayah Udara Indonesia Menurut Hukum Internasional Dan Hukum Nasional Indonesia

ABSTRACT International law actually stipulates that every country has full and exclusive sovereignty over its airspace. Thus, Indonesia has full sovereignty over its airspace so that no aircraft can enter freely into Indonesian airspace. Along with the development of the international community as well as international law and air law, state sovereignty over the air space above its territory is no longer full and absolute. A country can traverse the airspace of another country as long as it has obtained permission from the country concerned and in accordance with the provisions of the country's international and national laws. In this thesis entitled "Juridical Review of Airspace Violations by Foreign Aircraft in Indonesian Airspace According to International Law and Indonesian National Law", the issues are discussed, namely: What are the factors causing airspace violations by foreign aircraft in Indonesian airspace? and How to enforce international law and Indonesian national law against violations of Indonesian airspace. The method used to answer the problems mentioned above is the normative juridical research method, namely research aimed at examining the application or norms or rules contained in positive law. The data used in this thesis are obtained from literature books, legal journals, theses, laws, electronic data, papers, and the big Indonesian dictionary. The entire data that has been obtained is then analyzed qualitatively, then concluded through the deductive method. The results of the study show that Indonesia has a limited number of fighter aircraft to ensure security in Indonesian airspace. The lack of radar to detect activities that occur in Indonesian airspace. Indonesia is a very large archipelagic country and consists of various large and small islands. Indonesian airspace is used as a shortcut to reach the destination of foreign aircraft. Existing regulations are not clearly regulated and the sanctions applied are considered insufficient to deter. Law enforcement is part of efforts to maintain state sovereignty. As a sovereign country, the Indonesian government establishes a set of legal rules to regulate, control and enforce the law in the airspace under Indonesian jurisdiction