Journal of State Public Policy (JSPP)
Vol. 1 No. 3 (2026): Journal of State Public Policy

Foreign Investment in Digital Infrastructure: State Control, Risk Mitigation, and Data Sovereignty

Cut Tiara Sekar Maharani (Faculty of Law, University of Indonesia, Indonesia)



Article Info

Publish Date
31 May 2026

Abstract

The exponential shift of global foreign direct investment toward digital infrastructure prompts host states to enforce stringent screening mechanisms and data localization policies to safeguard critical national security interests. However, these sovereign assertions inevitably clash with international investment law. Using a comprehensive doctrinal legal method through statutory, conceptual, and comparative approaches, this study examines the tension between digital sovereignty and investment protections. The results indicate that mandatory data localization and post-establishment cybersecurity interventions significantly breach Fair and Equitable Treatment standards and constitute indirect expropriation, exposing host states to massive international investor-state dispute settlement claims. Consequently, this research concludes that developing jurisdictions, particularly Indonesia, must urgently reconstruct their bilateral investment treaties. By systematically integrating specific digital security exceptions, strictly redefining intangible digital assets, implementing proportional risk-based screening, and guaranteeing independent administrative due process, host states can effectively mitigate arbitration risks while securely facilitating global digital economic market integration and data sovereignty.

Copyrights © 2026






Journal Info

Abbrev

jspp

Publisher

Subject

Description

Journal of State Public Policy (JSPP), published triannually (April, August, and December) by Cerdas Pedia, is a peer-reviewed, open-access academic journal dedicated to the rigorous analysis of public policy formulation, state administration, and legal regulatory frameworks. Serving as a critical ...