Ipso Jure
Vol. 3 No. 4 (2026): Ipso - May

Law Enforcement Against Transnational Cybercrime:Jurisdictional Problems and Regulatory Harmonization

Rahmatilah Rahmatilah (Dosen UIN Alauddin Makassar)



Article Info

Publish Date
30 May 2026

Abstract

The rapid development of information and communication technology has given rise to the phenomenon of transnational cybercrime, which challenges conventional criminal law, particularly the doctrine of territorial jurisdiction. This article aims to critically analyze the jurisdictional issues in law enforcement against transnational cybercrime and the urgency of regulatory harmonization at the global and regional levels. Using normative legal research methods based on statute, comparative, and conceptual approaches, this study finds that jurisdictional conflicts between countries constitute a structural obstacle stemming from the incompatibility between the concept of territorial state sovereignty and the borderless nature of cybercrime. Furthermore, harmonization efforts through the Budapest Convention have not achieved universal acceptability due to resistance from developing countries that view it as a Western instrument. Indonesia, as a country with high internet penetration, faces a dual challenge: limited domestic regulations and the absence of ratification of relevant international legal instruments. This study concludes that effective law enforcement against transnational cybercrime necessitates reform of international criminal law through an inclusive multilateral approach, strengthening of mutual legal assistance mechanisms, and transforming the jurisdictional paradigm from the principle of territoriality to the contextual effects doctrine principle.  

Copyrights © 2026






Journal Info

Abbrev

IJJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ipso Jure is an international, peer-reviewed, open access journal dedicated to advancing scholarly research and discourse in the field of law, with a particular emphasis on the principles of the rule of law. The journal aims to provide a platform for academics, legal practitioners, policymakers, and ...