Artificial Intelligence (AI) is rapidly developing technology that is beginning to have a significant impact across various sectors, including business, healthcare, education, and government. In Indonesia, the adoption of AI is also on the rise, prompting the need for legal certainty that can accommodate this technological advancement.
To date, Indonesia does not yet have specific regulations governing the use and development of AI. However, several existing laws and regulations can be applied in the context of AI, including:
- Law No. 11 of 2008 on Information and Electronic Transactions (ITE): The ITE Law regulates electronic activities, including the use of AI technology. Articles within the ITE Law concerning data security, privacy, and intellectual property rights can be relevant to the use of AI. Additionally, its amendment through Law No. 19 of 2016 on Amendments to the ITE Law strengthens aspects of personal data protection and information security, which are crucial in the implementation of AI.
- Law No. 28 of 2014 on Copyright: This law is relevant in the context of using AI to create creative works. Questions about copyright in works produced by AI become important issues that need to be regulated.
- Law No. 27 of 2022 on Personal Data Protection: This law relates to the resources used by AI based on available data and information, both private and public data.
The presence of AI in Indonesia facilitates processes in various activities, including:
- Efficiency in Legal Analysis Processes: AI can be used to increase efficiency in legal aspects, for instance, through legal data analysis to provide advice based on legal sources, legal document automation, and even legal recommendations.
- Innovation and Economic Growth: The use of AI can trigger innovation and growth in various economic sectors, ultimately driving the need for an adaptive legal framework that can ensure legal certainty for developers, users, and AI itself.
Legal Challenges Faced
Personal Data Protection: AI often requires large amounts of data to understand and operate. This poses challenges regarding personal data protection, especially related to the collection, storage, and use of data by AI systems.
Legal Responsibility: Determining responsibility in cases where AI systems cause harm or errors becomes complex. Who is the legal subject that can be held accountable for the resulting harm? Is it the developer, the user, or the AI itself?
Intellectual Property Rights: Questions about who owns the rights to works created by AI remain a debate. This includes whether AI can be considered an author, designer, or even a songwriter and how those rights are regulated.
Conclusion
Like many other countries, Indonesia needs to develop a legal framework governing AI. Although there are no specific regulations yet, several existing laws can be applied to address issues arising from the use of AI. In the future, more detailed and adaptive policies are needed to keep up with rapid technological advancements, including ethical and social considerations. This is important to ensure that AI development can provide maximum benefits to society while minimizing potential risks and negative impacts.
