Journal of Strafvordering Indonesian
Vol. 2 No. 3 (2025): JOSI - JULY

Void in Law: Criminal Regulation Vacuum on the Detrimental Impact of AI Artificial Intelligence

Hendri Khuan (Universitas Borobudur)



Article Info

Publish Date
22 Jul 2025

Abstract

Advances in artificial intelligence (AI) technology have brought new challenges in the realm of criminal law, especially related to accountability for autonomous actions that cause legal losses. Indonesia's criminal law system, which is still based on an anthropo-centric paradigm with the conditions of actus reus and mens rea, has not been able to accommodate non-human digital entities such as AI. The absence of explicit criminal norms against AI's detrimental behavior leads to a legal void, where real harm cannot be effectively acted upon. Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law) has not specifically regulated the attribution of errors to AI, developers, and system operators. This study uses normative juridical methods with conceptual and comparative legal approaches to analyze the need for the formation of a new criminal framework for AI. The results of the study show the urgency of reformulating criminal regulations that are risk-based and adaptive to technological developments, as reflected in the EU Artificial Intelligence Act model. It is also necessary to strengthen the concept of indirect criminal liability and the possibility of recognition of electronic legal entities. Without regulatory innovation, Indonesia's criminal justice system risks failing to protect the digital society fairly and effectively. This study recommends the establishment of specific norms that are responsive to the risks of AI technology

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Journal Info

Abbrev

JOSI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The journal publishes original articles on current issues and international trends in the field of criminal law. The purpose of the publication of this Journal is to provide a space to publish critical thinking on original research results, as well as conceptual ideas from academics, researchers, ...