Henry Arianto
Universitas Trisakti, West
Jakarta, Indonesia
henry.arianto8@gmail.com
KEYWORDS |
ABSTRACT |
Readiness,
legal education system, artificial intelligence |
Many parties
are then worried about the development of artificial intelligence. Facing
artificial intelligence (AI) is undoubtedly a challenge for the academic
world, as it is difficult to prepare graduates to have abilities that can
match artificial intelligence. Therefore, this research will discuss how the
legal education system in Indonesia prepares Law Faculty students to be
competent with AI in the digital era. This research
is limited to the learning system at the Faculty of Law. This is due to the
issue that in the future, with the presence of AI, many jobs in the legal
field will be replaced by computers. This research also aims to see the
readiness of the Law Faculty in preparing Law Faculty students to face the
digital era and the presence of AI. This research falls into
the criteria for Normative Legal Research using library research methods. It
is said to be normative legal research, because the research only looks at
the readiness of universities based on existing norms or rules relating to
the legal education system. And it is said to be library research because the
researcher did not conduct interviews or observations in collecting the data.
The writer then analyzed the data obtained using a deductive method, where
the researcher looked at general things first and then narrowed them down to
specific things. The results and brief discussion show that Indonesia needs
to strengthen its legal education system to face the challenges brought by
artificial intelligence by taking several steps to change. With these steps
of change, the legal education system in Indonesia will be better prepared to
face the changes brought about by the era of artificial intelligence. |
DOI: 10.58860/ijsh.v3i2.163 |
|
Corresponding Author: Henry Arianto
Email: henry.arianto8@gmail.com
INTRODUCTION
Technological
advances have supported many human activities, including artificial
intelligence (AI), which, when translated into Indonesian, more or less means
Artificial Intelligence (Amboro
& Komarhana, 2021). Many parties are then
worried about the development of artificial intelligence (after this, referred
to as AI). This is because the presence of AI is predicted to be able to take
over jobs that humans have done. With the development of technology alone, many
human jobs have been replaced by machines (Kim
et al., 2017). One is a motorway guard
machine, better known as a toll road. If, in Indonesia, around the 90s, toll
road gates were guarded by humans, who would serve toll road drivers entering
and exiting the toll road and making payment transactions, now toll road gates
are no longer protected by humans. Transactions now use electronic payments (Roy
et al., 2021). Motorists only need to
attach the card to the device installed at the toll road entrance or exit to
make a payment transaction so that the motorist can enter or exit the toll
road.
Daily Mail
page on February 26 2018, Artificial Intelligence (AI) has beaten leading
lawyers for the first time in a competition to understand legal contracts (Baker,
2018). The algorithm was
created by New York and Tel Aviv, Israel-based legal platform LawGeex AI (Lefkowitz
et al., 2017). The results of this
competition were quite surprising to many groups, such as law professors from
Stanford University, Duke University School of Law, and the University of
Southern California (Lefkowitz
et al., 2017). How stunning, this is
because the AI lawyer managed to beat 20 (20) lawyers who already had quite
reliable experience in the legal field.
Apart from
America, in England, the presence of Artificial Intelligence (AI) has also been
felt by many parties, one of which is among those seeking legal assistance. AI
in the UK is used as a provider of legal aid for its people, and statistics
record that the presence of this AI has served and provided at least more than
1,000 legal aids and has helped around 160,000 people, and there are many other
examples.
Facing
artificial intelligence (AI) is undoubtedly a challenge for the academic world,
as it is difficult to prepare graduates to have abilities that can match
artificial intelligence (Alam,
2020). Therefore, in this
research, researchers will discuss how the legal education system in Indonesia prepares
Law Faculty students to be competent with AI in the digital era (Tejomurti
& Hermawan, 2022).
