Joss.Al-Makkipublisher.Com/Index.Php/Js

1530

JOSS :

Journal of Social Science

INTRODUCTION

Artificial intelligence is a very valuable asset but can also pose a threat to privacy and

data security because it continues to evolve and develop its own learning. However, it cannot

be denied that society is increasingly dependent on artificial intelligence to solve complex and

high-risk problems in various sectors such as health (patient diagnosis), financial services,

innovation, but they also want artificial intelligence to serve a good purpose. However, global

views on artificial intelligence regulation still vary, and the debate about the need for regulation

continues to grow along with the emergence of new technologies, so artificial intelligence

regulation is still local.

Although regulation of artificial intelligence can play an important role in safeguarding

the public interest, minimizing risks, and creating a safe and comfortable innovative

environment, regulating artificial intelligence is not easy; it is complicated, and there are

challenges that must be overcome and circumvented carefully. According to Cason Schmit,

Assistant Professor of Public Health, Texas A&M University, quoted by The Conversation

2023, “setting up artificial intelligence is not easy; it is very complicated. To regulate artificial

intelligence well, we must first define and understand the risks and benefits of artificial

intelligence. Defining artificial intelligence legally is important in order to identify what

matters may be subject to the law.” However, in reality, artificial intelligence technology is

still developing, so it is difficult to establish a fixed legal definition. It is impossible to regulate

the development of artificial intelligence technology; what can be regulated is the application

of artificial intelligence technology in various sectors.

States, and China. global agreements, primary legal materials in the form of laws and

regulations related to the discussion in this article, and secondary legal materials in the form of

journals, books, opinions, and news, all of which were analyzed using descriptive analysis by

presenting an overview of the results of this article without providing justification for the

results of the article. This and the following are concluded.

RESULTS AND DISCUSSION

Artificial Intelligence

Up to now, there has been no standard definition of artificial intelligence, but from

various literary sources, it can be concluded that artificial intelligence is the ability of digital

skillfully. However, despite continued advances in computer processing speed and memory

capacity, no program has yet been able to match human flexibility in broader domains or in

tasks that require a lot of everyday knowledge. On the other hand, some programs have reached

the level of performance of human experts and professionals in performing certain specific

tasks, so artificial intelligence in this limited sense is found in applications as diverse as medical

diagnosis, computer search engines, and speech or handwriting recognition. All but the

simplest human behavior is ascribed to intelligence, while even the most complex insect

behavior has never been considered indicative of intelligence. What is the difference?

Consider the behavior of the digger wasp, Sphex ichneumoneus. When a female wasp

returns to her burrow with food, she first deposits it in the doorway, checks for intruders inside

ability to adapt to new circumstances (Indonesia Itu Concern Forum-Forum Penggait

Indonesia Itu, 2013).

Artificial intelligence was created to carry out functions, namely assisting humans in

doing work, minimizing errors in doing work, automating work, and applying artificial

intelligence to increase effectiveness and efficiency and productivity. In this digital era, the use

of artificial intelligence is increasingly massive, such as face ID (facial identification),

smartphone security, e-commerce recommendations, search engines, and social media. Apart

several cases of the use of artificial intelligence that have had adverse impacts and raised ethical

concerns. The sophistication of artificial intelligence allows it to operate autonomously without

human intervention. Tesla vehicles operating on the highway independently have caused fatal

accidents, hitting pedestrians. Another case happened to a Belgian citizen who stated that her

husband committed suicide after talking about climate change with an artificial intelligence

chatbot (Giovani Dio Prasasti, 2023).

Furthermore, several cases that often occur due to the use of artificial intelligence include

changing a person's voice, which is often found on various digital platforms. Biased artificial

intelligence content that is racist and sexist Microsoft-published chatbots, ChatGpt containing

flaws and inaccuracies, Deepfake videos, and concerns about accountability, fairness,

Israel's actions constitute a violation of human rights (Amnesty International, 2023). A part,

from the above mentioned, the use of artificial intelligence also has the impact of bias and

discrimination, as the case of Amazon's automatic resume filter, which excluded female

equivalent credit qualifications.

