Analisis Potensi Pemanfaatan Teknologi Artificial Intelligence sebagai Produk Lembaga Peradilan Pidana di Indonesia

Abstract

Artificial Intelligence (AI) is increasingly becoming a topic that is receiving widespread attention in the current digital era. AI has had a significant positive impact on various fields, including its use in legal practice. The development of AI has also sparked polemics in the legal world, one issue is whether the role of judges can be replaced by AI, considering that currently AI still plays a limited role in assisting the case administration process and has not yet reached the legal stage of trial procedures. This research focuses on studies regarding the integration of AI technology in positive law in Indonesia; utilization of AI technology for legal practice needs; and whether AI technology can replace judges in making sentencing decisions in Indonesia. This research uses a normative juridical legal research method that is descriptive analytical with a statutory approach and a conceptual approach. The literature study technique used was literature study and field study. The field study was carried out by direct interviews with Judges, Prosecutors and Advocates to enrich the data, as well as to analyze the data according to the problems that had been formulated. The collected data was analyzed qualitatively and conclusions were drawn deductively. Based on the research results, it is concluded that the integration of AI in Indonesian positive law currently still refers to the ITE Law which is constructed as an Electronic System and Electronic Agent; The use of AI technology for the needs of legal practice in Indonesia is starting to be implemented by some law enforcers, namely the Supreme Court and some Advocates independently; AI technology based on the legal system and framework in Indonesia cannot replace judges in making criminal decisions, because AI cannot be considered a legal subject and the negative evidence system regulated by the Criminal Procedure Code which requires the 'judge's belief' degrades AI in making criminal decisions. There needs to be regulations that specifically regulate AI; There is a need for AI regulations that are based on the values of Pancasila and the 1945 Constitution; There is a need for further legal studies regarding the potential for AI to replace judges in making criminal decisions in certain cases such as minor crimes.