Greenation International Journal of Law and Social Sciences
Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au

Algorithmic Constitutionality: New Challenges for Constitutional Law in The Era of Artificial Intelligence

Vidi Galenso Syarief (Sekolah Tinggi Ilmu Hukum Iblam, Jakarta, Indonesia.)
Marjan Miharja (Sekolah Tinggi Ilmu Hukum Iblam, Jakarta, Indonesia.)
Gunawan Nachrawi (Sekolah Tinggi Ilmu Hukum Iblam, Jakarta, Indonesia.)
Yusuf Gunawan (Sekolah Tinggi Ilmu Hukum Iblam, Jakarta, Indonesia.)



Article Info

Publish Date
23 Jul 2026

Abstract

The development of artificial intelligence (Artificial Intelligence/AI) technology has encouraged the use of algorithms in various aspects of government administration, including administrative decision-making, public service delivery, and the management of state data. The presence of algorithms as decision-making instruments raises new issues in constitutional law, particularly in relation to the principles of constitutionality, constitutional supremacy, the protection of human rights, and the general principles of good governance. This article aims to analyze the position of algorithms from the perspective of constitutional law and to examine the constitutional challenges arising from the use of algorithms in governmental practice in the era of artificial intelligence. The research method employed is normative legal research using a statute approach, a conceptual approach, and a comparative approach. The legal materials used include statutory regulations and legal literature relevant to the development of digital technology and algorithm-based governance. The findings indicate that the use of algorithms in government has the potential to improve the efficiency, accuracy, and transparency of public services; however, it also poses serious challenges to the principle of constitutionality, such as the risk of algorithmic discrimination, lack of transparency (black box algorithm), and the potential violation of the right to personal data protection and the right to procedural justice. Therefore, it is necessary to strengthen the legal framework and constitutional oversight mechanisms for the use of algorithms in government administration, including the establishment of specific regulations, algorithmic accountability standards, and judicial oversight that is adaptive to technological developments.

Copyrights © 2026






Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...