Written by yuni afifah on April 28, 2023 for UNAIR Blog.
One of the subtopics discussed at the presentation session of the national seminar The 1st National Seminar on Digitalization in Law and Society in Indonesia, “Understanding Changes in Indonesian Law and Society towards Digital Disruption,” was Digitalization in Social, Legal, Business and Economic Studies. In this presentation session, several interesting things were presented by the paper’s authors. Some of them are discussions about ChatGPT, an artificial intelligence based on message commands, and Crypto, an unregulated digital currency that can be used as a transaction in the virtual world.
In chamber two, the presentation session, the discussion was devoted to technology and legal anticipation. One of the papers addressed was “Two Sides Of Coin: An Analysis of Indonesian Legal Rules for Supervision and Protection of Chatgpt Users in Seeing Challenges and Opportunities in the Era of Technology Disruption” by Aulia Anugrah Intani S.H and Virga Dwi Efendi S.H, Ll.M. In it, it discusses how the existence of laws regarding command-based artificial intelligence complements security instruments, solutions to the first statement, and the urgency to make regulations at the level of laws that specifically regulate a particular product, in this case, ChatGPT. However, this does not negate that supervision and protection must continue to be carried out sectorally.
Unlike the presentation by David Hardiago, S.H., M.H., who talks about cryptocurrency in his paper entitled “Law and Digitalization: Cryptocurrency as A Challenge Towards Indonesia’s Criminal Law”. David said that Crypto could be a means of crime, so it needs to be observed whether crimes based on cryptocurrency can be used as crimes. He then referred to the August 1980 National Criminal Law Reform Symposium Results Criteria in Semarang. In these criteria, it is written that criminal acts are; actions that are hated by society and cause harm to victims, comparison of costs and results, the ability of law enforcement officials, acts that hinder and hinder the aspirations of the nation, as well as attitudes and views of society regarding the deplorability of actions. Therefore, according to David, cryptocurrency-based crimes can be punished.
The above then generates a polemic. Is it necessary to make rigid rules?
This reminds us of the plenary session by Prof. Sonny Zulhuda from IIUM, who said that the most important thing was not the technology, but the principles contained therein. Whether or not rigid regulations are needed may only be known a few years or decades after the new technology emerges because the technology may become outdated and popular. However, regulating sectorally, as the presenter said above, must be done to support protection for people who come into contact with technology.
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