PERKEMBANGAN ARTIFICIAL INTELEGENCE DITINJAU DARI ANALISIS SWOT DALAM MENDORONG PEMERINTAH MEMBUAT UNDANG-UNDANG ATAS BERBAGAI AKSI PIDANA DARI PERKEMBANGAN TEKNOLOGI AI

Ferry Chandra Salim, Ferry Salim (2025) PERKEMBANGAN ARTIFICIAL INTELEGENCE DITINJAU DARI ANALISIS SWOT DALAM MENDORONG PEMERINTAH MEMBUAT UNDANG-UNDANG ATAS BERBAGAI AKSI PIDANA DARI PERKEMBANGAN TEKNOLOGI AI. S2 thesis, PROGRAM STUDI PASCASARJANA UNIVERSITAS KRISTEN INDONESIA.

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Abstract

The regulation of AI in positive law in Indonesia is not clearly regulated, who has the right to be responsible for crimes or violations "committed" by AI entities, where is the responsibility transferred, is it to the AI creature itself, its developer, or even its user? Because there is no law in Indonesia that specifically regulates or controls artificial intelligence, questions like this remain unanswered. The public is concerned about the increasing possibility of violations of the law and criminal acts committed by individuals who misuse AI products due to the absence of discourse on the application of AI in the legal regulations applicable in Indonesia. There are several examples of AI crime cases that have occurred in Indonesia, one of which is Deepfake, such as the case of famous figures such as Raffi Ahmad and Najwa Shihab who also became victims of AI technology. A video is circulating showing Najwa Shihab interviewing Raffi Ahmad about the online gambling business. There is also a case circulating using Deepfake which attacks Nagita Slavina who became the victim of a deepfake sexual scandal video. From this, the government should act quickly to protect the entire community by creating education and policies related to AI as well as regulations for legal accountability against individuals who use AI technology to commit crimes. Based on the title of this thesis research, the type of research raised is Normative Juridical Research (literature legal research). Normative juridical research is a legal research method that focuses on the analysis of legal norms that exist in a particular legal system, the data source in this study is secondary data. The results of the study obtained that in terms of legal facts, only one positive legal product regulates AI crimes in Indonesia, namely through the legal product Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions. So it can also be concluded that legal policies in Indonesia have not regulated in detail regarding AI crimes and victims of crime have not received proper legal protection, and it is difficult to prove the guilt of perpetrators of criminal acts due to inadequate positive law. Keywords: AI Crime, Criminal Responsibility, Legal Certainty

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