Greenation International Journal of Law and Social Sciences
Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au

ASEAN Open Sky Agreement and The Challenges to Indonesia's Airspace Sovereignty: An Analysis of Legal Harmonization and Protection of National Interests

Vincent Raditya (Universitas Boyolali, Jawa Tengah, Indonesia.)
Burham Pranawa (Universitas Boyolali, Jawa Tengah, Indonesia.)
Ananda Megha Wiedhar Saputri (Universitas Boyolali, Jawa Tengah, Indonesia.)
Sri Budi Raharjo (Universitas Boyolali, Jawa Tengah, Indonesia.)



Article Info

Publish Date
11 Jul 2026

Abstract

The ASEAN Open Sky Agreement is a regional integration instrument aimed at liberalizing air transportation services between ASEAN member states. For Indonesia, the implementation of this agreement has legal and economic consequences, particularly regarding airspace sovereignty, the application of the Cabotage principle, and the protection of national interests. This study aims to analyze the implementation of the ASEAN Open Sky Agreement in Indonesia, its impact on the national economy, and its harmonization with the national legal system. The study employs a normative juridical method, drawing on legislative, conceptual, and international approaches. The legal materials used include the 1944 Chicago Convention, ASEAN agreements in the field of aviation, Law Number 1 of 2009 concerning Aviation, and other related regulations. The results show that the implementation of the ASEAN Open Sky Agreement does not eliminate state sovereignty over airspace, but rather constitutes a form of exercising sovereignty through a valid international agreement. The Cabotage principle remains an important legal instrument in protecting the national aviation industry from the pressures of regional market liberalization. On the other hand, this policy provides economic benefits through increased connectivity, tourism, trade, and investment. Therefore, this study offers a legal harmonization model as an integrative approach in balancing aviation liberalization with the protection of national interests.

Copyrights © 2026






Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...