Jurnal Cakrawala Hukum
Vol. 17 No. 2 (2026): August 2026

Civil Liability for Losses Caused by Artificial Intelligence under Indonesian Civil Law

Mashuri (University of Riau Kepulauan)
Dwi Afni Maileni (University of Riau Kepulauan)
Rizki Tri Anugrah Bhakti (University of Riau Kepulauan)
Indra Sakti (University of Riau Kepulauan)



Article Info

Publish Date
03 Aug 2026

Abstract

The rapid diffusion of Artificial Intelligence (AI) has outpaced the capacity of Indonesian civil law to allocate responsibility when AI-driven systems cause loss, leaving victims of deepfake fraud, algorithmic misconduct, and automated decision-making without a settled legal remedy. Existing scholarship has extensively debated whether AI may be recognised as a legal subject, yet has rarely translated that debate into a bounded, court-usable liability framework anchored in the Indonesian Civil Code (KUH Perdata) and tested against comparative risk-based regimes such as the European Union's Artificial Intelligence Act. This article addresses that gap by analysing, through a normative-juridical method with statutory and comparative-conceptual approaches, how civil liability for AI-caused losses should be constructed under Indonesian law. The findings show that AI remains an intangible object, not a legal subject, so liability is properly attributed to the creator, owner, or user of the AI system through the unlawful-act doctrine of Articles 1365 and 1367 of the KUH Perdata, applied together with the data-protection obligations of Government Regulation 71/2019. The article's novelty lies in integrating quantified domestic harm data with a three-track (developer-owner-user) liability model calibrated against the EU AI Act's risk tiers, from which it derives specific regulatory and adjudicative recommendations.

Copyrights © 2026






Journal Info

Abbrev

jch

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Cakrawala Hukum, is a scientific periodical of the Faculty of Law, University of Merdeka Malang, which includes a variety of research in the field of law, or the analysis of actual case studies, or ideas related to the actual law. A Scientific periodical is intended as a means of ...