HAK KEKAYAAN INTELEKTUAL ARTIFICIAL INTELLIGENCE : URGENSI REFORMASI HUKUM NASIONAL

Abstract

The development of Artificial Intelligence (AI) poses crucial challenges in the
Indonesian Intellectual Property Rights (IPR) regime with two main problem
formulations: 1) How does the current Indonesian positive legal regulation
regulate works or inventions produced by Artificial Intelligence and is there a
normative vacuum regarding the recognition of Artificial Intelligence as a creator
or inventor in the IPR regime? 2) How do the applicable legal provisions regulate
the ownership and protection of Intellectual Property Rights over works or
inventions produced through automated processes by Artificial Intelligence, and to
what extent do these provisions provide legal certainty? This normative juridical
research uses a statutory, conceptual, and comparative approach to Copyright Law
No. 28 of 2014 and Patent Law No. 13 of 2016, finding that positive law limits
creators/inventors to humans only (Pasal 1 paragraph 9 of the HC Law, Pasal 4
letter d of the Patent Law) thus making AI a legal object rather than a subject,
creating a normative vacuum such as the global DABUS case where IPR ownership
depends on human contributions without the certainty of a fully automated process.
It is recommended that AI-specific legislation reform based on ethics be
implemented in the Minister of Communication and Information Technology
Circular Letter No. 9 of 2023 for Indonesia's adaptive protection.
Keywords: Artificial Intelligence, Intellectual Property Rights, AI Inventors, IPR
Norm Void, Legal Certainty