<![CDATA[The rapid advancement of Artificial Intelligence (AI) has significantly transformed various sectors while presenting complex legal challenges, particularly in the realm of criminal liability. This study examines the regulation of criminal liability related to AI in Indonesian positive law and explores its future legal construction. Using normative juridical methods with statutory and conceptual approaches, this study analyzes the existing legal framework, doctrine, and comparative perspectives. Indonesian legal regulations do not recognize AI as a legal subject capable of bearing criminal responsibility. Instead, AI is positioned as a tool or object, with responsibility attributed to human actors, such as developers, operators, or users. This is primarily due to the absence of elements of criminal liability in AI, such as mens rea (malicious intent), consciousness, and moral agency. However, the increasing use and misuse of AI, such as in deepfake fraud and data breaches, has exposed significant regulatory gaps and created legal uncertainty in law enforcement. Based on the comparative analysis between the European Union and Indonesia, the future reconstruction of criminal law regarding AI, namely Indonesia, requires a comprehensive and adaptive regulatory framework to address AI-related criminal issues. Rather than recognizing AI as a legal subject, legal systems should strengthen human-centered accountability models while integrating risk-based governance principles. Such reconstruction is crucial to ensure legal certainty, protect the public interest, and responsibly accommodate technological innovation.]]>
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