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All Journal Kosmik Hukum Journal of Law and Legal Reform
Ratih Damayanti
Faculty of Law, Universitas Negeri Semarang, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Reimagining Criminal Liability in the Age of Artificial Intelligence: Toward a Comparative and Reform-Oriented Legal Framework Muhammad Azil Maskur; Ali Masyhar; Ratih Damayanti; Diandra Preludio Ramada; Subhra Sanyal
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.35540

Abstract

As artificial intelligence (AI) systems increasingly permeate decision-making processes across sectors—from autonomous vehicles to predictive algorithms in finance and law enforcement—traditional frameworks of criminal liability face unprecedented challenges. This article critically examines the adequacy of existing criminal law doctrines in attributing liability when harm arises from autonomous or semi-autonomous AI actions. It explores the tension between actus reus and mens rea in cases involving algorithmic behavior, and interrogates whether AI entities can or should be treated as legal subjects under penal law. Through a comparative legal analysis of jurisdictions including the United States, the European Union, Japan, and Indonesia, the study identifies divergent approaches to regulating AI-related harm and assigning culpability. The article highlights emerging models such as strict liability, vicarious liability, and hybrid regulatory frameworks, and evaluates their potential for adaptation within Indonesia’s evolving legal system. Special attention is given to the role of developers, corporations, and state actors in shaping accountability mechanisms. The paper concludes by proposing a normative framework for reimagining criminal liability in the age of AI—one that balances innovation with legal certainty, and integrates ethical safeguards, technological transparency, and procedural fairness. This framework aims to inform future legislative reform in Indonesia and contribute to global discourse on AI governance and criminal justice.
Balancing Double Jeopardy and Fair Trial: Upholding Human Rights in Indonesia’s Legal System Muhammad Azil Maskur; Ratih Damayanti; Wildan Azkal Fikri; Ridwan Arifin; Varun Chhachhar
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.26140

Abstract

This article explores the conflict between the principle of double jeopardy and the fair trial right, with a focus on Indonesia’s legal system. The fair trial principle, a cornerstone of international human rights law, guarantees individuals the right to a just and impartial legal process. However, Indonesia's Law No. 7/2017 and Government Regulations No. 11/2017 introduce provisions that seem to undermine this principle, particularly through the application of double jeopardy. This research employs normative or doctrinal legal methods, using a literature review to examine relevant theories, principles, and legal norms. The study concludes in three key findings: First, the fair trial principle, which includes elements like the ne bis in idem and una via principles, is a binding component of international human rights law that must be adhered to by state parties, including Indonesia. Second, the provisions on double jeopardy in Indonesian law, particularly within Law No. 7/2017 and Government Regulations No. 11/2017, violate human rights by compromising human dignity and not providing true justice. Third, to ensure the protection of the fair trial principle, Indonesia should abolish the double jeopardy provisions in these laws, adopting a “one punishment for one act” approach, where further penalties should serve as guidance rather than retribution. This research contributes to the ongoing discourse on the intersection of human rights, legal reform, and justice in Indonesia, advocating for necessary legal changes to better protect individuals' rights in the criminal justice system.
Co-Authors Ali Masyhar Diandra Preludio Ramada Muhammad Azil Maskur Ridwan Arifin Subhra Sanyal Varun Chhachhar Wildan Azkal Fikri