Journal of Private and Commercial Law

Civil Liability for Losses Resulting From the Use of Artificial Intelligence

2026-04-02T09:44:21+00:00

This study aims to discuss whether Artificial Intelligence (AI) can be held liable for causing harm, and to explore the civil liability mechanisms applicable in such cases. The research method used is normative legal research with a legislative and conceptual approach. Legal materials were collected through a literature review of relevant laws, regulations, and legal documents, and the data was analyzed using qualitative descriptive data analysis methods. The results of the study show that that AI cannot be held liable, as it is not a legal subject but a legal object. Civil liability is imposed on the owner or party controlling the AI based on Articles 1365 and 1367 of the Civil Code. This liability can be imposed absolutely (strict liability). This study suggests that the government needs to immediately formulate specific regulations governing the use of AI and accountability for losses caused by Artificial Intelligence technology, and that users and owners of AI technology need to be more careful and wiser in using artificial intelligence technology.

The Weaknesses of the Regulation on the Issuance of Green Bonds and Its Implications to Investor Protection: A Comparative Study Between Indonesia and France

2026-05-22T01:55:32+00:00

The Financial Services Authority (OJK), as the authorized institution in the financial services sector, has issued POJK Number 18 of 2023 concerning the Issuance and Requirements of Debt Securities and Sukuk Based on Sustainability as a form of support for the environment, by integrating environmental, social, and governance (ESG) into financial relations. However, the regulation does not yet address the limitations of transparency and accountability of information for the public or investors, the registration and certification of external review providers in assessing business activities, and the prohibition of greenwashing. In contrast, France already has regulations that address these issues through harmonization, thereby closing the gaps that still exist in Indonesian regulations. This type of research uses a normative research method with two approaches, namely a legislative approach and a comparative law approach. The study concludes that regulations governing the issuance and requirements for environmental bonds in Indonesia are not yet fully optimal or comprehensive, which may affect investor protection. Meanwhile, in France, through the European Green Bond Standard, EU Taxonomy Requirements, Sustainable Finance Disclosure Regulation, and Code de la Consommation, regulations address the weaknesses in Indonesian regulations as a form of legal protection for investors.

Implications of Intellectual Property Valuer Regulation on Legal Certainty in The Fulfillment of Fiduciary Guarantee Agreements

2026-06-12T03:48:11+00:00

Indonesia has progressively strengthened the legal framework for intellectual property-based financing through Government Regulation Number 24 of 2022 and Minister of Creative Economy/Head of Creative Economy Agency Regulation Number 6 of 2025 on Intellectual Property Valuators. These regulations provide a more structured framework for valuing intellectual property used as fiduciary collateral. This study examines the implications of the regulation of intellectual property valuators for legal certainty in satisfying the objective validity requirements of fiduciary guarantee agreements. Using normative legal research with statutory and conceptual approaches, the study analyzes the relationship between the legal determinability of intellectual property, the reliability of its economic valuation, and creditor protection. The findings demonstrate that the current framework has strengthened legal certainty by regulating valuation approaches, professional qualifications, registration procedures, professional obligations, and supervisory mechanisms. Nevertheless, substantive gaps remain concerning the governance of valuation panels, the evidentiary weight of valuation reports, professional liability, periodic revaluation, the recognition of collateral values under banking regulations, and enforcement mechanisms. This study argues that uncertainty or fluctuation in the economic value of intellectual property does not automatically render the collateral object indeterminate or the fiduciary guarantee agreement null and void. Further regulatory harmonization, accountable valuation procedures, integrated registration and valuation data, and effective market infrastructure are therefore required to strengthen creditor protection and the implementation of intellectual property based financing.