Surabaya – The Centre for Air and Space Policy (CASP) is pleased to announce the publication of a new scholarly article entitled “Unratified and Unprotected? The Legal Implications of Indonesia’s Position on Article 3bis of the Chicago Convention 1944”, authored by Amanda Shahla and Adhy Riadhy Arafah, researchers of CASP. The article has been published in the Journal of Aeronautics, Astronautics and Aviation (2025).
The article addresses a critical issue in international aviation law, namely Indonesia’s continued non-ratification of Article 3bis of the Chicago Convention, which expressly prohibits the use of weapons against civil aircraft in flight. Against the backdrop of increasing geopolitical tensions and recurring incidents involving civilian aircraft in conflict zones, the study highlights the growing relevance of Article 3bis as a cornerstone of international aviation safety and humanitarian protection.
Using a normative legal approach combined with comparative analysis, the authors examine the legal consequences of Indonesia’s position, particularly in relation to its domestic aviation framework, including Law No. 1 of 2009 on Aviation and Government Regulation No. 4 of 2018 on the Security of Indonesian Airspace. While these regulations emphasise state sovereignty and airspace security, the study finds that they do not clearly and explicitly reflect the absolute prohibition contained in Article 3bis.
The article further situates Indonesia’s position within the framework of the ICAO Universal Safety Oversight Audit Programme (USOAP), noting that legislative aspects of aviation safety have historically remained an area of concern. To provide comparative insight, the study analyses the legal practices of Germany, India, and the United States, demonstrating that strong national security policies can coexist with international commitments to protect civil aviation.
The authors argue that ratifying Article 3bis should not be viewed as a limitation on state sovereignty. Instead, it represents a legal and political commitment to proportionality, legal certainty, and the protection of civilians in international air navigation. The study concludes that Indonesia’s ratification of Article 3bis would strengthen its credibility in global aviation governance and reaffirm its commitment to international civil aviation safety.
This publication reflects CASP’s ongoing commitment to advancing research-based policy discussions in air and space law and contributes to broader debates on the balance between national security and international legal obligations in civil aviation.
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