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THE CRIMINAL LIABILITY OF ARTIFICIAL INTELLIGENCE: IS IT PLAUSIBLE TO HITHERTO INDONESIAN CRIMINAL SYSTEM? Rahman, Rofi Aulia; Habibulah, Rizki
Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

The pace of technology evolution is very fast. The technology has brought us to the limitless world and becoming our ally in every daily life. The technology has created a visionary autonomous agent that could surpass human capability with little or without human intervention, called by Artificial Intelligence (AI). In the implementation of AI in every area that could be in industrial, health, agriculture, artist, etc. Consequently, AI can damage individual or congregation life that is protected by criminal law. In the current Indonesian criminal system, it just acknowledges natural person and legal person (recht persoon) as the subject of law that can be imposed by criminal sanction. Hitherto and near foreseeable future AI has a notable role in every aspect, which affects also criminal aspects due to the damage resulted. AI has no sufficient legal status to be explained in the Indonesian criminal system. In this paper, the author will assess whether the current criminal system of Indonesia can sue the criminal liability of artificial intelligence, and also will make it clear to whom the possibility of criminal liability of artificial intelligence shall be charged.

Calon Tunggal Pilkada: Krisis Kepemimpinan dan Ancaman Bagi Demokrasi Rofi Aulia Rahman; Iwan Satriawan; Marchethy Riwani Diaz
Jurnal Konstitusi Vol 19, No 1 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

The single candidate became a political phenomenon in Indonesia. However, the phenomenon rarely happens, consistently increasing the number of single candidates in the local election. This research aims to analyze whether this political phenomenon alerts democracy decadency or a typical circumstance in a democratic state. The method used in this research is doctrinal legal research. The result shows several reasons the single candidate consistently increases from event-to-event sort of an epidemic virus that could spread across the province. Some factors supporting the rise of the single-candidate phenomenon, for instance, the local parliamentary threshold of proposing the candidate, public distrust to the political parties, disfunction of a political party to giving a political education for its members and constituents, and the political parties tend to avoid the political risks of losing (incumbent). Finally, this single candidate phenomenon is a bad alert for democracy development, notably in the local area.

THE CRIMINAL LIABILITY OF ARTIFICIAL INTELLIGENCE: IS IT PLAUSIBLE TO HITHERTO INDONESIAN CRIMINAL SYSTEM? Rofi Aulia Rahman; Rizki Habibulah
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 2 (2019): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

The pace of technology evolution is very fast. The technology has brought us to the limitless world and becoming our ally in every daily life. The technology has created a visionary autonomous agent that could surpass human capability with little or without human intervention, called by Artificial Intelligence (AI). In the implementation of AI in every area that could be in industrial, health, agriculture, artist, etc. Consequently, AI can damage individual or congregation life that is protected by criminal law. In the current Indonesian criminal system, it just acknowledges natural person and legal person (recht persoon) as the subject of law that can be imposed by criminal sanction. Hitherto and near foreseeable future AI has a notable role in every aspect, which affects also criminal aspects due to the damage resulted. AI has no sufficient legal status to be explained in the Indonesian criminal system. In this paper, the author will assess whether the current criminal system of Indonesia can sue the criminal liability of artificial intelligence, and also will make it clear to whom the possibility of criminal liability of artificial intelligence shall be charged.

Fake News and Internet Shutdowns in Indonesia: Symptoms of Failure to Uphold Democracy Rofi Aulia Rahman; Shu-Mei Tang
Constitutional Review Vol 8, No 1 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/consrev816

The Indonesian government limited or shut down internet access during separate riots in Jakarta and Papua in 2019. The justification for blocking the internet and disabling certain features of social media platforms was to quell the unrest by ceasing the spread of fake news. Nevertheless, the government did not declare a state of emergency in response to either situation, triggering debate on whether the internet restrictions had any strong constitutional basis or if they were out of proportion and unconstitutional. This study evaluates the government’s policy on internet shutdowns to reduce the spread of fake news amid riots, and explicates when the state of emergency “feature” might be activated. The research method of this article is a doctrinal legal approach, which critically examines whether the government policy was excessive, and to what extent a state of emergency can be implemented by minimum standard requirements. The result of this study shows the riots in Jakarta and Papua ought not be categorized as national threats; hence, the internet shutdown was out of proportion. Fake news is part of the price we pay for a free society; thus the article argues that an internet shutdown is not a proper way to combat fakenews. Furthermore, the government has failed to fulfill the minimum standards to justify the internet shutdowns. Access to the internet is a new face of democratic pillars, so blocking internet access without any sufficient legal instruments and correct constitutional interpretation might indicate symptoms of a failure to uphold democracy.