This research
is motivated by advances in computer technology which have now succeeded in
creating artificial intelligence (AI), where it is predicted that many human
jobs will be replaced by robots with high AI or computers with high AI. Because
the researcher has a law degree background and works as a lecturer at the
Faculty of Law, the researcher will only focus his research on the readiness of
universities, especially the Faculty of Law, in preparing their students to be
ready to compete with artificial intelligence. One of the phenomena that has
occurred is the emergence of AI Lawyer or lawyers in the form of Artificial
Intelligence, which is a technological advancement in the legal field, where
the profession of lawyer or lawyer is replaced by the results of artificial
intelligence. In theory, the presence of AI should not really affect legal
professions, such as lawyers, prosecutors and judges, because law enforcement
not only processes data and determines what is wrong and what is right, but
must also pay attention to society's sense of justice. It could be that a thief
commits theft because he is hungry and instead of starving to death he steals,
and if the loss is not large, the judge could acquit the thief or replace the
sentence with social work. It is these things related to a sense of justice
that in theory AI does not yet have. However, in practice, many legal fields
have replaced AI and it is feared that this will also reduce labor absorption (Estlund,
2018). Therefore, this research
asks "How is the readiness of the Law Faculty through its Legal Education
System to prepare its students or graduates to face the era of artificial
intelligence?"
METHOD
In legal
research, there are two research methods, namely normative legal research and
empirical legal research. Normative legal research examines issues originating
from norms, whereas empirical legal research examines issues originating from
behavior or behavioral trends so that they are related to empirical situations
that occur in society. In this research, the author uses normative legal
research because it only examines issues originating from existing norms or
rules related to the readiness of universities to prepare students to face the
AI era. From the criteria for legal science research, it is divided into
library research or often called library research, and field research or also
called field research. It is called library research because the type of
research is generally qualitative which is usually carried out without going
into the field. Data for this research were obtained from written works,
including research results that have been published and that have not yet been
published. The main data sources come from libraries, such as books,
encyclopedias, journals, documents and magazines. The goal is to collect,
analyze, and present information from written sources. It is called field
research because the research is carried out by going directly into the field
or research object area. Data was obtained through observation, interviews,
case studies and surveys. The aim is to understand the phenomenon in depth and
collect relevant data from the research location. In this research, because the
researcher did not conduct observations or interviews, the criteria for this
research are included in the criteria for library research. The subjects of
this research are universities in Indonesia, in order to prepare their
graduates to be ready to compete with computers that have artificial
intelligence. This research falls into the criteria for Normative Legal
Research using library research methods. It is said to be normative legal
research, because the research only looks at the readiness of universities based
on existing norms or rules relating to the legal education system. And it is
said to be library research because the researcher did not conduct interviews
or observations in collecting the data. The writer then analyzed the data
obtained using a deductive method, where the researcher looked at general
things first and then narrowed them down to specific things.
This research
uses document study collection tools to obtain secondary data sourced from
legal materials as follows:
a. Primary legal materials,
namely legal materials for statutory regulations and judges' decisions, such as
Law Number 11 of 2008 concerning Electronic Transactions, Law Number 27 of 2022
concerning Protection of Personal Data, and Government Regulation Number 71 of
2019 concerning System Implementation Electronic and Transactions.
b. Secondary legal materials,
namely legal materials that explain primary legal materials, namely legal
materials in journals, papers, books and scientific works of experts as listed
in the bibliography.
c. Tertiary legal materials
are legal materials that explain primary legal materials and secondary legal
materials, including dictionaries, magazines and online daily newspapers.
The data
obtained was analyzed qualitatively by analyzing the data not in the form of numbers
but rather in-depth interpretation, as is common in normative legal research,
namely by providing a description of the research findings in words.
RESULT AND DISCUSSION
Artificial intelligence (AI)
continues to be a point of significant attention in the current digital era. In
its progress, AI has had significant positive impacts on various aspects, from
factories, health, and learning to the Artificial Intelligence (AI) regime,
which has changed the landscape of multiple aspects of our lives, including
legal education. However, it is essential to remember that although AI can
perform many tasks, many aspects of the legal profession still require human
expertise (Dervanović, 2018). For example, AI may be unable to handle the
nuances and complexities of some legal cases or provide legal advice based on
human empathy and understanding (Kasap, 2021).
