Civil Liability Regime for Artificial Intelligence in Indonesia: Become a Future Legal Subject?

Abstract

On the one hand, the development of Artificial Intelligence ("AI") today has had such a significant impact on the lives of modern society that its emergence began to use widely. However on the other hand, AI existence raises the problem of liability if there is a loss during its use. Determining accountability has given rise to a serious debate between objective and subjective approaches to AI to be given the legal subject and rejected otherwise. The purpose of this article is to analyze how AI does base on current Indonesian law, its civil liability in the event of harm by comparing the EU and Japan, and whether AI in Indonesia could be a legal subject in the future. Using normative legal research methods with statutory approaches, comparative approaches, and conceptual approaches, this article finds: (i) AI under Indonesian law is currently an electronic agent, so it cannot be the legal subject and its civil liability based on the principle of negligence liability by the organizer as long as it is not the fault of its users; (ii) Indonesia is currently still using an objective approach and for the future regarding the possibility of change into a legal subject only occurs if there is a national law and international agreement to place AI in law through a subjective approach.

Criminal Liability about the Use of Artificial Intelligence: Investigating the Actus Reus Element of AI-driven Technology

“…At the end of 2014, a collection of objects, including a scanned passport and a Visa Platinum card, as well as phoney jeans and baseball caps outfitted with hidden cameras, were collected into an exhibition and displayed 50 . However, there was a glitch: the robot accomplished one of its shopping sprees by buying a bag of ecstasy pills undesirably.…”

Sosyal Fayda için Yapay Zeka

“…Son zamanlarda yapılan çalışmalar YZ temelli karar vermenin adalet, hesap verebilirlik ve şeffaflığın korunmasında önyargılara ve zorluklara yol açabileceğini göstermektedir (Shrestha vd., 2019). Yine, YZ'nin karar almada kullanılması, manipülasyon, ayrımcılık ve gizlilik ihlalleri ile ilgili konular da dahil olmak üzere bireyler ve toplum üzerindeki daha geniş etkisi hakkında endişelere yol açmıştır (Pratama ve Kharisma, 2022).…”