Analisis Tantangan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta terhadap Ciptaan yang Dihasilkan oleh Generative Artificial Intelligence (Gen-AI) di Indonesia

Abstract

The rapid development of digital technology in the 20th century, particularly with the advent of Generative Artificial Intelligence (Gen-AI) technology, which is part of Artificial Intelligence (AI) that is now capable of creating works based on human commands (prompts), has caused major disruption and new legal challenges in the field of copyright in Indonesia. This study aims to analyze the challenges of Law Number 28 of 2014 concerning Copyright to creations produced by Gen-AI, as well as to assess the extent of legal certainty. The legal research method used is a normative legal research method, with a statute approach and a conceptual approach. The legal materials used are primary and secondary legal materials. The results of the analysis are presented descriptively. The results show that the Copyright Law still places humans as the only legal subjects in creation, so that works produced by Gen-AI are not included in the category of protected creations. This condition creates a legal vacuum (rechtsvacuum) and uncertainty regarding the ownership and originality of the work. It is concluded that the Indonesian copyright legal framework is not yet fully adaptive to technological developments. Therefore, legal reform is needed to expand the definition of “creator” and explicitly regulate works produced by Gen-AI in order to provide legal certainty and protection in the era of artificial intelligence.