Heru Wardoyo
Fakultas Hukum Universitas Muhammadiyah Palu

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Analisis Yuridis Penggunaan Artificial Intelligence dalam Aktivitas Bisnis Digital di Indonesia: Tantangan Regulasi dan Kepastian Hukum Heru Wardoyo
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 02 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 02 Tahun 2026 (Februari-Juli)
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i02.1563

Abstract

This study aims to analyze the legal regulation of the use of Artificial Intelligence (AI) in digital business activities in Indonesia, identify the regulatory challenges encountered, and formulate an ideal legal framework to ensure legal certainty in the utilization of AI technology. The research addresses two main issues: (1) how the use of AI in digital business activities is currently regulated in Indonesia, and (2) what regulatory challenges exist and what ideal legal framework can be developed to achieve legal certainty in the use of AI. This research employs a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach. The legal materials consist of primary legal sources in the form of legislation and secondary legal sources, including scholarly literature, scientific journals, and relevant policy documents. The findings reveal that Indonesia has not yet enacted a specific regulation governing the use of AI in digital business activities. Existing legal provisions are dispersed across several regulations, including the Law on Electronic Information and Transactions, the Personal Data Protection Law, Government Regulation Number 71 of 2019, and the Consumer Protection Law. Consequently, these regulations have not been able to provide comprehensive legal certainty regarding AI utilization. The regulatory challenges include delays in legal development, the absence of AI risk classification, issues related to algorithmic transparency, personal data protection concerns, and unclear legal liability mechanisms. Therefore, the government is encouraged to establish a dedicated AI regulatory framework based on a risk-based approach, ensuring transparency and accountability, supported by effective oversight mechanisms to create legal certainty in digital business activities.
Rekonstruksi Perlindungan Hukum UMKM Dalam Hubungan Bisnis Dengan Korporasi Heru Wardoyo
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1522

Abstract

This study aims to examine and analyze the legal protection framework for Micro, Small, and Medium Enterprises (MSMEs) in business relationships with corporations, as well as to formulate an ideal reconstruction of legal protection to ensure fairness and balance between the parties. This research employs a normative legal method with a descriptive-analytical nature. The approaches used include statutory and conceptual approaches. The sources of legal materials consist of primary and secondary legal materials. The collection of legal materials was conducted through library research, while the analysis was carried out qualitatively. The results indicate that legal protection for MSMEs in business relationships with corporations remains partial and has not been specifically formulated within a comprehensive regulatory framework. Existing regulations still rely largely on general contract law norms that presume equality between parties. In practice, such assumptions often do not reflect the actual bargaining positions between MSMEs and corporations. Therefore, the reconstruction of legal protection should be directed toward strengthening the principle of contractual fairness, proportionally limiting the principle of freedom of contract, developing more protective standard contracts, providing accessible dispute resolution mechanisms, and reinforcing the state’s role in regulating and supervising MSME–corporate partnerships. Such reconstruction is expected to foster more equitable and sustainable business relationships for MSMEs.