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Compensation for Damages Caused by Artificial Intelligence under Indonesian Civil Law Rai Mantili; Sherly Ayuna Putri; Efa Laela Fakhriah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5164

Abstract

Artificial intelligence (AI) is a technology that refers to the simulation of human intelligence programmed into electronic devices to think like humans and mimic human actions. The rapid development of AI has sparked debates in the legal field, particularly when errors occur and cause harm to the public. Currently, Indonesian law does not explicitly regulate legal protection for a party who suffers material or immaterial damages due to errors caused by AI. This research aims to contribute to the development of civil law discourses through a normative and descriptive approach. The data used are secondary data, and a qualitative method is used to analyze and present the data descriptively. The research finds that there are no specific regulations governing liability for material or immaterial damages resulting from AI activities. The conclusion drawn is that AI cannot be considered a legal subject and lacks control over its actions and intent. Therefore, the burden of compensation for errors caused by AI falls on the creators and users of AI, as stipulated under Article 1365 of the Civil Code and Article 1367 of the Civil Code, which states that: "A person is not only liable for losses caused by their own actions but also for losses caused by the actions of those for whom they are responsible or by goods under their supervision."
Restorative Justice in Law Enforcement of Banking Crimes : How it's Works? Harrieti, Nun; Mantili, Rai; Bunga, Dewi; Manap, Norhoneydayatie Abdul
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.27715

Abstract

The escalating complexity of contemporary banking crimes is fundamentally catalyzed by the rapid evolution of digital technologies and the extensive globalization of financial transaction.   The Financial Services Authority's Annual Report shows an increase in the number of resolved banking crimes in 2023, from 13 (thirteen) cases to 18 (eighteen) in 2024. The principle of restorative justice, which prioritizes restoring the condition of the injured party, has become a new concept in enforcing banking crime law, apart from the criminal sanctions that has been applied. It is of particular interest to undertake research regarding how the principle of restorative justice is applied in the current law enforcement of banking crimes. This research engages normative juridical approach with analytical descriptive specifications. The application of the restorative justice principle in enforcing banking crime law is through a non-prosecution mechanism which provides an opportunity for parties suspected of committing banking crimes at the investigation stage to apply for resolution of violations of laws and regulations in the banking sector to the Financial Services Authority. Once the Financial Services Authority investigator approves the application, the applicant is obliged to carry out the agreement (non-prosecution agreement) including paying compensation and then the case is stopped and not continued to the investigation stage. The establishment of transparent standards and objective benchmarks is imperative for the Financial Services Authority in adjudicating settlement petitions for violations to guarantee legal certainty.
Pengaturan Dan Pengawasan Praktik Kursus Veneer Gigi Pada Salon Kecantikan Di Indonesia Alya Hasna Yogasara; Nyulistiowati Suryanti; Rai Mantili
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 1 No. 3 (2023): Agustus : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v1i3.458

Abstract

The aesthetic practice of dental veneers is rapidly becoming popular in Indonesia regardless of their economic background. High market demand if offset by very low prices can guarantee a large turnover. So this has given rise to many new business people who are interested in getting certification of expertise through dental veneer courses that do not have valid certificates and permits from the government. The purpose of this research is to determine the regulation and supervision of beauty salons that offer dental veneer courses. This research, which was carried out in this writing, uses normative juridical research methods with basic materials obtained through primary and secondary legal materials. Based on the research results, it can be concluded two things. First, Veneer Course Providers use materials and curricula that are not in line with dental medical standards so that the organizers of this non-formal education unit can be criminally charged regarding misappropriation of education provision in Article 71 and Article 67 paragraph 1 of Law No. 20 of 2003 Concerning the National Education System. Second, the government has a legal product of supervision of formal education units, namely in Article 66 of Law Number 20 of 2003 concerning the National Education System and regarding the running of beauty salons in the Regulation of the Director General of Nutrition and Maternal and Child Health Number HK.01.01/BI.4 /4051/2011 Concerning Guidelines for Organizing Beauty Salons in the Health Sector. However, in practice it is still necessary to increase government action, bearing in mind that dental veneer courses by beauty salons are a source of problems for the emergence of non-certified dental veneer businesses in the community.