Calon Tunggal Pilkada: Krisis Kepemimpinan dan Ancaman Bagi Demokrasi Rofi Aulia Rahman; Iwan Satriawan; Marchethy Riwani Diaz
Jurnal Konstitusi Vol. 19 No. 1 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1913

The single candidate became a political phenomenon in Indonesia. However, the phenomenon rarely happens, consistently increasing the number of single candidates in the local election. This research aims to analyze whether this political phenomenon alerts democracy decadency or a typical circumstance in a democratic state. The method used in this research is doctrinal legal research. The result shows several reasons the single candidate consistently increases from event-to-event sort of an epidemic virus that could spread across the province. Some factors supporting the rise of the single-candidate phenomenon, for instance, the local parliamentary threshold of proposing the candidate, public distrust to the political parties, disfunction of a political party to giving a political education for its members and constituents, and the political parties tend to avoid the political risks of losing (incumbent). Finally, this single candidate phenomenon is a bad alert for democracy development, notably in the local area.

Constructing Responsible Artificial Intelligence Principles as Norms: Efforts to Strengthen Democratic Norms in Indonesia and European Union Rofi Aulia Rahman; Valentino Nathanael Prabowo; Aimee Joy David; József Hajdú
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 2 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Artificial Intelligence influences democratic norms and principles. It affects the quality of democracy since it triggers hoaxes, irresponsible political campaign, and data privacy violations. The study discusses the legal framework and debate in the regulation of Artificial Intelligence in the European Union legal system. The study is a doctrinal legal study with conceptual and comparative approach. It aims to criticize the current doctrine of democracy. The analysis explored the law on election and political party in Indonesia to argue that the democratic concept is outdated. On the other hand, the European Union has prepared future legal framework to harmonize Artificial Intelligence and democracy. The result of the study indicates that the absence of law on Artificial Intelligence might be the fundamental reason of the setback of democracy in Indonesia. Therefore, the Indonesian legal system must regulate a prospective Artificial Intelligence regulation and a new democratic concept by determining the new principles of responsible Artificial Intelligence into drafts of laws on Artificial Intelligence, election, and political party. Finally, the new laws shall control programmers, politicians, governments, and voters who create and use Artificial Intelligence technology. In addition, these legal principles shall be the guideline to prevent the harms and to mitigate the risks of Artificial Intelligence technology as well as the effort to strengthen democracy.DOI: https://doi.org/10.22304/pjih.v9n2.a5

European Union Work-Life Balance Directive: A Lesson for Indonesia Rofi Aulia Rahman; Aimee Joy David; Jumi Apriza; József Hajdú
Varia Justicia Vol 18 No 3 (2022): Vol 18 No 3 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i3.7732

The aim of this article is to compare the legal development of the work-life balance directive in the European Union (EU) and Indonesia. The objective of the Work-Life Balance Directive is to enhance the existing EU legal framework for family-related leave and flexible work arrangements. The directive includes the introduction of paternity leave (the equivalent second parent/parent will be able to take at least 10 working days of maternity leave around the birth of the child, compensated at least at the rate of sick pay); the strengthening of the right to leave for birth for 4 months and the right to request flexible leave (e.g., part-time or gradually); and the establishment of nursing leave (5 days/year) for workers caring for permanency-impaired relatives. This policy can serve as a model for Indonesia in terms of defending worker rights and promoting a healthy work-life balance. Nonetheless, the Indonesian legal framework governing the work-life balance remains obscure. Therefore, the Indonesian legal system must modify existing regulations and/or pass new laws to ensure the quality of working time and life are balance which gradually could impact to the families economic stability.

