Indonesia currently lacks adequate legal instruments to regulate the management of its national airspace. This legal vacuum creates limitations in law enforcement and the utilization of national airspace. Data from AirNav indicates that Indonesia’s airspace spans 7,789,268 km² (2025). Given the vastness of this area and the various associated challenges, a concrete legal framework is essential to address these issues.

Indonesia House of Representatives (DPR) has included the Draft Bill on National Airspace Management (RUU PRUN) in the National Legislation Program (Prolegnas). Alongside 46 other bills, the DPR aims for RUU PRUN to strengthen Indonesia’s sovereignty over its airspace. Discussions on this bill began in 2003, involving numerous institutions, and were finalized in 2023.

Philosophically, Article 33, Paragraph 3 of the 1945 Constitution (UUD 1945) mandates that Indonesia utilize all resources within its territory for the prosperity of its people. This philosophical foundation has not been optimally leveraged by stakeholders to achieve national goals. Additionally, Article 1 of the Chicago Convention affirms that every state has complete and exclusive rights over its resources, including their utilization.

From a sociological and economic perspective, rapid global developments have significantly transformed airspace management. For instance, in 2023, Indonesia launched the Indonesia Carbon Exchange (IDX Carbon), marking a historic milestone in airspace utilization. Previously, the concept of carbon trading was unfamiliar in Indonesia, but evolving times have reshaped airspace utilization. Furthermore, civil aviation activities in Indonesian airspace reached 1.8 million movements in 2023 (AirNav 2023), underscoring the need for optimized airspace management.

From a juridical perspective, airspace regulation remains suboptimal. Airspace violations, a recurring issue in Indonesia, pose challenges for law enforcement. The Indonesian Air Force (TNI AU), through the Commander of the National Air Defense Command (Pangkoopsudnas), reported 498 airspace violations from January to May 2021. However, weak legal instruments hinder effective resolution of these cases.

Overlapping authority among law enforcement agencies in handling airspace violations remains a critical issue that RUU PRUN must address. For example, the TNI AU, responsible for safeguarding Indonesia’s skies, is limited to investigative roles, with subsequent processes handed over to Civil Servant Investigators (PPNS) under the Ministry of Transportation. This contrasts with the Indonesian Navy (TNI AL), which has broader authority, including investigative powers, in maritime law enforcement.

Nearly all airspace violation cases in Indonesia never reach the courts. A key reason is the limited authority of the TNI AU in resolving such cases. For instance, after the TNI AU conducts a forced landing, investigation files are transferred to the PPNS under the Ministry of Transportation for further investigation. However, these investigations rarely progress to judicial proceedings. The absence of judicial processes in resolving airspace violations highlights the weakness of air law enforcement.

RUU PRUN is a response to the legal shortcomings in managing Indonesia’s national airspace. Given the vast airspace and the myriad challenges, Indonesia urgently needs a robust legal instrument to address these issues. RUU PRUN aims to uphold Indonesia’s sovereignty over its airspace and optimize its utilization for the welfare of its people. Grounded in strong philosophical, sociological, economic, and juridical foundations, RUU PRUN is expected to provide a comprehensive solution to the challenges of airspace management in Indonesia.