So, while AI has become a handy tool in the
legal profession, it isn't easy to see how AI can completely replace advocates.
Advocates have deep knowledge and experience of the law and the legal system
and interpersonal skills that machines cannot replicate (Surden, 2014). While AI can help in some aspects of legal
work, there are some other aspects that AI cannot replace. For example, only
humans are capable of making fair and moral judgments (Dervanović, 2018). Apart from that, there are several
disadvantages to using AI in the legal field:
1. Until now, no legal regulations specifically
discuss AI's position as a legal subject, so AI cannot be equated with humans.
Therefore, it cannot act as an advocate.
2. Until now, there have still been frequent
internet data leaks, so the security of client data using AI is questionable.
3. Using AI also raises ethical issues in legal
and government decision-making. If the data used is biased or incomplete, then
the decisions taken by the AI system will also be limited or incomplete.
4. Just like a machine or computer program that
can suddenly experience malfunction, error or be hijacked by another
irresponsible party, AI can share the same thing (Helbing, 2019).
So, while AI can help in some aspects, there is
still much room for humans to play a role in the legal field. AI is not yet
something that needs to be worried about for the legal sector, but it still
needs to be prepared so that Law Faculty students can be competent with AI in
this digital era. In facing this era, the legal education system in Indonesia
needs to prepare itself carefully. The following are several things that can be
done to prepare the legal education system in Indonesia to face the era of
artificial intelligence: (Saragih et al., 2023)
Mastery of Technology and Digital Literacy
Legal education must ensure that students
understand technology and digital literacy strongly. Understanding and
operating artificial intelligence tools will be an invaluable skill for
aspiring legal professionals (O’Leary, 2020).
Digital literacy is a person's ability to
understand and use all information accessed via a computer. This includes the
wise and practical use of digital technology, such as communication tools,
internet networks, and digital media. In an educational and academic context,
digital literacy focuses on users' skills in utilizing digital media
intelligently, carefully and according to their intended use.
Students must understand how to use AI tools
relevant to the legal profession, such as data analysis and document
management. Students must be trained using digital tools like word processing
software, spreadsheets, and collaboration platforms. This will help them in
research, writing, and presentations. Students can also utilize online
platforms such as blogs, social media, or discussion forums to share knowledge
and write about legal issues. Students can also form communities or forums to
share knowledge and experiences about digital literacy. Collaboration with
fellow students and lecturers is also essential.
To develop students' abilities, law faculties
must also frequently hold training or seminars on digital literacy. This will
help students understand basic concepts, ethics, and security when using
digital technology. Law schools can also provide access to digital resources
such as online libraries, law journals, and legal databases. Students must know
how to access and utilize these resources.
Relevant Curriculum
The legal education curriculum needs to be
adapted to current developments and the needs of society. The curriculum must
be prepared systematically and structured to provide an excellent understanding
to students. The legal education system must update its curriculum to include
courses relevant to artificial intelligence. This consists of a sense of ethics
and responsibility in the use of AI technology, as well as knowledge of the
laws governing artificial intelligence (Santoni de Sio & Mecacci, 2021).
Digital literacy must be integrated into the
curriculum. Students must understand how to use digital tools effectively,
conduct online research, and manage information wisely.
Some examples of courses that need to be
delivered at the Faculty of Law so that students are ready to face changes in
this digital era include:
1.
Electronic Systems for Public Services course
In the Electronic Systems for Public Services
course, we study various aspects of using Information and Communication
Technology (ICT) to provide public services, facilitate interaction between
government and citizens, and manage administrative processes more efficiently.
In this course, students will learn the following things: What is studied in
this course includes:
1)
Electronic-Based
Government System or Sistem Pemerintahan Berbasis Elektronik (SPBE): SPBE
refers to using ICT in public services. The aim is to realize clean, effective,
transparent, accountable, quality and trustworthy governance.
