Perlindungan Konsumen dalam Ekosistem E-Commerce Berbasis AI dalam Tinjauan Hukum Perdata Internasional

Abstract

The rapid development of the artificial intelligence (AI)-based e-commerce ecosystem has created new complexities in consumer protection, particularly when violations involve multiple jurisdictions or cross jurisdictions. This study aims to analyze the international private law framework for providing consumer protection against violations in the AI-based e-commerce ecosystem, identify challenges in selecting appropriate laws and jurisdictions, and formulate recommendations for effective protection mechanisms. This study uses a normative descriptive method by reviewing laws and regulations, international conventions, and academic literature related to international private law and consumer protection. The analysis was conducted qualitatively through content analysis and a comparative study of legal frameworks across jurisdictions. The results show that the existing international private law framework is inadequate to address the complexity of AI systems operating across borders, particularly in determining applicable law and competent jurisdiction when algorithmic bias and automated decision-making occur that are detrimental to consumers. The fragmentation of cross-border regulations is a major obstacle to the enforcement of consumer rights. This study recommends the development of international legal harmonization and alternative dispute resolution mechanisms that specifically address cross-jurisdictional AI-related consumer disputes.