The Law of Taking Video with Drones in National Vital Objects

PERTANYAAN

Is it legally allowed to take pictures/videos of national vital objects using a drone device? Areas that cannot be accessed publicly are often infiltrated by drones by those who want to create content and viralize it on social media. Please provide a legal explanation. Thank you.

INTISARI JAWABAN

The regulation of drones in Indonesia or the operation of unmanned aircraft is regulated in Regulation of the Minister of Transportation 37/2020 which contains provisions on the operation of drones, areas or airspace where drone operations may and may not be carried out, and restrictions on the use of drones.

So, does flying a drone in a national vital object area need a permit?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Hukumnya Mengambil Video dengan Drone di Objek Vital Nasional written by Fadhil Arkaan Katili, S.H. from Yang & Co. and published on Tuesday, 18 April 2023.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Definition of Drones and National Vital Objects

Before answering your question, it is important to first understand what drones and national vital objects are. A drone or unmanned aerial vehicle is a flying machine that functions with remote control by an aviator or is able to control itself using the laws of aerodynamics.[1]

Meanwhile, national vital objects are areas/locations, buildings/installations, and/or businesses that concern the livelihood of many people, state interests, and/or strategic sources of state revenue.[2] Examples of national vital objects are industries, installations, transportation, mining and energy, government/private/foreign office buildings, tourist areas, state institutions, and hotels.[3]

Drone Regulation in National Vital Object Areas

Regarding drone regulations in Indonesia, you can currently find them in Regulation of the Minister of Transportation 37/2020. Furthermore, Regulation of the Minister of Transportation 37/2020 explains the operation of drones in airspace that is served in the form of:

1. Controlled airspace or airspace that is provided with aviation traffic services in the form of air traffic control services, flight information services, and alerting services.[4] In this area, the approval of the Director General is required to operate the drone.[5]
2. Uncontrolled airspace or airspace that is provided with flight traffic services in the form of flight information services, alerting services, and air traffic advisory services.[6] In this area:[7]
   1. drone operations at altitudes from ground level up to 120 m do not require the approval of the Director General;
   2. drone operations at altitudes above 120 m must have the approval of the Director General.
3. Flight Operation Safety Area or Runway Safety Area (“RSA”) of an airport, which is also an area with horizontal and vertical boundaries determined by the Director General, can be operated by drones with the approval of the Director General.[8]
4. The area within a radius of 3 nautical miles from the coordinates of a helipad located outside the RSA of an airport with the approval of the Director General.[9]

It should be noted that the airspace above certain strategic national vital objects is a prohibited airspace (prohibited area), including the residence of the President and Vice President, as well as the defense industry.[10] What is meant by prohibited area is airspace above land and/or waters with permanent and thorough restrictions for all aircraft.[11] So, can unmanned aircraft or drones operate in prohibited areas?

The operation of drones in prohibited areas and restricted areas must have the approval of the authorized agency in the area.[12] This is also confirmed in the Civil Aviation Safety Regulations ("CASR") Part 107, which states that no person may operate a small unmanned aircraft in a prohibited or restricted area unless that person has permission from the authorized agency.[13]

Drones with cameras are also prohibited at a distance of less than 500 m from the outer boundary of a prohibited area or restricted area.[14]

Related to your question, if the drone will be used for the purpose of photographing, filming and mapping, it is mandatory to attach a letter from the authorized institution and/or the owner of the object under the operation of the drone in whose territory it will be photographed, filmed or mapped.[15]

Sanctions for Operating Drones in Prohibited Areas

If the operation of drones in national vital objects for taking pictures or videos does not have permission from the authorities, sanctions will be imposed which include:[16]

1. criminal sanctions in accordance with the provisions of laws and regulations;
2. administrative sanctions in the form of revocation of approval and blacklisting;
3. imposition of measures in the form of frequency jamming, forced exit from the area or airspace, termination of operations in the form of dropping in a safe area and other necessary actions.

From the explanation above, it can be concluded that the use of drones to take pictures or videos, in general, should not be done carelessly or freely. So, does flying a drone need a permit? In the event that certain strategic national vital object areas are prohibited areas, then operating drones in these areas must obtain permission from the authorized agency.

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These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Regulation of the Government Number 4 of 2018 on the Security of the Air Space of the Republic of Indonesia;
2. Regulation of the Minister of Transportation Number PM 37 of 2020 on the Operation of Unmanned Aerial Vehicles in Airspace Served in Indonesia;
3. Regulation of the Minister of Transportation Number PM 63 of 2021 on Civil Aviation Safety Regulation Part 107 on Small Unmanned Aircraft Systems;
4. Regulation of the Chief of the Indonesian National Police Number 13 of 2017 on Providing Security Assistance to National Vital Objects and Certain Objects as amended by Regulation of the Chief of the Indonesian National Police Number 3 of 2019 on the Amendment to Regulation of the Chief of the Indonesian National Police Number 13 of 2017 on Providing Security Assistance to National Vital Objects and Certain Objects as amended for the second time by Regulation of the Chief of the Indonesian National Police Number 7 of 2019 on the Second Amendment to Regulation of the Chief of the Indonesian National Police Number 13 of 2017 on Providing Security Assistance to National Vital Objects and Certain Object.

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[1] Article 1 number 19 Regulation of the Government Number 4 of 2018 on the Security of the Air Space of the Republic of Indonesia (“Government Regulation 4/2018”).

[2] Article 1 number 3 Regulation of the Chief of the Indonesian National Police Number 3 of 2019 on the Amendment to Regulation of the Chief of the Indonesian National Police Number 13 of 2017 on Providing Security Assistance to National Vital Objects and Certain Objects (“Regulation of the Chief of the Indonesian National Police 3/2019”).

[3] Article 3 section (1) Regulation of the Chief of the Indonesian National Police 3/2019.

[4] Article 1 letter b Regulation of the Minister of Transportation Number PM 37 of 2020 on the Operation of Unmanned Aerial Vehicles in Airspace Served in Indonesia (“Regulation of the Minister of Transportation 37/2020”).

[5] Point 2.1.1.1 Annex of Regulation of the Minister of Transportation 37/2020.

[6] Article 1 letter c Regulation of the Minister of Transportation 37/2020.

[7] Point 2.1.1.2 Annex of Regulation of the Minister of Transportation 37/2020.

[8] Point 2.2.1 jo. 2.2.2 letter a Annex of Regulation of the Minister of Transportation 37/2020.

[9] Point 2.2.1 jo. 2.2.2 letter b Regulation of the Minister of Transportation 37/2020.

[10] Article 7 section (2) letter c Government Regulation 4/2018 and its elucidation.

[11] Article 1 letter f Regulation of the Minister of Transportation 37/2020.

[12] Point 2.3 Annex of Regulation of the Minister of Transportation 37/2020.

[13] Sub-section B number 107.45 Annex of Regulation of the Minister of Transportation Number PM 63 of 2021 on Civil Aviation Safety Regulation Part 107 on Small Unmanned Aircraft Systems, p. 24.

[14] Point 3.13 Annex of Regulation of the Minister of Transportation 37/2020.

[15] Point 4.5 letter j Annex of Regulation of the Minister of Transportation 37/2020.

[16] Point 6.1 letter d and 6.2 Annex of Regulation of the Minister of Transportation 37/2020.