Penerapan Prinsip Lex Loci Contractus dalam Kontrak Digital Berbasis AI antara Pelaku Usaha Internasional

Abstract

The development of digital technology and artificial intelligence (AI) has had a significant impact on the paradigm shift in the creation and implementation of international contracts. AI based digital contracts enable efficient cross border transactions through automation and algorithmic analysis. However, this progress raises legal challenges, particularly in the application of the lex loci contractus principle, which traditionally stipulates applicable law based on the place where the contract is made. In AI-based digital contracts, the physical location of the contract is unclear because the process takes place virtually and can involve cross-jurisdictional AI systems and the protection of the rights and obligations of the parties. This study aims to analyze the application of lex loci contractus in the context of AI-based digital contracts between international business actors, by examining the need for adaptation of legal principles to remain relevant in the digital era. The research method used is normative juridical with a descriptive analytical approach, focusing on the analysis of legal norms, doctrine, and international practices related to digital contracts and AI. The results of the study indicate that the lex loci contractus principle needs to be interpreted flexibly by considering the legal location of the parties or where the AI system operates significantly. This adaptation is expected to provide legal certainty, guarantee legal protection for the parties, and encourage the formation of an international contract legal framework that is responsive to developments in AI technology.