Legal Implications of Using Artificial Intelligence (AI) Technology in Electronic Transactions
The advancement of technology, including the use of Artificial Intelligence (AI) in everyday life, has brought about significant changes and substantial impacts, especially in electronic transactions and law. While the use of AI promises various benefits, it also raises several important legal issues, such as legal responsibility, data privacy, and contract validity. The purpose of this research is to understand the legal framework of AI in the Indonesian legal system and the legal implications of AI utilization, particularly in the context of electronic transactions. This research is of a normative juridical type, employing a conceptual approach and a statute approach. The results of the research indicate that AI is not specifically regulated in its own law but is discussed within the Electronic Information and Transactions Law (ITE Law) and several regulations under it. The legal implications of AI usage can be viewed from two main perspectives. First, AI is regarded as an electronic
The advancement of technology, including the use of Artificial Intelligence (AI) in everyday life, has brought about significant changes and substantial impacts, especially in electronic transactions and law. While the use of AI promises various benefits, it also raises several important legal issues, such as legal responsibility, data privacy, and contract validity. The purpose of this research is to understand the legal framework of AI in the Indonesian legal system and the legal implications of AI utilization, particularly in the context of electronic transactions. This research is of a normative juridical type, employing a conceptual approach and a statute approach. The results of the research indicate that AI is not specifically regulated in its own law but is discussed within the Electronic Information and Transactions Law (ITE Law) and several regulations under it. The legal implications of AI usage can be viewed from two main perspectives. First, AI is regarded as an electronic agent, where all legal responsibilities for AI actions are placed on the electronic system providers. Second, AI is seen as a legal subject, where it is treated as a legal entity or rechtpersoon.
Executive Summary
The article explores the legal implications of AI technology in electronic transactions within the Indonesian legal system. It highlights the lack of specific AI regulations and the reliance on the Electronic Information and Transactions Law (ITE Law) and related regulations. The research identifies two main perspectives on AI's legal status: as an electronic agent, where responsibility lies with system providers, and as a legal subject, treating AI as a legal entity. The study underscores the need for clear legal frameworks to address issues such as legal responsibility, data privacy, and contract validity in AI-driven transactions.
Key Points
- ▸ AI is not specifically regulated in Indonesian law but falls under the ITE Law.
- ▸ AI can be viewed as an electronic agent or a legal subject.
- ▸ Legal implications include responsibility, data privacy, and contract validity.
Merits
Comprehensive Legal Analysis
The article provides a thorough examination of the current legal framework governing AI in electronic transactions, highlighting the gaps and areas needing clarification.
Normative Juridical Approach
The research employs a normative juridical approach, which is appropriate for analyzing the legal implications of AI, ensuring a rigorous and systematic review.
Demerits
Limited Scope
The study focuses primarily on Indonesian law, which may limit its applicability to other jurisdictions with different legal systems.
Lack of Empirical Data
The article relies heavily on conceptual and statute approaches, which may benefit from empirical data to support the findings and provide a more comprehensive understanding.
Expert Commentary
The article provides a valuable contribution to the understanding of AI's legal implications in electronic transactions within the Indonesian context. The distinction between AI as an electronic agent and a legal subject is particularly insightful, as it highlights the evolving nature of legal responsibility in the digital age. However, the study's focus on Indonesian law may limit its broader applicability. Future research could benefit from a comparative analysis of AI regulations across different jurisdictions to provide a more comprehensive understanding of the global legal landscape. Additionally, incorporating empirical data could strengthen the findings and offer practical insights for policymakers and practitioners. The article's emphasis on the need for clear legal frameworks is timely and underscores the importance of proactive regulation to address the challenges posed by AI in electronic transactions.
Recommendations
- ✓ Develop specific regulations for AI to address the legal gaps and ensure a robust legal framework for electronic transactions.
- ✓ Conduct comparative studies on AI regulations in different jurisdictions to provide a broader perspective and enhance the applicability of the findings.