AI Legislative Guide |
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Indonesia |
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(Asia Pacific)
Firm
ABNR Counsellors At Law
Contributors
Emir Nurmansyah |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | Yes. The Ministry of Communications and Information Technology (“MCIT”) has issued Circular Letter No. 9 of 2023 on the Ethics on Artificial Intelligence (“CL AI”), which provides general guidelines on the use of AI in Indonesia. However, the CL AI merely contains high-level guidelines and principles on the use of AI, instead of providing detailed requirements on the use of AI. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | The CL AI generally acknowledges the increasing development and integration of AI in Indonesia. Considering the ever-developing nature of this technology in its current state, the MCIT issued the CL AI as a reference on value and ethics in implementing AI. The CL AI requires the implementation of AI to consider the following aspects: inclusivity, humanity, security, accessibility, transparency, credibility and accountability, personal data protection, sustainable development and environment, and protection of intellectual property. The CL AI also emphasizes the involvement of humans by prohibiting the use of AI as the ultimate decision-making tool. Taking into account the nature of CL AI, which is not a binding regulatory instrument, it is implied that the MCIT is adopting a “wait and see” approach to avoid imposing restrictive rules that may prevent the development of AI, whilst giving them the opportunity to determine the most appropriate approach to regulate this technology. This is consistent with the principles of “technological-neutral” adopted by Law No. 11 of 2008 on Electronic Information and Transactions, as amended by Law No. 1 of 2024. |
| Which agency regulates the use of AI in your jurisdiction? | The Ministry of Communication and Information Technology ("MCIT") regulates the use of AI in Indonesia. |
AI Legislative Guide
Indonesia
(Asia Pacific) Firm ABNR Counsellors At LawContributors Emir Nurmansyah Ayik Candrawulan Gunadi Nurdin Adi Wibowo
Updated 01 May 2024Yes. The Ministry of Communications and Information Technology (“MCIT”) has issued Circular Letter No. 9 of 2023 on the Ethics on Artificial Intelligence (“CL AI”), which provides general guidelines on the use of AI in Indonesia. However, the CL AI merely contains high-level guidelines and principles on the use of AI, instead of providing detailed requirements on the use of AI.
The CL AI generally acknowledges the increasing development and integration of AI in Indonesia. Considering the ever-developing nature of this technology in its current state, the MCIT issued the CL AI as a reference on value and ethics in implementing AI. The CL AI requires the implementation of AI to consider the following aspects: inclusivity, humanity, security, accessibility, transparency, credibility and accountability, personal data protection, sustainable development and environment, and protection of intellectual property. The CL AI also emphasizes the involvement of humans by prohibiting the use of AI as the ultimate decision-making tool. Taking into account the nature of CL AI, which is not a binding regulatory instrument, it is implied that the MCIT is adopting a “wait and see” approach to avoid imposing restrictive rules that may prevent the development of AI, whilst giving them the opportunity to determine the most appropriate approach to regulate this technology. This is consistent with the principles of “technological-neutral” adopted by Law No. 11 of 2008 on Electronic Information and Transactions, as amended by Law No. 1 of 2024.
The Ministry of Communication and Information Technology ("MCIT") regulates the use of AI in Indonesia.