Harry Purwanto
Department Of International Law Faculty Of Law Universitas Gadjah Mada, Yogyakarta

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Redefining the Air Defence Identification Zone in the Framework of Customary International Law Priyo Hadisusilo; Sigit Riyanto; Harry Purwanto
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.57891

Abstract

The use of force against other countries is strictly prohibited and has the character of jus cogens. However, this provision is not rigidly applied in the self-defence context codified in the United Nations Charter 1945 Article 51, also in the air defence context through the existence of the Air Defence Identification Zone (ADIZ). This research discusses whether ADIZ embodies the anticipatory efforts in the framework of customary international law. The research results indicate that the determination of ADIZ is not a form of self-defence principle in Article 51, which is the realm of jus ad bellum. Moreover, the conservative self-defence prerequisites in Article 51 are no longer relevant in line with the revolutionary development of aviation and its armament technology. Therefore, ADIZ as a state security practice constitutes a form of anticipatory efforts within the framework of long-standing state practice as customary international law. 
Safeguarding the National Airspace of Indonesia under the Framework of International Air Law Harry Purwanto
Jurnal Hukum Novelty Vol 12, No 2 (2021)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v12i2.a18528

Abstract

Introduction to the Problem: The vast territory of Indonesia requires careful thought in realizing an effective defense system to maintain its territorial integrity and the safety of the nation. To ensure the effectiveness of the country's broad defense system requires great strength, high mobility, and early detection capability. The development of Indonesia's defense force should not merely be oriented towards the land territory, but it must also be optimized towards the country’s sea and air forces.Purpose/Objective Study: This study examines the airspace protection system implemented by Indonesia to protect the security of the country from threats.Methodology: The research design is exploratory as this paper aspires to explore the basis of air defense identification zone.Findings: The Indonesian Government has taken legal measures by regulating restricted airspace, air defense identification zones, as well as identifying types of violations committed by foreign aircraft. Both national and international laws allow Indonesia to establish air defense identification zones.Paper Type: General Review