Manuscript Title
Formulation of Policies to Handle Deviations and Abuse of Artificial Intelligence
Author(s)
Dady Hartadi, Yos Johan Utama, Dedi Prasetyo
DOI Number: 10.5281/zenodo.10183624
Published: 23-11-2024
About The Author(s):
1. Daddy Hartadi - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. Yos Johan Utama - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. Dedi Prasetyo - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
Abstract
This study aims to examine (1) the regulation of Artificial Intelligence (AI) crimes in the current laws and regulations in Indonesia; (2) Legal problems in law enforcement against Artificial Intelligence (AI) crimes in Indonesia; (3) Future Legal Concepts on Artificial Intelligence (AI) Crime in Indonesia. The research method used is empirical juridical with a legislative approach, concepts, and case studies. The results of the study show that; (1) The regulation of Artificial Intelligence crimes in the current laws and regulations in force in Indonesia includes; the 1945 Constitution of the Republic of Indonesia; Criminal Code; Law of the Republic of Indonesia Number 19 of 2016 concerning amendments to Law number 11 of 2008 concerning information and electronic transactions; Law of the Republic of Indonesia Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2002 concerning the Eradication of Terrorism Crimes into Law; Law Number 12 of 2011 concerning the Establishment of Laws and Regulations; Law Number 28 of 2014 concerning Copyright; Law of the Republic of Indonesia Number 36 of 1999 concerning Telecommunications; Permenkominfo number 20 of 2016 concerning the Protection of Personal Data in Electronic Systems and other related regulations. (2) Legal problems in law enforcement against Artificial Intelligence (AI) crimes in Indonesia include; (a) There is no special regulation on the crime of Artificial Intelligence, (b) Artificial Intelligence is not a Subject of Law; (c) The Legal Object of Artificial Intelligence has a wide scope; (d) The legal liability of Artificial Intelligence is still difficult to prove between intentionality and negligence of users; (e) Forms of Crime Artificial Intelligence continues to develop its mode and role in line with technological advances. (3) The Future Legal Concept of Artificial Intelligence Crime in Indonesia can be a solution to several legal problems in law enforcement against artificial intelligence crimes in Indonesia, including the following: (a) the establishment of special legislation against artificial intelligence crimes, (b) the subject of Artificial Intelligence Law is an Artificial Intelligence user, both individuals and legal entities; (c) the regulation of Artificial Intelligence is adjusted to a broad Legal Object; (d) Further regulation of Artificial Intelligence Legal Liability between intentionality and negligence of users; (e) Synergy of Laws and Regulations Related to Artificial Intelligence Crime in accordance with the advancement of Technology and Information.
Keywords
Formulation, Policy, Handling, Deviation, Abuse, Artificial Intelligence