Radhityas Kharisma Nuryasinta
Faculty of Law, University of Muhammadiyah Malang, Indonesia

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The Lex Semper Dabit Remedium Principle in Copyright Works by Artificial Intelligence Fadjar Ramdhani Setyawan; Radhityas Kharisma Nuryasinta; Trisno Trisno; Naeem AllahRakha
Indonesia Law Reform Journal Vol. 6 No. 1 (2026): March 2026
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v6i1.43818

Abstract

The development of Artificial Intelligence (AI) has brought significant implications to the Intellectual Property Rights (IPR) system, especially in the context of the creation of works produced independently by AI technology. This phenomenon challenges Indonesia's positive legal construction which remains based on an anthropocentric paradigm by placing humans as the sole creator subjects. This article analyses the legal standing of AI-generated work in Indonesia's IPR regime and examines the urgency of legal certainty for the works from the perspective of the adage lex semper dabit remedium. Employing a normative juridical method with a legal approach, this research reviewed Law Number 28 of 2014 concerning Copyright, Law Number 13 of 2016 concerning Patents, Law Number 11 of 2008 concerning Electronic Information and Transactions,and constitutional provisions in the 1945 Constitution of the Republic of Indonesia. The results of the study show that the works created by AI substantially meet the criteria for the object of IPR protection, but have not obtained legal certainty due to the absence of regulations regarding the subject of creators and rights holders. This condition creates legal loopholes, potentially causing uncertainty and legal disputes. Based on the principle of lex semper dabit remedium, the law must provide solutions and protection for every real legal interest. Therefore, this article emphasises the urgency of reformulating IPR laws that are adaptive and responsive to the development of AI to ensure legal certainty, justice, and legal utility in the digital era.