Red Carpet for Foreign Aircraft
This article is a column; its entire content and opinions represent the personal views of the author and do not reflect the editorial stance.
The US Government’s proposal to the Indonesian Government in drafting the Major Defense Cooperation Partnership (MDCP) for Indonesia to grant a Blanket Overflight Agreement reveals Indonesia’s strategic position for the US in conducting its armed conflicts.
However, this proposal is quite surprising, as it was only announced a few days before the Indonesian Minister of Defence departed for the United States to sign the MDCP.
The Blanket Overflight proposed by the US would allow its military aircraft to fly through Indonesian airspace without needing to request permission or clearance, merely providing notification.
This proposal creates the impression that, on one hand, the US views Indonesia as a sovereign nation and deems it necessary to formalise the Blanket Overflight with Indonesia.
On the other hand, there is an impression that the US has taken Indonesia’s sovereignty lightly, easily requesting that Indonesia permit its military aircraft to fly through Indonesian territory.
On a limited basis, Indonesia has willingly allowed foreign military aircraft to fly as part of its international obligations.
Article 53 of UNCLOS 1982 obliges archipelagic states that have established archipelagic sea lanes to grant the right of passage for foreign ships and aircraft through those sea lanes.
This right of passage through archipelagic sea lanes is an inviolable right that cannot be interfered with by any actions.
Indonesia’s willingness in this regard is undertaken as a quid pro quo to obtain recognition as an Archipelagic State.
The airspace over the Archipelagic Sea Lanes of Indonesia (ALKI) is open on a limited basis; only military or state aircraft from other countries may pass through.
Civilian foreign flights should also be able to pass through the ALKI routes.
However, technically, such flights have not yet been implemented because no airways have been designated by ICAO over the ALKI due to safety concerns.
Regarding flights over the ALKI, the United States has actually routinely exercised its right of passage, both for military flights and as escorts for its naval fleets.
To date, this has been conducted in accordance with the provisions of Article 19 of the Government Regulation on Airspace Security.
As foreign state aircraft, the United States is obliged to submit a flight plan and obtain diplomatic and security clearance before exercising its right of passage.
The imposition of this clearance requirement is Indonesia’s authority as a sovereign state.
Based on the 1944 International Civil Aviation Convention, states have complete sovereignty over their airspace.
This sovereignty necessitates that foreign aircraft flights outside the ALKI must obtain prior permission, whether in the form of clearance or authorisation.
The Blanket Overflight Agreement negates the existence of this permission requirement.