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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum SIGn Jurnal Hukum
Kurniawan, Komang Suputra
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Law, Crime, Criminology & Criminal Justice

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The Limitations of Lex Generalis: Analyzing the Readiness of the GDPR and PDP Law for AI-Based Facial Recognition Technology Kurniawan, Komang Suputra; Kurniawan, I Gede Agus
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.533

Abstract

The implementation of AI-based FRT creates a fundamental conflict between security innovation and the protection of the human right to personal data. This research aims to (1) analyze the fundamental juridical-ethical challenges of AI-based identity systems; (2) examine the effectiveness and limitations of the GDPR (European Union) and the PDP Law (Indonesia) in responding to these risks; and (3) formulate recommendations for an adaptive regulatory framework. This research employs a normative legal research method, utilizing critical-comparative and prescriptive approaches. The analysis reveals two main findings. First, FRT presents unique systemic risks. These risks include discriminatory algorithmic bias, the normalization of mass surveillance, and an accountability crisis resulting from its “black-box” nature. These risks cannot be mitigated by conventional legal frameworks for privacy. Second, critical analysis proves that the GDPR and the PDP Law, as lex generalis instruments, are normatively and practically insufficient in regulating the specific and predictive dynamics of AI technology. This limitation creates a significant rechtsvacuüm, wherein technology adoption operates without adequate juridical oversight. Therefore, this research concludes that reliance on these two regulations is no longer sufficient. This research recommends a shift in Indonesia’s regulatory paradigm. The prescriptive solution proposed is the adoption of a lex specialis (derivative regulation) framework that is proactive, preventive, and adopts a risk-based approach. This framework is essential to ensure that AI innovation remains aligned with the principles of data protection and human dignity.
Business Law Futurism: Between Market Rationality and Human Kurniawan, Komang Suputra; Sudharma, Kadek Januarsa Adi; Kurniawan, I Gede Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The rise of digital technologies has brought substantial changes to the way business is conducted, regulated, and understood. As companies increasingly rely on algorithmic systems, data-driven decisions, and platform-based markets, business law is pushed to evolve beyond its conventional functions. Yet, these rapid changes also reveal a growing gap: while market efficiency continues to advance, the ethical and human dimensions of law risk being overshadowed. This study explores how business law can remain relevant and principled in the midst of these shifts, especially when technological progress challenges long standing legal assumptions about responsibility, fairness, and accountability. In today’s digital economy, legal norms no longer operate solely through state regulation. Instead, they intersect with platform rules, automated systems, and global standards that influence behaviour as strongly as formal law—sometimes even more. This blending of authorities creates real uncertainty: Who is accountable when algorithms decide outcomes? How can ethical considerations be upheld when market logic prioritises speed over reflection? These questions underline the need for a more grounded understanding of how law should respond to technological acceleration. This article argues that the future strength of business law lies in restoring its ethical orientation while still embracing innovation. Law must continue to protect human dignity, ensure fairness, and maintain transparency, even as markets demand efficiency. Rather than treating technology as something that diminishes the role of law, this study views law as a guide that should shape the direction of technological development. By strengthening its moral foundation, business law can adapt to digital transformation without losing its core purpose. Ultimately, the article emphasises that progress should not come at the cost of justice, and that a human-centred legal system remains essential in navigating the complexities of modern economic life.
Co-Authors I Gede Agus Kurniawan Kadek Januarsa Adi Sudharma