Jurnal Hukum dan Keadilan
Vol. 3 No. 2 (2026): JHK - February

Civil Law Responsibility in Artificial Intelligence-Driven Decision Making

Pelupessy, Eddy (Unknown)



Article Info

Publish Date
23 Feb 2026

Abstract

The use of artificial intelligence (AI) in legal, economic, and social decision-making has created significant legal implications in the realm of civil law. The shift from human-based decisions to autonomous algorithmic decisions raises the question of who should be held responsible when AI decisions cause harm. In the context of Indonesian law, this issue is increasingly complex because the civil legal framework still relies on the paradigm of fault-based liability as formulated in Article 1365 of the Civil Code, while AI is not recognized as a legal subject. This study aims to examine the normative framework for regulating artificial intelligence in the Indonesian legal system and analyze the construction of civil legal liability for AI-based decision-making. The research method used is normative legal research with a limited statutory, conceptual, and comparative approach. The results show that Indonesian positive law still experiences a normative vacuum in regulating accountability, standards of responsibility, and protection mechanisms for victims of AI decisions. This study confirms that the application of the concept of fault-based unlawful acts is difficult to implement effectively due to the autonomous and non-transparent nature of AI. Therefore, this study recommends the reconstruction of civil legal responsibility through the application of strict liability and risk-based liability, mapping the chain of responsibility, and strengthening the principle of prudence and victim protection to realize legal certainty and substantive justice in the era of artificial intelligence.

Copyrights © 2026






Journal Info

Abbrev

jhk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong ...