FIAT JUSTISIA: Jurnal Ilmu Hukum
Vol. 20 No. 4 (2026)

Artificial Intelligence as a Functional Organ of Corporations: A Reconstruction of Criminal Liability

Dewi Muti'ah (Universitas Trunodjoyo Madura)
Erma Rusdiana (Universitas Trunodjoyo Madura)
Tolib Effendi (Universitas Trunodjoyo Madura)
Faisal Adhyaksa (Universitas Trunodjoyo Madura)
Souad Ezzerouali (Dhohar University)



Article Info

Publish Date
12 Oct 2026

Abstract

The rapid development of Artificial Intelligence (AI) has created new challenges for criminal law, particularly regarding liability for offenses committed through autonomous AI systems. This study examines the legal position of ai within criminal law and develops an appropriate model of criminal liability for AI-related offenses. Using normative legal research with statutory, conceptual, theoretical, and interpretative approaches, the study finds that ai should not be recognized as an independent subject of criminal law but as a functional component of the corporate structure. Because AI operates within systems designed, controlled, and deployed by corporations, offenses committed through AI should be attributed to the responsible corporation and addressed under the existing corporate criminal liability framework. Corporate fault should be assessed through failures in the design, control, supervision, and governance of AI systems. This approach closes potential accountability gaps, preserves legal certainty, and enables criminal law to address AI-related risks without creating a new legal subject.

Copyrights © 2026






Journal Info

Abbrev

fiat

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Fiat Justisia: Jurnal Ilmu Hukum is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research encompassing specifically concerning human rights, policy, values of Islam. These may include but are not limited to various fields such ...