A huge impact on people's lives. A study conducted by UC Berkeley found that risk

prediction tools used in healthcare, which affect millions of people in the United States each

year, have considerable racial bias. On a given risk score, black patients were significantly

sicker than white patients. Privacy and security concerns, such as facial recognition technology

being deployed in cities and airports across the US, As a result of privacy concerns, many

cities, including Oakland, San Francisco, and Brookline, have implemented bans on the

technology.

The influence of the use of artificial intelligence that extends to various fields, such as

civil rights, politics, economics, society, and culture, certainly raises ethical concerns about

human enslavement by man-made machines, job loss, military applications, lethal autonomous

weapons, and invasion of privacy. The presence of intelligence has brought new challenges for

humans in managing complex and high-risk technologies responsibly. So what is the role of

technological progress in regulating artificial intelligence systems for good, ethical, and legal

purposes and minimizing the risks posed by artificial intelligence? The role of regulation in

keeping pace with the development of artificial intelligence is in the spotlight.

Regulating artificial intelligence

is complicated and there are challenges. The law always staggers with the times (Het recht

hinkt achter de faiten aan).

According to (Wheeler, 2023) there are three main challenges to regulating artificial

intelligence. First, speed. Adapting regulations to the extraordinary speed of AI development

requires agile regulation to prevent negative impacts related to privacy, market concentration,

user manipulation, and the spread of disinformation. Second, determine the material that needs

to be regulated. Regulation of artificial intelligence must take into account the complexity of

this technology and distinguish between different risks and uses. This involves three threshold

areas: addressing abuse of legacy models, addressing ongoing digital abuse, and addressing the

impact of artificial intelligence itself. A risk-based approach with a focus on duty of care,

technology has become a fundamental need, a number of large countries in the field of artificial

intelligence technology, such as England, the United Kingdom, the United States, the European

Union, and China, Seriously, they have formulated rules for the development and use of

artificial intelligence technology through different approaches, but they all have the same aim.

They want to ensure that the development and use of artificial intelligence provide

benefits to society and do not cause negative impacts that are detrimental to society. England

and the United Kingdom prefer a light touch approach by not enforcing new regulations to

boost investment in the digital technology sector and make Britain an artificial intelligence

superpower through the publication of several books. And is looking for ways to control

artificial intelligence technology that can create content automatically. The British Prime

The United States, in both the Trump and Biden eras, despite choosing a light touch

approach, has taken significant steps in regulating artificial intelligence. The United States has

established rules for the use of AI in government agencies called the "Blueprint for an AI Bill

of Rights." to ensure that AI does not have a negative impact on society. The National Agency

for Standards and Technology (NIST), January 2023, has created guidance and resources on

AI entitled "Artificial Intelligence Risk Management Framework (AI RMF 1.0)" to ensure

transparency in its development. The White House, through the Office of Science and

with four laws (University, 2023). Meanwhile, Indonesia so far does not have specific

regulations regarding artificial intelligence.

The European Union enforces risk-based regulations with strict supervision, maintaining

a balance by providing measurable freedom for technological development. It's like the head

is removed, but the tail is still held. When the head is potentially problematic, then the tail is

pulled. Since 2021, the European Union has designed the EU AI ACT, which was ratified by

the European Union Parliament in December 2023. AI ACT was created to protect democracy,

the rule of law, and fundamental rights such as freedom of expression, while at the same time

encouraging investment and innovation. Prohibits some uses of AI because they are considered

to have insurmountable risks, such as social scoring systems that determine how people should

regulates technology in the country. In April 2023, it will consider new rules for AI, including

guidelines for research, development, and use of AI in the public and private sectors.

Artificial intelligence regulations that have been made by a number of countries are still

local and for the interests of their respective countries, while the development of artificial

intelligence technology has become global, requiring a big legal framework to be implemented

jointly throughout the world. For this reason, 28 countries, including figures and CEOs of

artificial intelligence technology developers who attended the High Level Conference, which

took place November 1–2, 2023, at Bletchley Park, not far from the City of London, agreed to

discuss joint rules for regulating artificial intelligence, which are contained in the Declaration

Bletchey, which outlines a shared vision to encourage safety and ethical considerations in the

good of humanity. This is a momentum for collaborative efforts in building a global framework

to ensure useful intelligence and mitigate risks that arise. However, until now, there has been

no further detailed explanation regarding how it is regulated and how the government can

regulate the development of adaptive artificial intelligence.

