印度尼西亚利用人工智能的刑法应用

Murshal Senjaya
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引用次数: 0

摘要

印度尼西亚没有专门的法律法规对人工智能进行规范,因此《信息技术教育法》扩大了对人工智能相关法律法规的规范。在《信息技术教育法》中,人工智能是一种电子系统和电子代理,在这种情况下,电子系统和电子代理的法律规范中所包含的要素符合人工智能在执行行动和行为时的特点。对于人工智能实施的行为,根据《信息技术教育法》有权承担责任的人是电子系统管理员,他们是可以对人工智能的使用承担责任的法律主体。从刑法的角度来看人工智能的使用,在这种情况下,人工智能不能被归类为法律主体,因为根据几位专家的观点,责任的概念是它具有意识并能意志其行为,而众所周知,人工智能对其实施的行为没有意识,而且人工智能也不能意志它。关于实施犯罪行为的可能性,从与人工智能使用中的责任有关的刑法角度来看,人工智能的创造者和使用者可以对人工智能实施的行为负责。因为人类是刑法中的绝对法律主体,对人工智能实施的行为和行动具有意识和故意要素
本文章由计算机程序翻译,如有差异,请以英文原文为准。
APPLICATION OF CRIMINAL LAW TO UTILIZATION ARTIFICIAL INTELLIGENCEIN INDONESIA
In Indonesia there are no specific legal regulations that regulate AI, this is the reason the ITE Law has an expansion to regulate legal regulations related to AI. In the ITE Law, AI is an electronic system and electronic agent where the elements contained in the legal regulation of electronic systems and electronic agents in this case are in accordance with the characteristics of AI in carrying out the actions and deeds it carries out. In relation to actions carried out by AI, those who have the authority to be responsible under the ITE Law are electronic system administrators who consist of legal subjects who can be held accountable for the use of AI. The use of AI from a criminal law perspective, in this case, AI cannot be classified as a legal subject, because according to several experts, the concept of responsibility is that it has awareness and can will its actions, and as is known, AI does not have awareness of the actions it carries out and also AI cannot will it. regarding the possibility of a criminal act being committed, and from a criminal law perspective related to responsibility in the use of AI, the creators and users of AI can be held responsible for the actions committed by the AI. Because humans are absolute legal subjects in criminal law who have awareness and an element of intentionality regarding the actions and actions carried out by AI
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