Ipso Jure
Vol. 3 No. 6 (2026): Ipso Jure - July

Constitutional Protection of Citizens' Rights in The Era of Artificial Intelligence Governance

Thahir (universitas Islam DDI A.G.H. Abdurahman Ambo Dalle)



Article Info

Publish Date
31 Jul 2026

Abstract

The rapid integration of artificial intelligence (AI) into public administration, law enforcement, and judicial decision-support systems has generated a new frontier of constitutional inquiry concerning the protection of citizens' fundamental rights. This article examines the extent to which existing constitutional frameworks, particularly Indonesia's 1945 Constitution (UUD 1945), remain adequate to safeguard rights such as privacy, due process, equality before the law, and freedom from arbitrary state action when governmental functions are increasingly delegated to algorithmic systems. Employing a normative-juridical method supported by comparative and conceptual approaches, the study analyzes constitutional doctrines, statutory instruments, and comparative regulatory models, including the European Union's Artificial Intelligence Act and General Data Protection Regulation. The findings indicate that although the Indonesian constitutional order recognizes broad human rights guarantees under Chapter XA of UUD 1945, it lacks explicit doctrinal tools to address algorithmic opacity, automated discrimination, and diminished accountability inherent in AI-mediated governance. The article argues for a reconceptualization of constitutional rights doctrine to encompass a right to explanation, algorithmic due process, and institutional oversight mechanisms capable of supervising AI deployment by state organs. It concludes that constitutional adaptation, rather than wholesale constitutional amendment, offers the most viable pathway toward reconciling technological governance with the protection of citizens' fundamental rights.

Copyrights © 2026






Journal Info

Abbrev

IJJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ipso Jure is an international, peer-reviewed, open access journal dedicated to advancing scholarly research and discourse in the field of law, with a particular emphasis on the principles of the rule of law. The journal aims to provide a platform for academics, legal practitioners, policymakers, and ...