Analisis Tanggung Jawab Hukum Perdata Internasional dalam Kontrak Elektronik Lintas Negara Berbasis Artificial Intelligence

Abstract

The rapid development of Artificial Intelligence (AI) in cross-country electronic contracts has raised several significant challenges to the principles of determining the responsibility of traditional international civil law. One of the challenges is the emergence of normative gaps in existing international instruments. Instruments such as UNCITRAL Model Law on Electronic Commerce (MLEC), Model Law on Electronic Transferable Records (MLETR), and United Nations Convention on Contracts for the International Sale of Goods (CISG) are not designed to regulate the role of algorithmic agents or AI outputs specifically. This results in difficulties in attributing automatic actions, setting technical proof standards, determining legal options, jurisdictions, and recognition and enforcement of foreign judgments. This research uses normative juridical methods with a regulatory and conceptual approach to examine the position of International Civil Law related to legal responsibility in cross-country contracts involving AI. The results of the study show that the determination of responsibility can adopt a model that complements contractual responsibility with clear risk allocation clauses, error-based liability that requires adequate documentation, strict responsibility for high-risk AI, and platform responsibility. The most realistic harmonization to reduce normative gaps and prevent fragmentation is through the adaptation of existing international instruments, the development of model clauses for legal choice or the selection of special forums for AI-based transactions, as well as multilateral cooperation to set standards for auditability and technical transparency.