Wilayah Udara Negara (State Air Territory) Ditinjau dari Segi Hukum Internasional dan Nasional Indonesia

Wiradipradja, E. Saefullah

Indonesian Journal of International Law

The status of air territory has now been regulated by international law and every State has sovereignty over the air space (Chicago Convention, 1944). The problem of State sovereignty over the air space arose as the effect of the technologcial aspect of aviation and especially at the time of war which launched projectiles and explosives from balloons or other methods of a similar nature over the air space of another States. The article 33 (3) of 1945 Constitution states only “land and waters” to be controlled and to be used by government for the greatest of social prosperity, but it does not state “air space” which is not less importance that “land and waters”. It must be a serious consideration for the coming amendment of the Constitution.