PENDIDIKAN HUKUM DIGITAL DAN TANTANGAN REGULASI ARTIFICIAL INTELLEGENCI DI INDONESIA: ANALISIS KRITIS EFEKTIVITAS UU ITE

Abstract

The rapid advancement of Artificial Intelligence (AI) technologies has fundamentally transformed Indonesia’s digital ecosystem, including the sectors of education, public services, and government governance. However, the implementation of AI presents complex challenges, particularly in ensuring compliance with existing legal frameworks that have not fully anticipated the autonomous and adaptive characteristics of AI systems. Law Number 19 of 2016 on Electronic Information and Transactions (the ITE Law), as the primary legal instrument governing cyberspace in Indonesia, was developed based on a conventional technological paradigm. This condition raises critical questions regarding its relevance and effectiveness, not only as a mechanism for AI oversight but also as a foundation for digital legal education for the public and key stakeholders. This study aims to critically analyze the suitability and effectiveness of the ITE Law as an instrument for overseeing AI technologies in Indonesia, to identify regulatory lacunae in the context of contemporary AI developments, and to emphasize the urgency of legal education and technological literacy as supporting elements for fair and sustainable AI governance. This research employs a library research approach within a qualitative–normative paradigm. The study utilizes content analysis of primary and secondary legal sources, comparative analysis of international best practices, and critical analysis to identify gaps and inconsistencies within the existing legal architecture. The academic references used are drawn from publications spanning the period 2020–2025, including literature that examines the relationship between AI regulation and legal education in technology. The findings reveal structural limitations of the ITE Law in addressing the complexity of AI technologies, including a narrow definition of Electronic Agents, ambiguity in legal liability, the absence of mandatory algorithmic transparency requirements, and weak regulation of data governance. These limitations adversely affect the effectiveness of AI oversight and undermine the educational function of the law in fostering public awareness and understanding of AI-related risks. The identified regulatory lacunae include the absence of mandatory impact assessments, human oversight requirements, bias mitigation procedures, and accessible redress mechanisms for individuals affected by algorithmic harms. These conditions underscore the importance of integrating regulatory approaches with digital legal education to establish an AI ecosystem that is accountable and oriented toward the protection of human rights. The original contribution of this study lies in the development of comprehensive recommendations that integrate a risk-based approach, ethical AI principles, and the advancement of legal and technological education as foundational elements for AI oversight that are contextual and relevant to Indonesia