Peran UNCITRAL dalam Menyusun Instrumen Hukum Perdata Internasional Terkait Artificial Intelligence

Abstract

The rapid development of Artificial Intelligence (AI) has significantly influenced international trade, particularly in the formation of automated contracts executed by autonomous systems. The use of AI raises new legal issues concerning contract validity, civil liability, and data protection in cross-border dispute resolution. This study aims to analyze the role of the United Nations Commission on International Trade Law (UNCITRAL) in drafting international private law instruments responsive to AI developments, with a specific focus on the Model Law on Automated Contracting (2024). The research applies a normative juridical method through statutory, conceptual, and comparative approaches. Primary legal materials consist of official UNCITRAL documents, while secondary sources include academic literature and international regulations on AI. The findings indicate that UNCITRAL has established a legal basis for recognizing contracts formed through automated systems and has contributed to the harmonization of cross-border legal frameworks. However, gaps remain concerning civil liability, algorithmic explainability, and confidentiality protection. The conclusion is that although UNCITRAL has taken a progressive step through the Model Law 2024, further instruments are needed to ensure legal certainty. This research suggests that UNCITRAL should formulate additional guidelines, strengthen harmonization with other international instruments, and encourage member states to adopt and adapt the Model Law 2024 according to their domestic contexts.