Journal of Law and Social Politics
Vol. 4 No. 4 (2026): Journal of Law and Social Politics

Algorithmic Accountability Gap: Rethinking Liability Frameworks for Generative AI in Indonesian Civil Law

Ikhsan Nendi (Politeknik Siber Cerdika Internasional)



Article Info

Publish Date
02 Oct 2026

Abstract

Background: The rapid diffusion of generative artificial intelligence (AI) into text, image, and decision-support applications has outpaced the doctrinal assumptions of Indonesian civil liability law, which remains anchored to the fault-based tort regime of Article 1365 of the Kitab Undang-Undang Hukum Perdata (KUHPerdata). Objective: This study examines how the probabilistic, opaque, and distributed nature of generative AI strains the elements of actor, fault, causation, and foreseeability that Indonesian tort doctrine requires, and proposes a reform pathway suited to a civil law jurisdiction. Method: A qualitative doctrinal-normative legal research design was used, combining statutory and comparative analysis with a systematic thematic content analysis of forty peer-reviewed sources on algorithmic accountability, AI governance, and responsible AI practice. Results: The analysis shows that existing instruments, including the Consumer Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law, only partially cover generative AI harms, leaving an accountability gap between developers, deployers, and users. A tiered, presumptive liability model, expressed through a proposed Algorithmic Liability Allocation Index, is offered as a transplantable reform mechanism. Conclusion: Indonesian civil law requires a calibrated, risk-tiered liability architecture, supported by a rebuttable presumption of fault, to close the accountability gap created by generative AI without displacing the foundational logic of KUHPerdata.

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Journal Info

Abbrev

jlsp

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

Description

The Journal Of Law and Social Politic provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal that can be examined empirically. The Journal Of Law and Social Politic will publish scientific articles in the fields of education, including ...