When Global Counter-Terrorism Meets Domestic Law

Abstract

This article examines how global terrorism concerns are translated into domestic legal norms through an intermestic lens and the capillarity of ideas. The capillarity of ideas refers to the subtle flow of policy ideas, standards, and practices from international arenas into domestic governance via policy networks, epistemic communities, technical assistance, media, and law enforcement institutions. Using a normative socio-legal approach and document analysis, the study addresses three issues. First, the global counter terrorism architecture, including United Nations Security Council resolutions, the United Nations strategy, and risk assessment standards. Second, the capillary channels that shape legal definitions, mandates, and enforcement procedures. Third, the rule of law consequences that arise when preventive and security logics expand state powers. Drawing on Indonesia as an illustrative case, the article argues that zero attack narratives and declining arrests do not automatically eliminate the risk of eroding legality, accountability, and rights protection, particularly in areas such as early intervention, digital surveillance, and the expanding role of security actors. The article proposes a rule of law assessment framework and policy design safeguards to strike a balance between the effectiveness of prevention and the need for legal certainty, judicial control, and social recovery for victims and vulnerable groups.