Artificial Intelligence as a Digital Innovation in Law

Legal Literacy - Nowadays, criminal acts of corruption and money laundering (TPPU) are rampant among officials, causing significant losses to society and the state. The investigation process certainly requires comprehensive investigation and discovery of evidence because it is related to more complex, sophisticated, and professional modus operandi of crimes. Thus, digital alternatives and innovations become an urgency in order to ensure the success of the investigation process of corruption and money laundering.

The digital innovation in question is the use of Artificial Intelligence (AI) to assist investigators in analyzing data and legal documents related to corruption and money laundering, such as searching for and tracking information on prospective suspects, assets, and case facts. This investigation stage can be carried out with planning and direction, data collection, processing, analysis and production, dissemination and integration.

The existence Artificial Intelligence or artificial intelligence in the legal field is a new breakthrough in implementing progressive law which is useful for supporting the work of legal professions, one of which is the investigator of corruption and money laundering. In terms of the investigation process, Artificial Intelligence is designed to carry out collection and processing of data in a thorough and detailed manner, then processing the data to find important information in a shorter time and produce more accurate findings. The information obtained by AI can be in the form of data on perpetrators and other parties involved, the flow of cases or flow of funds suspected of being the result of corruption and money laundering, the amount of losses due to the crime, and other matters that support the discovery of facts and initial evidence.

AI is implicitly regulated in the Law on Information and Electronic Transactions (UU ITE) in Article 1, namely AI can be referred to as an Electronic Agent which is a device of an electronic system created to take an action against certain Electronic Information automatically organized by a person. It can be concluded that the use of AI as an electronic agent in Indonesia can only be carried out by a person or legal subject who in this case is the organizer of the electronic system itself. Therefore, legal responsibility lies with the organizer of the electronic system that provides the service Artificial Intelligence not on AI itself.

Government Regulation Number 71 of 2019 concerning the Implementation of Systems and Electronic Transactions as the implementer of the ITE Law has also regulated the limitations of the obligations and responsibilities of Electronic Agent organizers. Such as providing features that allow users to make changes to information that is still in the transaction process, where the responsibilities of electronic agents are comprehensively regulated, including the obligation to keep data confidential, control user personal data, guarantee user privacy, convey information related to the system used so as not to harm users.

In essence, AI, which plays a significant role in people's lives, does not completely replace the investigator's task in investigating criminal acts of corruption and money laundering, but can strengthen its existence in the legal field, namely assisting the investigation process effectively and efficiently, especially in the data collection, processing and analysis stages which are then used by investigators to determine the investigation report in the form of a timeline of events and the fact that there is a criminal act.

Thus, the position, role, and legal responsibility of Artificial Intelligence should be regulated first in a statutory regulation as a legal subject equivalent to a legal entity. It can also be regulated regarding integrated system standards on AI in the investigation process and the validity of data collection and processing by Artificial Intelligence. This is done with the aim that artificial intelligence technology or Artificial Intelligence is able to assist the work of legal professions while still adhering to legal certainty, benefits, and social justice.

References

Zahrasafa P Mahardika, Angga Priancha. 2021. Legal Regulation of Artificial Intelligence in Indonesia Today. https://www.hukumonline.com/berita/a/pengaturan-hukum-artifical-intelligence-indonesia-saat-ini-lt608b740fb22b7/