Implikasi Hukum Terhadap Penggunaan Kecerdasan Buatan Dalam Transaksi Bisnis Digital

Abstract

The development of artificial intelligence (AI) in digital business transactions has brought about significant changes in the way companies conduct their economic activities, particularly in terms of improving efficiency, automation and data-driven decision-making. However, the rapid uptake of this technology has not been matched by an adequate legal framework in Indonesia. This study aims to analyse the legal implications of AI use in digital business transactions, particularly regarding legal certainty, liability, and consumer protection. The method employed in this study is a normative legal approach using secondary data in the form of primary and secondary legal materials, analysed qualitatively through a literature review. The results of the study indicate that existing regulations, such as the Electronic Information and Transactions Law (EIT Law), the Civil Code, and the Consumer Protection Law, do not yet specifically address the autonomous and adaptive characteristics of AI, thereby creating a legal vacuum (rechtsvacuum). Furthermore, AI is not recognised as a legal entity; consequently, liability for any resulting losses is attributed to the parties involved such as developers, users and service providers under an approach of collective liability and the principle of strict liability. From a consumer protection perspective, the use of AI also poses risks relating to algorithmic transparency and data security. Therefore, there is a need to establish a specific, adaptive and comprehensive legal framework to provide legal certainty and ensure protection for all parties within Indonesia’s digital business ecosystem.