Indonesia's Legal System Faces Challenge of Keeping Pace with Technological Advancements

Legal academic Nasib Mikael Saragih, a graduate of Krisnadwipayana University's Master of Law program, has assessed that Indonesia's biggest legal challenge today is no longer a lack of regulations, but rather the legal system's inability to keep up with the rapid pace of technological and digitalization changes. Saragih shared this perspective after attending his graduation ceremony at the Jakarta International Convention Center (JICC) on Wednesday, July 22. He noted that technological advancements have transformed nearly every aspect of people's lives, yet the regulatory and law enforcement systems have not fully adapted to these shifts. "We used to think that Indonesia's legal challenge was a lack of laws. Now the challenge is actually the rapid change, while the law is lagging behind," Saragih stated. He outlined at least four major challenges facing Indonesian law in the future: First, the development of digitalization and artificial intelligence (AI). As more activities, from public services to economic transactions and dispute resolution, move online, issues such as personal data leaks, online fraud, and the use of AI require more adaptive legal frameworks. Saragih emphasized the need for laws that are "flexible but still have clear limits. Don't let innovation be hampered, but the community must also be protected." Second, digitalization can create new disparities if not accompanied by increased public literacy. He observed that the elderly, MSMEs, people with disabilities, and those in rural communities still face limitations in accessing digital services. "If public services are only easily accessible by people who are technologically literate, then we are creating a new form of injustice," he warned. Third, Saragih highlighted the growing role of algorithms and AI in decision-making across various sectors, including employment and financial services. He stressed the necessity of regulations that govern the accountability of AI use, ensuring that decisions made by these systems can be legally accounted for. "If the system makes mistakes or produces discriminatory decisions, there must be someone responsible. It can't all be left to the system," he asserted. Fourth, he identified improving the quality of human resources for law enforcement officers as an urgent need. Saragih argued that technological advancements will not be optimally leveraged for law enforcement without a corresponding increase in the ability of officers to understand digital evidence and technological developments. "No matter how advanced the technology is, it will not be optimal if the quality of human resources and the integrity of law enforcement officers do not increase," he concluded. Saragih expressed his desire to contribute to bridging the understanding between the legal and technology sectors, enabling policymakers to grasp technological developments and digital industry players to understand applicable legal aspects. He also hopes that Indonesia's digital transformation will continue to prioritize justice, especially for vulnerable groups, people with disabilities, MSMEs, and those in underdeveloped areas. He believes adaptive and inclusive regulations are key to ensuring technological progress goes hand-in-hand with the protection of people's rights. Source: VOI English