Harmonization of Indonesian Aviation Regulations and the Challenges of Implementing Open Sky Policy in ASEAN Single Aviation Market

Regional integration through ASEAN Single Aviation Market (ASAM) has both opportunities and challenges for Indonesia as an archipelagic country with complex aviation needs. Therefore, this study aims to analyze Indonesia position in ASAM, identify legal and institutional barriers to the implementation of Open Sky Policy with a focus on regulatory harmonization in ASEAN aviation sector. The extent to which domestic policies, specifically those protecting national airlines, interact with regional liberalization efforts was also assessed. A normative juridical method was used, incorporating a conceptual and regulatory approach, as well as a comparative analysis of ASEAN aviation regulatory framework and national policies. The results showed that Indonesia geographical characteristics as an archipelagic country, infrastructure disparities, and the tendency toward regulatory protectionism are the primary factors contributing to the caution in liberalizing the aviation market. Despite formal commitment to ASAM agreement, implementation in the field remains uneven due to sectoral interests and limited institutional capacity. Preventive and corrective efforts have been made through gradual policy reforms and bilateral agreements. However, the absence of a binding supranational authority weakens the enforcement mechanism. In conclusion, Indonesia plays a crucial but cautious role in ASAM, requiring strategic policy synchronization, infrastructure strengthening, and gradual market opening to gain benefits from regional aviation liberalization without sacrificing national interests.

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Publication Details

Journal
UNIFIKASI Jurnal Ilmu Hukum
Published
2025-06-24
DOI
https://doi.org/10.25134/unifikasi.v12i01.911
Primary Topic
International Law and Aviation
Type
article
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article

Harmonization of Indonesian Aviation Regulations and the Challenges of Implementing Open Sky Policy in ASEAN Single Aviation Market

Neni Sri Imaniyati, Neni Ruhaeni, Eman Suparman, Dikha Anugrah
UNIFIKASI Jurnal Ilmu Hukum
International Law and Aviation
article

Harmonization of Indonesian Aviation Regulations and the Challenges of Implementing Open Sky Policy in ASEAN Single Aviation Market

Neni Sri Imaniyati, Neni Ruhaeni, Eman Suparman, Dikha Anugrah
article en

Abstract

Regional integration through ASEAN Single Aviation Market (ASAM) has both opportunities and challenges for Indonesia as an archipelagic country with complex aviation needs. Therefore, this study aims to analyze Indonesia position in ASAM, identify legal and institutional barriers to the implementation of Open Sky Policy with a focus on regulatory harmonization in ASEAN aviation sector. The extent to which domestic policies, specifically those protecting national airlines, interact with regional liberalization efforts was also assessed. A normative juridical method was used, incorporating a conceptual and regulatory approach, as well as a comparative analysis of ASEAN aviation regulatory framework and national policies. The results showed that Indonesia geographical characteristics as an archipelagic country, infrastructure disparities, and the tendency toward regulatory protectionism are the primary factors contributing to the caution in liberalizing the aviation market. Despite formal commitment to ASAM agreement, implementation in the field remains uneven due to sectoral interests and limited institutional capacity. Preventive and corrective efforts have been made through gradual policy reforms and bilateral agreements. However, the absence of a binding supranational authority weakens the enforcement mechanism. In conclusion, Indonesia plays a crucial but cautious role in ASAM, requiring strategic policy synchronization, infrastructure strengthening, and gradual market opening to gain benefits from regional aviation liberalization without sacrificing national interests.

UNIFIKASI Jurnal Ilmu HukumVol. 12(01)
Bandung Islamic University (ID), Padjadjaran University (ID)
Openalex Percentile: Top 78%
International Law and Aviation
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