Open Access DRIVERset
Vol. 1 No. 3 (2026): Legitimacy: Journal of Law and Islamic Law

The Impact of Technological Advancements on Criminal Law Amidst Global Digitalization




Article Info

Publish Date
31 Jan 2026

Abstract

This study analyzes the transformative impact of global digitalization, specifically Artificial Intelligence and the Metaverse, on criminal law doctrines. Utilizing a normative-juridical approach, it critically examines the United Nations Convention Against Cybercrime 2024 as a pivotal yet controversial instrument affecting state sovereignty and human rights through expanded passive personality jurisdiction. The research highlights the "jurisdictional creep" phenomenon and the complexities of establishing locus delicti in a borderless cyberspace. Contextualizing these global shifts within Indonesia, the analysis reveals significant vulnerabilities in domestic infrastructure, evidenced by recent ransomware attacks, and a regulatory disconnect between current national statutes and international standards. Consequently, this article advocates for a paradigm shift from rigid territorial positivism toward progressive legal enforcement strategies. It concludes that effective digital sovereignty requires harmonizing cross-border evidence mechanisms and strengthening judicial oversight to balance national security with individual privacy rights within an evolving transnational criminal ecosystem.

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