Artificial Intelligence in the Perspective of Indonesian Law: Subject or Object of Law?
Didi Jubaidi, Khoirunnisa Khoirunnisa
Asian Journal of Education and Social Studies · pp. 302–314 · Published 27 Nov 2024
10.9734/ajess/2024/v50i111655Abstract
The rapid development of artificial intelligence (AI) technology has presented new challenges in the field of law, particularly regarding its status as a legal subject or object in Indonesia. What is the legal position of artificial intelligence (AI) in Indonesia and what legal implications arise regarding its regulation as an object or subject of law in the Indonesian legal system? The purpose of this study is to explore and determine the legal position of AI in Indonesia, as well as analyze the legal implications that may arise from this status. This research uses a qualitative approach with normative legal research methods and comparative analysis. Data was obtained through a literature review that included national laws and regulations, international legal documents, and related academic literature. The results show that in the Indonesian legal system, AI is currently considered more as a legal object, without a personification status that allows recognition as a legal subject. This leads to various consequences, including liability issues in cases of harm caused by AI actions. This study also found that there are gaps in AI- specific regulations, creating room for debate on whether or not legal policy changes are needed to support AI as partial legal subjects or entities with limited liability. In conclusion, AI in Indonesian law is still positioned as a legal object with inadequate regulations to address the complexity of AI use in various sectors. There is a need to develop adaptive legal policies and a clearer regulatory framework to address the ethical challenges and legal responsibilities in this digital era. This research recommends legal reforms that consider a multidisciplinary approach and the precautionary principle to maximize the potential of AI without compromising legal protection for society.
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