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All Journal Ex Aequo Et Bono Journal of Law Delicti : Jurnal Hukum Pidana Dan Kriminologi
Gusti, Mahesa Cakra
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Law, Crime, Criminology & Criminal Justice

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Exploring the potential crimes and legal liability of artificial intelligence within the framework of Indonesian criminal law Mahmuda, Adria Fathan; Gusti, Mahesa Cakra; Anrusfi, Faruq
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 2: (January) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i2.2025.1385

Abstract

Background: This research examines the potential criminal offenses that can be committed by Artificial Intelligence (AI) and the implications of criminal law liability for them in the context of Indonesian law. AI, which is increasingly developing with its autonomous capabilities, has the potential to result in new criminal offenses that have not been fully anticipated by the existing legal system. Potential AI crimes, such as deepfakes and criminal offenses by autonomous vehicles, represent a significant threat to public safety and privacy. While some developed countries have begun to regulate the use of AI, Indonesia does not yet have specific regulations governing AI and its potential threats. Method: This research uses a juridical-normative method with conceptual, case, and statutory approaches, to analyze the concept of criminal liability in AI crimes. Findings: By considering legal doctrines, this research proposes that responsibility for the actions of AI, which cannot yet be considered an independent legal subject, should be transferred to humans as developers or users through the doctrines of in loco parentis and Vicarious Liability. Through this approach, AI is treated as a human-controlled tool, so legal liability remains with the entity that has direct control. Conclusion: This study expects proactive steps from the Indonesian government to develop clear regulations on AI, to ensure the protection of the public from the risks posed by AI. The regulation should be able to accommodate the rapid development of technology while educating the public on the risks of AI. Novelty/Originality of this Study: This research highlights the absence of specific AI regulations in Indonesia and offers a legal framework by applying the doctrines of in loco parentis and Vicarious Liability to AI-related offenses. It provides a new perspective on assigning liability in AI crimes, ensuring that responsibility remains with human actors while addressing the legal gaps in Indonesia’s regulatory framework.
Judge's Considerations in Criminalizing the Crime of Plantation Without a Permit in Forest Areas: Decision No. 789/Pid.B/LH/2023/PN.Pdg Gusti, Mahesa Cakra; Ismansyah
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 3 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.3.i.1.p.38-53.2025

Abstract

Deforestation in Indonesia is a serious issue that has broad impacts on both environmental and legal aspects. One of the main contributing factors is the conversion of forest areas into plantation land without official permits. This act is regulated under Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction and Law Number 6 of 2023 concerning the Job Creation Law. One notable case reflecting this issue is the Timbul Hasibuan case in Nagari Air Bangis, West Pasaman Regency, decided through the Padang District Court Decision Number 789/Pid.B/LH/2023/PN.Pdg, in which the defendant was found guilty of conducting plantation activities within a forest area without a business permit. This study aims to identify the legal considerations of the judges in rendering their decision and to analyze the evidentiary process applied in the case. The research employs a normative juridical method with a descriptive-analytical approach, using both case and statute approaches. Secondary data were used and processed through a legal data editing technique. The results indicate that the panel of judges based their decision on juridical considerations, including the indictment, witness testimonies, evidence, and criminal law provisions, as well as non-juridical considerations such as the defendant’s background and personal condition. However, it was found that relevant facts, such as the defendant’s tax payments and the selective enforcement of law by authorities were not fully considered. Moreover, the ultimum remedium principle in forestry criminal law after the enactment of the Job Creation Law has not been optimally implemented. Therefore, this study emphasizes the need for a more selective, objective, proportional, and equitable enforcement of forestry criminal law to ensure justice for communities living around forest areas.
Co-Authors Anrusfi, Faruq Ismansyah Mahmuda, Adria Fathan