The Void of Artificial Intelligence Criminal Accountability Norms in Indonesian Criminal Law Reform

Abstract

The criminal law reform through Law No. 1 of 2023 (National Criminal Code) has not fully addressed technological disruption, in particularArtificial Intelligence(AI) that is autonomous. This study aims to analyze the position of AI in the Indonesian criminal law subject system and the implications of the lack of accountability norms for legal certainty. The research method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that the National Criminal Code still adheres to a rigid anthropocentric paradigm, where Article 45 limits legal subjects to humans and corporations. The legal deadlock occurs in Article 36 concerning the psychological requirement for responsibility, as well as Articles 47 and 50 which provide loopholes for impunity for corporations through the excuse of "preventive measures." The implication is that there areaccountability gapwhich is detrimental to the victim. Researchers formulated a legal reconstruction by shifting the paradigmfault-based liability going to strict liability(absolute accountability) through optimizing Article 37 of the National Criminal Code to guarantee legal protection in the digital era.