Cross-Border Cyberbullying Law Enforcement from a Cyber Law Perspective
DOI:
https://doi.org/10.36448/prolev.v8i1.336Keywords:
Cyberbullying, Cross-Border Crime, Cyber Law, Jurisdiction, Law EnforcementAbstract
Cross-border cyberbullying is a contemporary legal problem arising from the rapid development of information and communication technology, which increasingly blurs the territorial boundaries of state sovereignty through deterritorialization. Unlike conventional bullying, cyberbullying may be committed anonymously, disseminated instantly, preserved permanently through digital traces, and directed at victims located in different jurisdictions. This article examines the problems of criminal law enforcement against perpetrators of cross-border cyberbullying and evaluates the adequacy of national and international Cyber Law instruments in responding to such conduct. The research applies normative juridical legal research through statutory, comparative, and conceptual approaches. The analysis shows that law enforcement is obstructed by at least four interrelated issues: conflicts between state sovereignty and extraterritorial jurisdiction, differences in criminalization standards among states, the slow and formalistic operation of Mutual Legal Assistance and extradition mechanisms, and dependence on global digital platform providers for access to electronic evidence. These obstacles demonstrate that the borderless nature of cyberspace remains difficult to reconcile with conventional territorial criminal law. The article argues that Cyber Law requires a more functional and effects-based jurisdictional orientation, supported by the principle of reasonableness, international regulatory harmonization, stronger digital forensic capacity, and more responsive cooperation mechanisms. Such reconstruction is necessary to reduce legal loopholes and strengthen protection for victims of transnational cyberbullying.
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