THE MYTH OF LEGAL SOVEREIGNTY IN CYBERSPACE: WHY INDONESIA’S CYBERTERRORISM LAW IS A JURISDICTIONAL ILLUSION

Povzetek

This article critically examines Indonesia’s jurisdictional claims over cross-border cyberterrorism through the lens of international law, employing a conceptual analysis and a comparative approach with the United States and European Union. The research problem arises from Indonesia’s reliance on domestic legislation to assert extraterritorial jurisdiction without adequate grounding in binding international norms or active participation in global norm-setting processes. The methodological framework combines a doctrinal normative legal method with conceptual reasoning to assess the theoretical basis of sovereignty in cyberspace, and comparative analysis to evaluate alternative jurisdictional models. Findings reveal that Indonesia’s approach constitutes a jurisdictional illusion, a projection of digital sovereignty lacking both legitimacy and enforceability under international law. In contrast, the United States and European Union secure jurisdictional authority through alignment with international norms, multilateral cooperation, and adherence to the principle of non-intervention.