2)
Regulations
and Laws: We understand the regulations and laws that regulate the use of
technology in public services, including the Presidential Regulation of the
Republic of Indonesia Number 95 of 2018 concerning SPBE.
3)
Implementation
of SPBE includes the use of the Employee Information System or Sistem Informasi
Pegawai (SIMPEG) for managing personnel data, including employee data
collection.
2.
Electronic Commerce Law course
The Electronic Commerce Law course studies
various aspects of trading via electronic systems. The following are some
essential points discussed in this course:
1)
Definition
of Trading via Electronic Systems or Perdagangan Melalui Sistem Elektronik
(PMSE): PMSE is trading where transactions are carried out through electronic
devices and procedures.
2)
Regulations
and Laws: We understand the regulations and laws governing electronic
transactions, including Law Number 7 of 2014 concerning Trade and Law Number 19
of 2017 concerning Electronic Information and Transactions.
3)
Consumer
Protection: How the law protects consumers in electronic transactions,
including their rights and the responsibilities of business actors.
3.
Privacy Protection and Personal Data course
The Privacy and Personal Data Protection course
discusses relevant issues related to collecting, processing and protecting
personal data. The following are some of the topics generally studied in this
course:
1)
Understanding
Personal Data, where students are expected to understand the concept of
personal data and how this data relates to individual privacy. Definition of
personal data and classification by data type (e.g. identity, health,
financial).
2)
Personal
Data Protection Regulations, where students are expected to know about the
legal regulations governing personal data protection in various jurisdictions.
3)
Rights
and Obligations Regarding Personal Data: students are expected to understand
individual rights regarding personal data, such as accessing, correcting, and
deleting data.
These courses aim to prepare students to
understand the legal complexities of information and communication technology
and face the challenges that arise in the increasingly advanced digital era.
Lecturer and Teaching Training
Lecturers and instructors at law universities
must be given training regarding using AI technology in the learning process.
They must also understand how to integrate artificial intelligence concepts
into teaching materials (Tedre et al., 2021). In addition, law universities must encourage
research and development in artificial intelligence. This involves
collaboration with industry, government, and research institutions to develop
legal solutions relevant to developments in AI technology. Training lecturers
and instructors are crucial to preparing Indonesia's legal education system to
face the era of artificial intelligence. What can be done includes:
1)
Lecturers
must update lecture materials with ethical and legal values relevant to
artificial intelligence. Nuance all legal material to better touch the essence
of legal education.
2)
Using
complex, real-world methods to trigger learning, such as problems relevant to
artificial intelligence. Lecturers can introduce students to the ethical issues
and legal challenges that arise in the use of AI technology
With the proper training, lecturers and
instructors will be better prepared to face change and prepare students to meet
the era of artificial intelligence.
Carry out collaboration and cooperation both
domestically and abroad
Collaboration between the business world and
the industrial world with universities and government and private institutions,
both domestically and abroad, can help improve the quality of legal education
in Indonesia (Shaturaev, 2021). Apart from that, the legal education system
in Indonesia must be open to international cooperation in facing the era of
artificial intelligence (Saragih et al., 2023). Exchange of knowledge and experience with law
universities in other countries will enrich the perspectives and broaden
students' horizons at the Faculty of Law (Rizvi, 2015).
The following are several forms of
collaboration and cooperation that can be carried out domestically and abroad
to prepare the legal education system in Indonesia to face the digital era:
1)
Collaboration
between the Faculty of Law and the Technology Industry. Law Schools can
collaborate with technology companies developing AI. This allows law students
to understand the practical applications of AI in law and gain insight into
relevant ethics and regulations.
2)
Collaboration
with Research Institutes and AI Study Centers. The Faculty of Law can
collaborate with research institutions and AI study centres. This enables
knowledge exchange, joint research, and development of AI-relevant curricula.
3)
International
Collaboration. Collaboration with law faculties abroad can enrich perspectives
and expand networks. The exchange of lecturers and students and joint research
can strengthen the legal education system in Indonesia.
4)
Collaboration
with Legal Practitioners. Involving legal practitioners experienced in AI can
provide students with practical insights and actual cases.
