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All Journal Legal Standing : Jurnal Ilmu Hukum Jurnal Ilmu Hukum KYADIREN Literatus LEGAL BRIEF Jurnal Yustitia Jurnal Literasi Pengabdian dan Pemberdayaan Masyarakat
Purwandi, Agustri
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Journal : LEGAL BRIEF

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The existence of arbitration verdict cancellation efforts regarding final and binding characteristics Camelia, Noer Dini; Lutfiadi, Lutfiadi; Heryanti, Febrina; Wardani, Win Yuli; Purwandi, Agustri
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

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Abstract

The arbitration verdict must include a verdict implementation period. It is based on the arbitration verdict characteristics based on Article 60 AADR LAW (Law on Arbitration and Alternative Dispute Resolution), namely that an arbitration verdict is final, has permanent legal force, and is binding on both parties; therefore, the legal consequences do not only apply to the parties who are arbiter but also arbitration verdicts cannot be further tested for legal consequences by other institutions. However, the provisions of Article 60 AADR LAW are followed by the provisions of Article 70 AADR LAW, which allows for arbitration verdict cancellation by the District Court as in Article 71 AADR LAW. Hence, this research aims to determine the binding power of an arbitration verdict and the District Court’s authority in canceling an arbitration verdict. The research methodology was normative research with statutory and conceptual approaches. The research results stated that efforts to cancel the arbitration verdict by the District Court had implications for the loss of the final and binding characteristics of the arbitration verdict. Efforts to cancel the arbitration verdict required to reconsider its existence
Application of Vicarious Liability Principles to Losses from the Use of Artificial Intelligence (AI) from a Civil Law Perspective Camelia, Noer Dini; Wardani, Win Yuli; Purwandi, Agustri; Ayuni, Alfika Putri; Aini, Nur Jannatul
LEGAL BRIEF Vol. 14 No. 6 (2026): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1518

Abstract

The existence of Artificial Intelligence (AI) as an artificial intelligence system not only provides many benefits but can also cause losses in its use if the AI produces an error that causes harm to others. The occurrence of losses due to the use of AI is certainly related to who is responsible and what form of liability is incurred for the losses caused. The purpose of this study is to determine the form of liability for the use of AI that causes harm based on the principle of vicarious liability or substitute liability. The research method used in this study is normative legal research with a statute approach and a conceptual approach. The results of the study show that, from a civil law perspective, AI cannot be categorized as a legal subject, whereby actions performed by AI are not legal actions that can be held liable. Therefore, the form of liability that can be applied to losses arising from the use of AI is the application of the principle of vicarious liability. In civil law, liability can generally take the form of unlawful acts (Article 1356 of the Civil Code) and vicarious liability (Article 1367 of the Civil Code). The principle of vicarious liability is contained in the provisions of Article 1367 of the Civil Code, which is a form of vicarious liability to another party who is responsible for the actions of another party under their responsibility. Thus, the principle of vicarious liability can be applied in fulfilling the need for a form of liability for losses arising from the use of AI before there are regulations that specifically regulate AI
Co-Authors ACHMAD RIFAI Aini, Nur Jannatul Arianti, Melisa Ariyanto, Rio Febri Ayuni, Alfika Putri Camelia, Noer Dini Dwi CAS, Insana Melia Gatot Subroto Heryanti, Febrina Ismail, Mahsun Lutfiadi, Lutfiadi Mohammad Fahrur Rozi Pakendek, Adriana Pratama, M. Thoriq Maulidi R., Mohammad Ilham A. Royana, Dila Saputri, Arimurtika Fajariyah Sugeng Santoso Suhaimi Suhaimi Wahyono, Sapto Wardani, Win Yuli Wulandari, Safitri