International Journal of Social Service and Research
Vol. 6 No. 6 (2026): International Journal of Social Service and Research

Reconstruction of the Concept of Legal Liability for Losses Caused by Autonomous Artificial Intelligence Systems

Chitto Cumbhadrika (Universitas Borobudur, Indonesia)
Bambang Soesatyo (Universitas Borobudur, Indonesia)



Article Info

Publish Date
11 Jun 2026

Abstract

The rapid development of autonomous artificial intelligence (AI) systems through machine learning and self-learning algorithms has challenged the traditional fault-based civil liability framework in Indonesia. Classical liability constructs assume that harm can be traced to human intent or negligence, yet autonomous AI can generate unpredictable outcomes without direct human control. This normative juridical study aims to analyze the inadequacy of Indonesian legal norms in attributing responsibility for damages caused by autonomous AI systems and to formulate a more adaptive liability reconstruction model. The research applied a statutory and conceptual approach, examining Articles 1365–1367 of the Civil Code, Law No. 8 of 1999 on Consumer Protection, Law No. 11 of 2008 on Electronic Information and Transactions, and relevant scholarly literature. Data were analyzed through qualitative content analysis, comparing Indonesian legal provisions with international risk-based liability models, and reconstructing a coherent framework for high-risk autonomous AI. The findings reveal that fault-based liability is insufficient for AI ecosystems involving multiple actors and probabilistic decision-making, creating gaps in accountability and victim protection. The study proposes a risk-based liability model integrating strict liability for high-risk AI, joint and several liability, mandatory insurance, burden of proof reversal, and algorithmic transparency. This model is expected to enhance legal certainty, strengthen victim protection, and provide a regulatory foundation for responsible AI governance in Indonesia.

Copyrights © 2026






Journal Info

Abbrev

ijssr

Publisher

Subject

Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

International Journal of Social Service and Research is a double-blind, peer-reviewed academic journal with open access to social and scientific fields. The journal is published monthly by Ridwan Institute. International Journal of Social Service and Research provides a means for sustained ...