Dewa Gede Sudika Mangku
Postgraduate Master of Laws Program, Ganesha University of Education, Indonesia

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Accountability Gap of Private Military Companies: A Multi-Level Responsibility Mode Putu Krisna Devi Maharani; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku
Journal of Law, Politic and Humanities Vol. 6 No. 6 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i6.3744

Abstract

The proliferation of Private Military Companies (PMCs) in contemporary armed conflict has produced an accountability vacuum that the existing international legal architecture struggles to address. This article argues that the gap is structural, arising from three interlocking deficiencies: a personality gap (PMCs correspond to no recognized category of international legal subject), a jurisdictional gap (international criminal law excludes corporate entities from its personal jurisdiction), and a contractual gap (status-of-forces and procurement arrangements neutralize host-state jurisdiction). Using a normative-prescriptive method integrating statutory, case-based, and conceptual analysis, the study examines four representative cases Blackwater at Nisour Square, Al-Shimari v. CACI, Executive Outcomes, and the Wagner Group to show how each dimension operates in practice. It then advances a multi-level responsibility model integrating state responsibility under the respect–protect–fulfil doctrine and heightened due diligence, individual criminal responsibility under Article 28(b) of the Rome Statute, and binding corporate due diligence operationalized through procurement contracts. The framework relies entirely on existing international legal materials and requires no new treaty-making. The principal finding is that the accountability gap, though structural, is addressable through the integrated deployment of normative resources already present within the international legal order. The novelty of this study lies in its integration of three previously siloed strands of PMC accountability scholarship like the doctrine of international legal personality, the jurisdictional architecture of international criminal law, and the due diligence framework of business and human rights law, into a single multi-level responsibility model derived entirely from existing international legal materials, with an original extension of that model to the Indonesian domestic legal order.
Legal Certainty of Personal Data Protection in Indonesia: A Legal Analysis of the Implementation of Law No. 27 of 2022 I Putu Balarama Mahesa Putra; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku
Journal of Law, Politic and Humanities Vol. 6 No. 6 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i6.3746

Abstract

The development of information technology has triggered an increase in incidents of digital data exploitation, prompting the birth of Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) as the main legal instrument (lex specialis). This research aims to analyze the legal certainty of personal data protection after the full enactment of the PDP Law and identify juridical obstacles in its implementation in Indonesia. The research method used is normative law (doctrine) with a statutory approach and a conceptual approach. The research results show that the PDP Law has provided a strong normative framework by emphasizing the rights of data subjects, the obligations of data controllers, as well as strict administrative and criminal sanctions. However, the principle of legal certainty is still hampered by the lack of formalization of the independent PDP Authority Supervisory Institution in accordance with the mandate of Article 58, as well as the incomplete completion of several crucial derivative regulations. This condition triggers temporary dualism of supervision and hampers the optimization of corporate sanctions enforcement. This research concludes that accelerating the formation of the Presidential Regulation on PDP Bodies and strengthening the competence of Data Protection Officers (DPO) in each sector is an absolute prerequisite for realizing just legal certainty in Indonesia’s digital space.