Alrizka Putra Kusuma Permana
Universitas Airlangga

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Tanggung Gugat Hukum atas Kerugian yang Ditimbulkan oleh AI Ilham Firdaus Putra Budaya; Alrizka Putra Kusuma Permana
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 4 No. 4 (2024): Desember: Jurnal Pendidikan dan Sosial Humaniora
Publisher : AMIK Veteran Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v4i4.10899

Abstract

The rapid development of Artificial Intelligence (AI) has reshaped the relationship between humans, technology, and legal responsibility. As AI systems become increasingly autonomous and capable of making independent decisions, new challenges arise regarding who should bear liability when such systems cause harm. In Indonesia, the prevailing framework of civil liability particularly Article 1365 of the Civil Code, which relies on the element of fault proves insufficient to address situations in which AI actions cannot be directly traced back to human intention. This gap often results in uncertainty and a vacuum of liability for affected individuals. Using a normative legal research approach, this article examines these limitations and compares them with emerging international frameworks, including strict liability models, mandatory insurance schemes, and the risk-based regulatory structure embedded in the European Union’s Artificial Intelligence Act. The analysis highlights the urgent need for Indonesia to develop a comprehensive legal framework that specifically governs AI-related liability, incorporating principles of transparency, human oversight, and adequate consumer protection. Such regulatory reform is essential not only to fill existing legal gaps but also to ensure that technological innovation progresses in a responsible and ethically grounded manner.