Proceedings of the International Conference for Democracy and National Resilience 2022 (ICDNR 2022)

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Civil Liability Regime for Artificial Intelligence in Indonesia: Become a Future Legal Subject?

Authors
Anugrah Muhtarom Pratama1, *, Dona Budi Kharisma1
1Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia
*Corresponding author. Email: anugrahmuhtaromprata@student.uns.ac.id
Corresponding Author
Anugrah Muhtarom Pratama
Available Online 16 December 2022.
DOI
10.2991/978-2-494069-75-6_30How to use a DOI?
Keywords
Artificial Intelligence; Civil Liability; Legal Subject
Abstract

On the one hand, the development of Artificial Intelligence (“AI”) today has had such a significant impact on the lives of modern society that its emergence began to use widely. However on the other hand, AI existence raises the problem of liability if there is a loss during its use. Determining accountability has given rise to a serious debate between objective and subjective approaches to AI to be given the legal subject and rejected otherwise. The purpose of this article is to analyze how AI does base on current Indonesian law, its civil liability in the event of harm by comparing the EU and Japan, and whether AI in Indonesia could be a legal subject in the future. Using normative legal research methods with statutory approaches, comparative approaches, and conceptual approaches, this article finds: (i) AI under Indonesian law is currently an electronic agent, so it cannot be the legal subject and its civil liability based on the principle of negligence liability by the organizer as long as it is not the fault of its users; (ii) Indonesia is currently still using an objective approach and for the future regarding the possibility of change into a legal subject only occurs if there is a national law and international agreement to place AI in law through a subjective approach.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference for Democracy and National Resilience 2022 (ICDNR 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
16 December 2022
ISBN
978-2-494069-75-6
ISSN
2352-5398
DOI
10.2991/978-2-494069-75-6_30How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Anugrah Muhtarom Pratama
AU  - Dona Budi Kharisma
PY  - 2022
DA  - 2022/12/16
TI  - Civil Liability Regime for Artificial Intelligence in Indonesia: Become a Future Legal Subject?
BT  - Proceedings of the International Conference for Democracy and National Resilience 2022 (ICDNR 2022)
PB  - Atlantis Press
SP  - 237
EP  - 243
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-75-6_30
DO  - 10.2991/978-2-494069-75-6_30
ID  - Pratama2022
ER  -