Criminal Liability For Unlawful Actions in The Utilization of Artificial Intelligence
Mimin Mintarsih, Farhana, Ratna Galuh Manika Trisista

Universitas Islam Jakarta

Abstract

The use of Artificial intelligence (AI) can improve quality and time efficiency in terms of completing various types of work. Indirectly AI can take over human actions and deeds. However, it is often misused and creates victims such as fraud and counterfeiting. This is a legal problem because it causes acts against the law in its use. Indonesia currently does not have specific legal arrangements related to AI, so there are no clear arrangements regarding legal settlement, including determining criminal responsibility. The aim of this paper is to analyze criminal responsibility for unlawful acts in the use of AI. The research method used is juridical-normative. AI regulations in Indonesia are currently based on the ITE Law that classified AI as an electronic system and agent. AI does not have the awareness to determine will in every action and deed, so AI cannot be categorized as a legal subject. Therefore, criminal responsibility in the use of AI in the event of an unlawful act is borne by the electronic system operators who are people, state administrators, business entities, or communities that provide, manage, and/or operate electronic systems, either individually or jointly for his own needs and/or the needs of other parties.

Keywords: artificial intelligence, criminal liability, unlawful acts.

Topic: International Law