The Direction of Indonesian Criminal Law Policy in Addressing Artificial Intelligence Disruption in the Digital Era

Abstract

The rapid advancement of Artificial Intelligence (AI) in the digital era has created significant disruptions that not only affect technological aspects but also challenge the classical constructs of Indonesian criminal law. Possessing analytical capabilities and decision-making autonomy without human psychological dimensions, AI presents normative dilemmas regarding the principle of culpability (mens rea) and legal certainty. This study aims to analyze the current legal construction of AI regulation within the Indonesian criminal law system and to formulate the future direction of an adaptive and equitable criminal law policy. Utilizing a normative legal research method, this study analyzes relevant statutes and legal policy literature. The findings reveal that current AI regulations in Indonesia remain partial, indirect, and fragmented (such as within the Electronic Information and Transactions Law), leading to normative gaps, difficulties in attributing criminal liability, algorithmic evidentiary challenges (the "black box" phenomenon), and elevated risks of AI-driven cybercrimes. The future direction of Indonesian criminal law policy must be anticipatory and progressive by establishing dedicated risk-based regulations, reconstructing criminal responsibility frameworks (including corporate and strict liability), strengthening preventive measures, enhancing law enforcement capacity, and harmonizing with international legal standards.