As global security landscapes evolve and natural disasters increase in both frequency and intensity, countries around the world are rethinking how to ensure rapid, coordinated responses using all available resources. For archipelagic nations like Indonesia, air mobility is not a luxury—it is a necessity. From evacuating citizens in conflict zones to delivering humanitarian aid to remote islands, aircraft play an indispensable role in both défense operations and civilian resilience.
In this light, a unique yet underregulated practice has gained traction in Indonesia: the use of civil aircraft by the Indonesian National Armed Forces (TNI) for défense and humanitarian missions. While such practices have been employed occasionally—including in the evacuation of Indonesian nationals from Sudan in 2023—Indonesia still lacks a clear legal framework to govern how, when, and under what conditions civil aircraft may be deployed for military purposes.
This regulatory vacuum not only exposes Indonesia to legal, operational, and diplomatic risks but also undermines the country’s international credibility in civil aviation oversight.
Why Regulation is Urgently Needed
Globally, civil and military aviation are governed by distinct sets of laws, protocols, and expectations. The Chicago Convention of 1944, which Indonesia ratified, makes a clear legal distinction between “civil aircraft” and “state aircraft” (Article 3). Civil aircraft operate under the rules of the International Civil Aviation Organization (ICAO), while state aircraft (used for military, customs, and police services) are exempt, yet still subject to international sovereignty norms when flying in foreign airspace.
By utilizing civil aircraft in military missions without reclassification or diplomatic notification, Indonesia risks violating this convention—a serious breach that could jeopardize international flight rights, disrupt bilateral air services agreements, and attract ICAO scrutiny.
Beyond legalities, the absence of a defined regulatory structure raises several operational concerns:
- Flight safety and airworthiness: Civil aircraft pressed into military missions often lack appropriate security protocols, specialized crew training, or airworthiness assessments adapted for hostile or disaster-prone environments.
- Civil-military airspace coordination: Without centralized clearance and flight tracking, deploying civil aircraft into military zones or joint operations may disrupt civilian traffic, especially in congested Flight Information Regions (FIRs) like Jakarta and Ujung Pandang.
- Accountability and insurance: Who bears responsibility in case of an accident, airspace violation, or diplomatic incident? Without regulations, liability falls into a grey zone that complicates insurance claims and undermines transparency.
The Global Standard: Civil Reserve Air Fleet (CRAF)
Internationally, the United States and its NATO allies have long resolved this issue through the Civil Reserve Air Fleet (CRAF), a legally binding arrangement that allows commercial aircraft to be requisitioned for national emergencies. Under CRAF, selected civilian airlines pre-agree to lend part of their fleet to military command during crises. These aircraft are temporarily re-registered as state aircraft, given military call signs, and operate under a dedicated chain of command, with full coordination with civil aviation authorities.
Such arrangements reflect the principle of interoperability under law, allowing flexibility in emergencies without compromising legal obligations or public safety.
Indonesia has no such mechanism. When the TNI used a civil aircraft to evacuate citizens from Sudan in 2023, the operation succeeded, but no formal flight clearance, re-registration, or ICAO notification was made. While diplomatically benign in that instance, similar operations across contested airspace—or during heightened tensions—could provoke serious international incidents.
The Case for a Government Regulation
Given these challenges, the Indonesian government has begun drafting a Government Regulation (Peraturan Pemerintah) specifically to regulate how the TNI may utilize civil aircraft for national défense purposes. The academic manuscript underpinning the regulation lays out a robust legal and operational rationale, and such a law would represent a long-overdue step toward legal harmonization, civil-military coordination, and international compliance.
The regulation seeks to answer four key policy questions:
- Under what circumstances may civil aircraft be used for military missions?
- How will airspace safety and international norms be upheld?
- What is the process of inter-agency coordination between TNI, the Ministry of Transportation, and civil aviation authorities?
- How will the state maintain transparency and accountability in such operations?
Proposed Regulatory Pillars
The draft regulation outlines a comprehensive approach involving:
1. Legal Classification and Limitations
Civil aircraft may only be used in strictly defined scenarios, such as:
- Evacuations of Indonesian nationals during foreign conflicts.
