Legal Literacy - This article explains the importance of understanding the concept of ADS (Algorithmic Decision-Making) for law students.
What is Algorithmic Decision-Making?
Algorithmic decision-making or ADS is a technology that, as the name suggests, can provide decisions based on algorithms in a specific context. The basis for this technology to make decisions is based on data, which is then processed by algorithms. After the pandemic, where the digital realm has been massively disrupted, the use of machine learning and ADS in government has grown rapidly. Concerns and criticisms arise because many parties question the issue of legitimacy, both the legitimacy of ADS itself and the legitimacy of the government that decides to use this technology. Others also question a more fundamental issue, namely the issue of empathy and ethics.
Concerns Regarding the Existence of Algorithmic Decision-Making
These concerns are not without basis; several studies show that the use of ADS can be misused, resulting in negative impacts ranging from discrimination, exacerbating social inequality, to human rights violations. Several cases also show that the practice of using ADS technology that adopts face recognition features in a country has benefited one race, while marginalizing other races.
Of course, this impact does not arise from intentional intent, but because of hasty steps in adopting technology without using a comprehensive approach and further prevention and protection. As a result, several developed countries that adopted this technology eventually had to suspend its use until they had more adequate infrastructure. Setting aside potential technical problems, ADS is conceptually favored as a breakthrough that can increase the level of transparency and accountability of the government because of its data-driven nature.
Benefits of Algorithmic Decision-Making
On the other hand, some opinions which is positive, tries to explore the possibility of AI-based ADM being utilized in court practice; in this realm, ADM is used to assist judges in making decisions based on electronic records stored in databases. The same logic and mechanism can also be used to assist the government in decision-making and in making predictions for future mitigation. Some technical aspects, in assisting with tax audits and building a social security distribution system. Several countries, such as those in the United States, the European Union, and France, have issued legal frameworks that, to a limited extent, provide "rules of the game" for the use of ADM in their countries.
The Use of ADS in Government Practices in Democratic Countries
It is clear that the use of ADM in government practice in a democratic country brings many opposing opinions. It can be simply explained that the role of civil society, which has the obligation and the right to determine its own fate and participate in policymaking, will be replaced by machines. A legal expert, for example, calls ADM a “toxic cocktail for democracy.” Of course, as legal scholars equipped with critical thinking skills, we must not immediately reject a concept that has the potential to bring about major changes, even if it can fundamentally change our way of life and views.
ADM is nothing more than a tool; from an ethical perspective, responsibility for the use of the tool remains with the user. This means that maximizing democratic practice by using ADM is, in theory, very possible. Restrictions on what issues can be raised, control measures, and thorough evaluations of the "work results" of AI are ways that can be used to prevent ADM from becoming a threat to democracy. Determining boundaries, preparing a strong legal foundation, and a strong political of care perspective are things that can be prepared in implementing ADM in transparent government practice and accountable.
*This article represents the personal opinion of the author and does not represent the views of the editorial team Legal Literacy Indonesia.
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