Pemanfaatan Kecerdasan Buatan (AI) sebagai Pihak Ketiga Netral dalam Alternatif Penyelesaian Sengketa Hukum Kekayaan Intelektual

Abstract

This study examines the utilization and challenges of Artificial Intelligence (AI) as a neutral third party in Alternative Dispute Resolution (ADR), focusing specifically on Intellectual Property (IP) disputes. The advent of autonomous AI raises critical questions regarding its eligibility for substantive Decision Making, given the conflicts with established legal frameworks and the requirement for high-quality qualitative judgment in IP cases. This research employs the Normative Legal Research (Yuridis Normatif) method, utilizing Statute and Conceptual Approaches to analyze legal norms. The analysis reveals that AI, classified as an object of law rather than a legal subject, is disqualified from acting as an autonomous arbiter under Article 12 of the Indonesian Arbitration Law (UU Arbitrase), which mandates personal/biological qualifications. Furthermore, AI demonstrates vulnerability in assessing subjective IP elements, such as the inventive step for Patents and originality for Copyright. The conclusion confirms that AI’s optimal role is as a sophisticated supporting tool (e.g., Lex Machina, Arbilex) for predictive data analysis, reserving substantive decision-making for human third parties. To address potential error of judgment arising from autonomous AI, the study proposes the necessary implementation of Strict Liability (Pertanggungjawaban Mutlak) imposed upon AI operators or producers.