Pelanggaran Ruang Udara Indonesia Oleh Pesawat Asing Ditinjau Dari Undang-undang Nomor 1 Tahun 2009 Tentang Penerbangan

Putri, Ghea Olivia (2022) Pelanggaran Ruang Udara Indonesia Oleh Pesawat Asing Ditinjau Dari Undang-undang Nomor 1 Tahun 2009 Tentang Penerbangan. Other thesis, Universitas Islam Riau.

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Abstract

The State has absolute and exclusive sovereignty to control and manage the airspace above its territory. In the airspace of a country, there are different aspects such as legal, political, economic, defense and security aspects. For this reason, it is necessary to regulate clear and firm airspace as an absolute necessity for a country. Indonesia as a large country and recognized for its sovereignty can benefit from optimizing its airspace as all activities in the airspace must obtain approval from the countries depending on it. However, until now, violations of the airspace over Indonesian territory by foreign aircraft are still frequent. Essentially, a country's airspace is closed to foreign aircraft, for this reason rules regarding sovereignty, aviation and aircraft are formed to minimize violations in the future. Airplanes are one of the important means of transportation nowadays, airspace violations are increasing, sovereignty is one of the most important things to maintain defense and security of a country and various aspects of this one. Violations that often occur also require law enforcement as a form of sovereignty in Indonesian airspace. In this context, two problem formulations arise, namely, what are the law enforcement procedures in case of violation of Indonesian airspace by foreign aircraft? And what are the constraints and the role of Aviation Law No. 1 of 2009 in combating violations of Indonesian airspace? The method used in this research is empirical legal research using empirical facts obtained from interviews and direct field observations. This research is descriptive in nature by understanding the issues studied and gathering information obtained from interviews and literature studies. The location of this research is Pekanbaru Air Navigation Office and Roesmin Nurjadin Pekanbaru Air force base. The results obtained from this research are the implementation of Aviation Law No. 1 of 2009 in law enforcement procedures or procedures in case of violation of Indonesian airspace. However, there are still many things to be regulated in the law due to the many constraints to overcome the cases of violations, these constraints come in the form of penalties which are not in accordance with what is in the law and operational costs. incurred, interpreted as licensing issues only, and the Indonesian Air Force, who were not involved as investigators.

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