Formulation of Establishment and Cooperation of Private Military Company with TNI as An Effort to Protect State Sovereignty

Abstract

Private Military Companies (PMC) is a private company that provides military and security guard services for military supporters in a professional manner not for personal gain but to maintain the national interest of a nation. The existence of PMC, which is often equated with mercenaries is refuted by international humanitarian law because does not meet the elements that define mercenary so that its legality is in a gray area and can still be used legally. This is an opportunity for the establishment of regulations regarding PMC to optimizing the state resilience. In the national scope, it is necessary to regulate PMC cooperation with the TNI in order to maintain Indonesia's national interest to the fullest. The type of research used in legal writing is normative juridical with statutory approach and conceptual approach. The results of this study found that modern warfare has made PMC assistance is useful for maintaining Indonesia's resilience in a state of danger where the status of civilians must shift to the reserve component as well as other assistance and other military need. Through this phenomenon, the formulation of PMC's establishment and cooperation with the TNI is important if the times come when this services needed.