ARTIFICIAL INTELLIGENCE: LEGAL STATUS AND DEVELOPMENT IN THE ESTABLISHMENT OF REGULATORY
Erma Defiana Putriyanti (a), Rumainur (b), Rara Nadia (c)

Faculty of Law, National University, Jl. Sawo Manila Pasar Minggu South Jakarta.

Abstract

The development and use of AI that continues to expand in various sectors of life turns out to be in line with the challenges it faces. A guideline is needed in the form of a legal framework that regulates how to develop AI, its use, and how settlements can be made regarding losses caused by AI. The legal concept that will be formed in AI will be formulated differently depending on whether we regard AI as a legal subject or object. This study aims to examine whether Artificial Intelligence can become a legal subject and how the development of the formation of Artificial Intelligence regulations in several countries.
This type of research is normative juridical with statutory, conceptual, and comparative law approaches. The results of this research indicate that AI can become a legal subject, namely a derivative legal subject like a legal entity. This view is based on the theory of fiction and the theory of organs in legal entities. Several countries such as Russia, the European Union, the United States, and China already have guidelines on the development and use of AI. The guidelines generally focus more on developing ethical standards and norms for the use of AI. These guidelines will be developed into regulations. Regulations that can be used as a basis for the use of AI in Indonesia are contained in Law Number 16 of 2016 concerning ITE and Law Number 27 of 2022 concerning Personal Data Protection.

Keywords: Artificial Intelligence, Legal Status, Development, Regulatory

Topic: Law on Business, Business Competition, and Prohibition of Monopoly