Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No S2 (2026): Special Issue

Constitutionalizing Digital Sovereignty: State Control Over Data Infrastructure and Its Implications for Fundamental Rights

Andi Syadi Pratama Putra (Faculty of Law, University of Dr. Soetomo)
Abriantinus (Faculty of Law, University of Dr. Soetomo)
Yovan Iristian (Faculty of Law, University of Dr. Soetomo)



Article Info

Publish Date
29 Aug 2026

Abstract

The digital transformation of global society has fundamentally reshaped the intersection between state authority, technological infrastructure, and individual rights. Historically conceptualized through physical land borders and territorial jurisdiction, state sovereignty is increasingly projected into cyberspace as governments seek to reassert control over data flows, physical network architecture, and digital service providers. This research paper examines the constitutionalization of digital sovereignty, critically analyzing how state control over data infrastructure impacts fundamental human rights. Utilizing a qualitative normative-legal research methodology integrated with comparative constitutional law analysis, the study addresses two core discussion themes: first, the theoretical, doctrinal, and infrastructural foundations of digital sovereignty, evaluating how states deploy data localization mandates, national domain filtering, and sovereign cloud initiatives to resist foreign platform dominance and digital colonialism; and second, the severe human rights implications of state-centric data infrastructure control, focusing on constitutional threats to privacy and freedom of expression. By examining empirical regulatory frameworks—most notably Indonesia's Ministerial Regulation No. 5/2020 on Private Electronic System Operators alongside broader international practices—this article illustrates how broad administrative take-down powers, mandatory backend access, and infrastructure blocking undermine democratic checks and balances. Ultimately, the paper argues for the imperative of digital constitutionalism, a normative framework that subjects state infrastructure control to strict judicial oversight, procedural due process, and the constitutional principle of proportionality.

Copyrights © 2026






Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...