Peran Pemerintah Indonesia dan Taiwan dalam Menanggulangi Kasus Pekerja Migran Indonesia "Kaburan" Rofi Aulia Rahman; Andi Agus Salim; Rizaldy Anggriawan
Jurnal Wawasan Yuridika Vol 5, No 1 (2021): Maret 2021
Publisher : Sekolah Tinggi Hukum Bandung

Tujuan penelitian ini adalah untuk mengetahui alasan yang melatarbelakangi pekerja migran Indonesia di Taiwan kabur dari pekerjaannya. Di sisi lain, penelitian ini juga menganalisis upaya Pemerintah Indonesia dan Taiwan untuk melindungi pekerja migran Indonesia kaburan. Penelitian ini bersifat deskriptif dengan jenis yuridis normatif, menggunakan data primer dan sekunder, melalui pendekatan perundang-undangan. Pengumpulan data dilakukan melalui metode wawancara untuk mengkonfirmasi alasan pekerja migran Indonesia kaburan dan studi literatur, kemudian dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa terdapat faktor-faktor yang mengakibatkan pekerja migran kabur, yaitu kondusifitas lingkungan kerja dan profesionalitas pekerja. Selain itu, penelitian ini menunjukkan bahwa upaya Pemerintah Indonesia dan Taiwan masih belum maksimal dalam mencegah dan menanggulangi kasus pekerja migran Indonesia kaburan di Taiwan sehingga membutuhkan upaya perlindungan yang jelas dalam menanggulangi kasus tersebut.

Nexus Between Artificial Intelligence Technology and General Election Principles: Opportunities and Challenges Rofi Aulia Rahman Rofi; Hesti Armiwulan Hesti; Valentino Nathanael Prabowo Valentino
Asia-Pacific Journal of Elections and Democracy Vol. 3 No. 1 (2023): Asia-Pacific Journal of Elections and Democracy
Publisher : Association for Elections and Democracy (Perludem)

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Artificial intelligence (AI) technology influences the practice of elections in many countries since AI technology can influence a country's electoral result and process, as was the case in the 2016 U.S. presidential election, in which Donald Trump ended up winning. The use of AI technology in campaign activities that can effectively convince voters to vote for Trump is one of the reasons for his triumph. This event is also inextricably linked to AI-influenced election tactics in Indonesia, such as the deployment of bot accounts and deep fakes during the election. This situation occurred as a result of the election candidates' usage of AI technology. Such misuse of AI generates democratic challenges, specifically unfair elections. Therefore, it is necessary to create a robust framework to govern AI technology and its use in the Indonesian electoral process. The article addresses the following issues: (a) the development of AI technology and its nexus to elections; (b) the impact of AI technology on the election principles; (c) the urgency of regulating AI in elections; and (d) the opportunities and challenges of regulating AI technology in Indonesia's legal system. The article concludes that AI technology continues to pose a threat to democratic election principles if Indonesia does not provide sufficient legal instruments to address issues arising from the misuse of AI technology in Indonesia's election process.

Digital Labour Platformer’s Legal Status and Decent Working Conditions: European Union and Indonesian Perspective Rahman, Rofi Aulia; Hajdú, József; Nathanael, Valentino
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 1 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i1.10366

This article aims to provide the recent court decision on legal status and working conditions for the gig worker in European Union as well as a lesson for Indonesia through the EU’s notion on gig workers. The European Union (EU) Commission enacted in 2021 a draft Directive proposal to ensure Europe's gig (platform) workers enjoy the same labour rights as other traditional employees. This article employs doctrinal legal research with statutory and comparative approach, as well as court decision are considered as the main basis to protect gig workers. The result shows that the drafts Directive to ensure Europe’s gig workers is relied on Articles 16 and 153 (1)(b) of the Treaty on the Functioning of the EU (TFEU), on data protection and working conditions, respectively. It has the advantage of giving certainty about the minimum requirements and procedural obligations that Member States must apply in platform work relations. Courts of several EU MSs, including Belgium, France, Greece, Italy, the Netherlands, Portugal, Spain, and the UK, already ruled in favour of platform workers not qualifying as self-employed, obliging platforms to reclassify them as employees. Meanwhile, Indonesia's perspective on gig workers remains vague, and the minimal standards for gig workers are unbalanced in comparison to the EU's perspective on gig workers. This article introduces the main notions and provisions of the proposed EU platform work Directive and analyses the current conditions and legal framework of Indonesia in handling the issue of gig workers.

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