Pertanggungjawaban Direksi dan Integrasi AI Governance di Indonesia: Kajian atas Fiduciary Duty dan Business Judgement Rule di Tengah Kekosongan Hukum Pengaturan Kecerdasan Artifisial serta Perlindungan Karya Hak Cipta yang Dihasilkan oleh AI

Abstract

Artificial intelligence (AI) has become a catalyst for global business transformation, demanding a redefinition of corporate legal paradigms in Indonesia. The use of AI in strategic decision-making raises issues of accountability, particularly concerning the Fiduciary Duty and Business Judgement Rule (BJR) that underpin directors’ responsibilities. This study aims to analyze the legal status of AI within Indonesia’s positive law system, reinterpret fiduciary duty principles and BJR protections in AI-based decision-making, and examine the relationship between AI Governance and copyright protection for AI-generated works. This research employs a normative legal method with statutory, conceptual, and comparative approaches. The analysis reveals that the absence of legal personhood recognition for AI assigns full legal liability to directors as fiduciary duty holders. The Business Judgement Rule can only protect directors if AI-related decisions are made through critical assessment and transparent documentation. In the field of intellectual property, the adoption of the work made for hire doctrine is relevant to protect copyrights of AI-generated works by positioning the user as the copyright holder. This study concludes that the integration of AI does not replace human accountability in corporate law but rather reinforces the necessity for transparent, accountable, and ethical AI governance within Indonesia’s legal system.