Why is Understanding Algorithmic Decision-Making Important for Law Graduates?

Legal Literacy - This article explains the importance of understanding the concept of ADS (Algorithmic Decision-Making) for law students.

Algorithmic decision-making, or ADS for short, 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 utilize this technology. Others also question a more fundamental issue, namely the issue of empathy and ethics.

These concerns are not without basis; several studies show that the use of ADS can be misused, leading to 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 arises not from intentional intent, but from hasty steps in adopting technology without using a comprehensive approach and further prevention and protection measures. As a result, several developed countries that adopted this technology eventually had to suspend its use until they had a 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 it is data-driven.

On the other hand, some positive opinions try to explore the possibility of ADS based on artificial intelligence being utilized in court practice; in this realm, ADS is used to assist judges in making decisions based on electronic records stored in a database. 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 in the United States, the European Union, and France, have issued legal foundations that, to a limited extent, provide "rules of the game" for the use of ADS in their countries.

It is clear that the use of ADS in government practice in democratic countries brings many opposing opinions. It can be simply explained that the role of civil society, which has the obligation and right to determine its own fate and participate in policymaking, will be replaced by machines. A legal expert, for example, calls ADS a "toxic cocktail for democracy" – poison for democracy. Of course, as a law graduate 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.

ADS is nothing more than a tool; from an ethical perspective, responsibility for the use of the tool remains with the party that uses it. This means that maximizing democratic practice by using ADS is, in theory, very possible. Restrictions on what issues can be raised, control measures, and a thorough evaluation of the "work results" of AI are ways that can be used so that ADS does not become 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 ADS in transparent and accountable government practice.

*This article is the personal opinion of the author and does not represent the views of the editorial team Legal Literacy Indonesia.