Prinsip Souvereignty Dalam Tindakan Force Down Pesawat Asing Tanpa Izin Di Indonesia Menurut Chicago Convention 1994

Fitra, Refaldi (2022) Prinsip Souvereignty Dalam Tindakan Force Down Pesawat Asing Tanpa Izin Di Indonesia Menurut Chicago Convention 1994. Other thesis, Universitas Islam Riau.

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Abstract

The extent of the airspace owned by the State of Indonesia, must have the potential for a disturbance or a violation to occur. Where the disturbance will have an impact, namely in terms of disturbing the sovereignty of the State as well as national security and defense. Weak law enforcement against air violations in Indonesia is also influenced by the lack of legal arrangements that regulate state sovereignty, specifically air space sovereignty. The rules that Indonesia has such as Law Number 1 of 2009 concerning Aviation and Law Number 43 of 2008 concerning State Territory are not rules governing State Sovereignty, so it can be said that it is still lacking to allow it to be used as a rule that maintains the sovereignty of the air space of the State of Indonesia. The formulation of the problem in this research is how is the principle of sovereignty in the act of force down foreign aircraft without permission in Indonesia according to the 1994 Chicago Convention and how is the principle of sovereignty in the act of force down of foreign aircraft without permission in Indonesia according to Law Number 1 of 2009 concerning Aviation. This research method is normative legal research, namely research that examines various laws and regulations and international agreements and other official documents, while the nature is descriptive, namely providing data that is as accurate as possible about humans, circumstances or other symptoms. With the aim of confirming the hypotheses, in order to assist in strengthening old theories or in order to develop new theories. The principle of Souvereignty in the Action of Force Down Foreign Aircraft without Permit in Indonesia According to the 1994 Chicago Convention, it is not yet clear on the existence of violations in air space because the Chicago convention in principle does not emphasize forced landings because in its provisions it has given rights, namely the right to fly. passing through the territory of another country without landing, the right to land in another country for nontraffic purposes such as only for refueling, the right to unload passengers, mail and cargo departing from the country where the aircraft is registered, the right to pick up passengers, mail and cargo to be carried to their country and the right to pick up passengers, mail and cargo for the purpose of other countries and drop them off at each destination country, and the Souvereignty Principle in the Action of Force Down Foreign Aircraft without Permit in Indonesia According to Law No. 1 of 2009 concerning Aviation, it is appropriate with the provisions contained in the airspace security measures of the Republic of Indonesia, where if a foreign aircraft crosses Indonesian airspace without a clear permit and has been ordered to leave the Indonesian territory but does not heed the order, the force landing will be carried out at the airport or airport that is qualify.

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