The Idea of Applying Artificial Intelligence in Synchronizing Constitutional Court Decisions from a Pancasila Perspective

DOI

10.2991/978-94-6463-634-5_14How to use a DOI?

Keywords

Artificial Intelligence; Constitutional Court; Pancasila

Abstract

The application of artificial intelligence (AI) in Indonesia’s legal system, particularly to harmonise the decisions of the Constitutional Court (MK), is an important issue in this digital era. With the rapid development of technology, there is a need to ensure that every Constitutional Court decision is consistent, fair, and in accordance with the values of Pancasila as the basis of the state and the highest source of law in Indonesia. This research aims to examine the potential and challenges in the application of AI for the synchronisation of Constitutional Court decisions, as well as how AI can be integrated effectively without overriding the values of Pancasila. This research uses a normative legal method that includes three approaches: case approach, statutory approach, and comparative approach. The case approach is conducted by analysing existing Constitutional Court decisions, especially those that reflect the implementation of the Pancasila principles. The statutory approach was used to review the existing legal framework for the application of technology in the justice system, emphasising the importance of adaptive regulations to the development of AI. The results show that AI has the potential to improve consistency, efficiency and speed in the Court’s decisions. However, the application of AI in the legal field requires great caution, especially in ethical, legal, and social aspects. AI must act as a tool, not as a substitute for judges, so that the resulting decisions remain in line with the principles of justice and humanity of Pancasila. Some specific challenges in integrating AI with Pancasila values include: (1) the complexity of adopting local wisdom values and national ethics into AI algorithms, (2) the potential for algorithmic bias that could affect substantive justice, and (3) the limitations of AI technology to understand the moral and humanitarian nuances inherent in the law. Therefore, the application of AI in Indonesian law must be designed to ensure justice, effectiveness, and humanity in accordance with the ideals of the nation.

Copyright

© 2024 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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TY  - CONF
AU  - Mirza Nasution
AU  - Geofani Milthree Saragih
PY  - 2024
DA  - 2024/12/27
TI  - The Idea of Applying Artificial Intelligence in Synchronizing Constitutional Court Decisions from a Pancasila Perspective
BT  - Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2024)
PB  - Atlantis Press
SP  - 118
EP  - 124
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-634-5_14
DO  - 10.2991/978-94-6463-634-5_14
ID  - Nasution2024
ER  -