- Natural disaster responses declared by presidential decree.
- Delivery of strategic logistics in non-combat environments.
- Joint civil-military exercises announced to ICAO in advance.
Use of civil aircraft for offensive combat missions, intelligence operations, or weapons transport is expressly prohibited, unless authorized by the President and reported to Parliament.
2. Inter-Agency Request and Clearance Mechanism
All requests by the TNI to use civil aircraft must be formally submitted to the Ministry of Transportation, with copies to the Ministry of Defense and the Coordinating Ministry for Political, Legal, and Security Affairs. Flight plans, risk assessments, and operational details must be provided. Only upon verification by civil aviation authorities can the aircraft be classified as a “temporary state aircraft”.
International missions would require additional notification via the Ministry of Foreign Affairs.
3. Temporary Re-Registration and Safety Oversight
Each civilian aircraft used for defense purposes must undergo:
- Temporary re-registration as a state aircraft.
- Assignment of military call signs recognized by national air traffic control.
- Airworthiness re-certification conducted by an independent technical authority.
- Pilot and crew clearance, including basic security and emergency procedures training.
4. Safety, Insurance, and Protocols
Operators must adjust insurance policies to reflect the temporary change in status and risk profile. Civil aviation safety standards remain mandatory, and oversight must be maintained during missions, including return to commercial service.
5. Monitoring and Public Accountability
A Joint Civil-Military Aviation Coordination Forum (FKSMU) will be established to monitor operations, audit compliance, and issue periodic public reports (with sensitive material redacted). The forum will include representatives from the TNI, Ministry of Transportation, National Disaster Agency (BNPB), AirNav Indonesia, and independent civilian experts.
Geopolitical and Regional Implications
The proposed regulation is not only about fixing a domestic legal gap. It is also a strategic instrument in a volatile Indo-Pacific theater. With increasing military posturing in the South China Sea, ASEAN countries must balance flexibility with legal clarity. Indonesia’s adoption of a civil-military air integration regulation could serve as a model for regional cooperation frameworks, especially for cross-border disaster response and humanitarian logistics.
It also sends a clear signal to international observers—particularly ICAO and neighboring countries—that Indonesia respects global norms and enforces civil-military boundaries through lawful means.
Risks of Inaction
Choosing to maintain the status quo—operating without formal regulation—poses unacceptable risks:
- Legal ambiguity invites arbitrary decisions and weakens democratic civilian oversight.
- Safety risks increase in uncontrolled environments, endangering both the crew and the public.
- Diplomatic fallout becomes more likely if missteps occur during cross-border missions.
- ICAO audit scores and flight permit credibility may suffer, especially during USOAP evaluations.
Even internal attempts to manage this through non-binding Standard Operating Procedures (SOPs) are insufficient. Without the weight of law, such SOPs lack enforceability, transparency, and cross-agency legitimacy.
The Broader Vision: Whole-of-Government Readiness
This regulation is part of a broader shift toward whole-of-government approaches to national Défense and emergency management. In times of war or peace, no single agency can handle large-scale emergencies alone. Bridging civil and military aviation resources, within a legal and transparent framework, is both pragmatic and principled.
It also strengthens public trust. By clearly delineating when and how civil aircraft may be repurposed for military needs, the government affirms that no citizen, airline, or airspace user will be left in the dark or exposed to arbitrary decisions.
Conclusion
Indonesia has reached a critical juncture. The evolving nature of threats—whether military, humanitarian, or natural—demands a more agile and integrated aviation strategy. But agility must not come at the cost of legality, safety, or international respect.
By enacting a dedicated Government Regulation to govern the use of civil aircraft by the armed forces, Indonesia not only fills a dangerous legal vacuum but also asserts its maturity as a sovereign aviation state—one that is capable of defending itself without compromising global norms or public accountability.
This is not simply a regulatory matter. It is a statement of national readiness, institutional integrity, and global responsibility. And it is long overdue.