Regulation of Artificial Intelligence in Indonesia

Indonesia does not yet have specific regulations for the application of artificial

intelligence technology, although since 2020, the Indonesian government has released the

Electronic Systems and Transactions (PP PSE), Regulation of the Minister of Communication

and Information Number. 5 of 2020 concerning Implementation of Private Scope Electronic

Systems (Permen PSE), as well as Law No. 28 of 2014 concerning Copyright (Copyright Law)

and In December 2023, the Indonesian government issued Circular Letter Number 9 of 2023

concerning the ethics of artificial intelligence as a guide for business actors in developing

internal policies for utilizing artificial intelligence. According to the Law on the Establishment

of Legislative Regulations, The Circular does not fall into the category of statutory regulations

and is a short-term strategy. Circulars function to provide the latest explanation regarding these

problems to the public. Shows the government's attitude towards a particular problem. And it

can be used as a basis for the direction of forming legal instruments in the future (Fachry Hasani

protection, cyber security, and e-commerce. The difference is that China still chooses to issue

special laws to regulate artificial intelligence.

Several things that can be used as a reference for Indonesia include the establishment of

artificial intelligence regulations in China at the national, regional, and local levels. Such as

the Sanghai AI Regulation on AI Industry Development. This regulatory approach at the local

level aims to balance the importance of regulation and innovation in AI development, which

of course provides flexibility and encouragement for AI development at the local level. In fact,

Indonesia has a vision regarding artificial intelligence for 2020–2045 issued by the Agency for

the Assessment and Application of Technology (BPPT) with five priorities regarding artificial

intelligence and the Circular Letter of the Ministry of Communication and Information

regulations can encourage legal certainty for developers and users. One approach that the

Indonesian government can take is to use other countries' intelligence regulations as a

reference, just as when drafting the Personal Data Protection Law, it adopted aspects of

personal data regulations in other countries by considering the Indonesian context.

Article 1 paragraph (3) of the 1945 Constitution states that the Indonesian State is a State

of Law, which is obliged to provide clear legal certainty regarding problems that occur and

even those that will occur in society by establishing special regulations related to artificial

application in society (Nonet & Selznick, 2019). However, the formation of Indonesian

artificial intelligence regulations cannot be achieved only by the government; it requires

collaboration involving the legislative, executive, and judicial institutions, together with the

community, the telecommunications community, and the world of academic industry.

CONCLUSION

of 28 countries, figures, and CEOs of artificial intelligence developers, must be adhered to,

followed up on, detailed, and used as a binding reference for countries developing and using

artificial intelligence without exception.

Smart and progressive artificial intelligence regulation is needed to ensure the protection

of user data privacy and security, promote transparency, and avoid bias in artificial intelligence

algorithms. Regulations must also prevent security risks such as the spread of false information,

protect human rights, cover ethical aspects, social and economic impacts, and security with

intergovernmental cooperation, and carry out regular updates and audits involving the public.

And ensuring that artificial intelligence provides maximum benefits without harming human

interests or societal values. And ensuring that artificial intelligence provides maximum benefits

Amnesty International. (2023). Israel/OPT: Israeli authorities are using facial recognition

technology to entrench apartheid. Amnesty International.

https://www.amnesty.org/en/latest/news/2023/05/israel-opt-israeli-authorities-are-

using-facial-recognition-technology-to-entrench-apartheid/

Declaration, B. (2023). The Bletchley Declaration by Countries Attending the AI Safety

Summit, 1-2 November 2023. AI Safety Submmit.

https://www.gov.uk/government/publications/ai-safety-summit-2023-the-bletchley-

declaration/the-bletchley-declaration-by-countries-attending-the-ai-safety-summit-1-2-

november-2023

Fachry Hasani Habib. (2024). Menakar Prospek Pengaturan Artificial Intelligence di

Indonesia. Hukum Online. https://www.hukumonline.com/berita/a/menakar-prospek-

University, S. (2023). Measuring trends in Artificial Intelligence. Standford University.