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Minister of Transportation Budi Karya Sumadi (right) after signing the FIR agreement with Singapore's Minister of Transport S. Iswaran (left), which was witnessed directly by Singaporean Prime Minister (PM) Lee Hsien Loong and Indonesian President Joko Widodo on Bintan Island, Riau Islands, Tuesday (25/1). (Palace Press Bureau) - 

On January 25, 2022, the Indonesian and Singaporean governments had approved agreements on extradition, Flight Information Region (FIR), and defense cooperation.

Under the agreement on FIR, the air space area of ​​249,575 square kilometers (km), which has been controlled by Singapore, will be managed by Indonesia.

It was no easy matter for Indonesia to finally achieve success in taking over the air space of 249,575 square km.

Apart from the protracted period of time taken, meetings between the two countries were also quite long.

Some 40 meetings were held between Indonesia and Singapore, and discussions or negotiations regarding the FIR

had also reached a tough juncture.

During a joint press statement with Singaporean Prime Minister Lee Hsien Loong, Indonesian President Joko Widodo stated that the new extradition agreement extended the retroactive period, from 15 years to 18 years.

Meanwhile, with the signing of the FIR agreement, Jakarta's FIR scope will cover all of Indonesia's territorial airspace, in particular, around Riau Islands and Natuna Islands, the Indonesian president stated.

The president expects that the cooperation in law enforcement, aviation safety, and defense and security between Indonesia and Singapore will continue to be strengthened based on the principle of mutual benefit.

The results of the negotiations between Indonesia and Singapore on realigning the FIR over the Riau and Natuna Islands' air space are optimal while still promoting the principles of harmonious and mutually beneficial foreign relations, especially with neighboring countries, the president affirmed.

Since 1946, the areas were under the Singapore FIR, as the International Civil Aviation Organization (ICAO) assessed that Indonesia had not been able to regulate air traffic in the areas.

The regulation necessitates Indonesian aircraft to report to Singaporean authorities if they are looking to fly over the area.

Hence, the Indonesian government is striving to take over the areas from the Singapore FIR to strengthen international recognition of Indonesia, as an archipelagic country, which has full and exclusive sovereignty on the airspace above its territory.

Under the agreement on airspace management, Singapore and Indonesia have agreed to realign the boundary between the Jakarta Flight Information Region (FIR) and Singapore FIR.

Indonesia will delegate the provision of air navigation services for parts of its realigned FIR to Singapore.

This agreement will remain in force for 25 years and can be extended by mutual consent.

Meanwhile, Legislator Sukamta, Indonesian House of Representatives' (DPR RI's) Commission I member, urged the government to make the document of the Flight Information Region (FIR) agreement between the governments of Indonesia and Singapore accessible to the public.

"Agreements made with other countries are included in the category of public policy because they concern the lives of many people and also involve state sovereignty. The agreement documents related to extradition, airspace services, and defense cooperation that have been signed must be made accessible to the public," Sukamta noted.

Sukamta remarked that the government's explanation on the FIR agreement, so far, concerned the points of the agreement and not the texts of the official document that had been signed.

Natuna Islands and Riau Islands are very strategic for Indonesia, so the public is optimistic that sovereignty over land, sea, and air is within the scope of control of the Indonesian side, according to the legislator.

"Based on agreements contained in the UNCLOS III 1982 and the Chicago Convention 1944, state sovereignty over the air space above the territory is exclusive. This means the (realignment of FIR is a testament to Indonesian sovereignty over) air space within its territory, in particular above the Natuna Islands and Riau," he remarked.

Hence, based on this claim, the Indonesian side should be in charge of the management of FIR in the area, he stated.

Sukamta is optimistic that the agreement document, or MoU, would be accessible to the public, so that all parties would be able to provide an objective assessment of the points of the agreement that had been signed.

Accountability of FIR Agreement

Hikmahanto Juwana emphasized the need for the government to make the requisite submission for the FIR Agreement to be ratified by the House of Representatives, as it must be accountable to the people.

Professor of International Law from the University of Indonesia Hikmahanto Juwana affirmed that the government's accountability is reflected through three aspects, with the first being transparency. Transparency of the 2022 FIR agreement is paramount to ensure that what is claimed by the government regarding the management of the FIR has a basis.

Until now, the government has never opened the 2022 FIR agreement to the public.

If the ratification of the 2022 FIR agreement is carried out with the Presidential Regulation, then the public will only be able to know about the contents of the agreement when Indonesia has been fully bound, University Chancellor of General A. Yani remarked.

Second, accountability regarding the government's reasons for making the 2022 FIR agreement must be disclosed.

“Is this in line with the mandate of Article 458 of the Aviation Law? What is the government's reason for re-delegating to Singapore certain areas of Indonesian sovereignty at an altitude of up to 37,000 feet? Does this mean that since 1946 until now Indonesia has not been able to manage FIR for all areas under Indonesian sovereignty?” he emphasized.

Finally, accountability on the part of the government should be able to ward off various public suspicions, Juwana stated.

“Some of them are what are the differences between the 2022 FIR Agreement and Article 2 paragraph (1) of the 1995 FIR Agreement?” he noted.

He noted that Article 2 paragraph (1) of the 1995 FIR Agreement stipulates “The Government of Indonesia delegates to Singapore 90 nm airspace from SINJON (01 13'24"N 103 51'24"E) to an altitude of 37,000 feet in the Jakarta and southern Singapore FIR adjustment, which is called as Sector A…”

“Then there is public suspicion as to why the government is willing to follow Singapore's will to integrate the three treaties at once, namely the FIR Agreement, Defense Agreement and Extradition Treaty? Has the government calculated the consequences of Singapore's clever move?” Juwana stressed.

The government's accountability should be established in the House of Representatives as a representation of the people and in an open forum//ANT