With good collaboration, the legal education
system in Indonesia can be better prepared to face the challenges and
opportunities brought by the era of artificial intelligence.
Ethics and Responsibility
Lastly, what is no less important for
universities in preparing graduates from the Faculty of Law is the importance
of ethics and responsibility in using artificial intelligence (Basheer, 2023). Students need to understand the ethical
implications of using this technology, including privacy and accountability
issues (Regan & Jesse, 2019). Because it is not uncommon for technology not
accompanied by ethics to result in the use of technology breaking the law,
technological advances not accompanied by ethics can result in significant
adverse impacts. Here are some things that might happen:
1)
Misuse
of Personal Information. With the increasing use of personal information in the
digital world, the risk of misuse of individual data increases. If this
information falls into the wrong hands, it could result in identity theft,
fraud, or invasion of privacy.
2)
Hoaxes
and Misinformation. Easy internet access allows information to spread quickly.
However, if the information disseminated needs to be verified and validated,
hoaxes and misinformation can cause societal chaos.
3)
Technology
Addiction. Dependence on technology can reduce direct social interaction.
Addiction to social media and online gaming can disrupt life balance and mental
well-being.
4)
Spread
of Computer Viruses. With good ethics in technology development, cyber security
can be protected. The spread of computer viruses and cyber-attacks can damage
systems and disrupt daily activities.
5)
Loss of
Moral Values. Technological progress that is not balanced with ethics can
result in the loss of moral values and nationalism. The younger generation
needs to understand the importance of ethics in the use of technology so that
the nation's future is maintained.
Therefore, all of us need to pay attention to
ethics in the use of technology so that negative impacts can be minimized and
technological advances can provide better benefits for society. Don't let Law
Faculty students break the law with the technical abilities they master.
In conclusion, the readiness of the legal education system in Indonesia to face the era of artificial intelligence requires a holistic approach (Saragih et al., 2023). By strengthening digital literacy, integrating artificial intelligence concepts in the curriculum, and ensuring ethics and responsibility, we can prepare aspiring legal professionals to face future challenges with high levels of confidence and competence. The presence of Artificial Intelligence does not need to be considered a threat, but Artificial Intelligence provides an opportunity to speed up the work of the legal profession.
In theory, if universities have made
preparations as described above, then in practice the students or graduates of
the Faculty of Law will be ready to face challenges in the legal field in the
future, even though they are competing with computers with high AI.
CONCLUSION
To address the challenges posed by
artificial intelligence, Indonesia must fortify its legal education system by
integrating technology into the curriculum, enhancing training on AI for both
lecturers and students, improving digital literacy, developing AI-focused
curricula, fostering collaborations with technology firms and legal
practitioners, and promoting ethical technology use, with the aim of better
preparing the system to confront the transformations brought about by the era
of artificial intelligence. In theory, if universities have made preparations
as described above, then in practice the students or graduates of the Faculty
of Law will be ready to face challenges in the legal field in the future, even
though they are competing with computers with high AI.
REFERENCES
Alam, A.
(2020). Possibilities and challenges of compounding artificial intelligence in
India’s educational landscape. Alam, A.(2020). Possibilities and Challenges
of Compounding Artificial Intelligence in India’s Educational Landscape.
International Journal of Advanced Science and Technology, 29(5),
5077–5094.
Amboro, F.
L. Y. P., & Komarhana, K. (2021). Prospek Kecerdasan Buatan Sebagai Subjek
Hukum Perdata Di Indonesia. Law Review, 21(2), 145–172.
Baker, J.
J. (2018). 2018: a legal research odyssey: artificial intelligence as
disruptor. Law Libr. J., 110, 5.
Basheer, H.
(2023). Artificial Intelligence and Robotics Towards the Evolution of
Sustainable Graduate Employability Ecosystem: A Contemporary Perspective for
Higher Education Stakeholders in the UAE. Doctoral dissertation, University
of Bath). https://ethos. bl. uk ….
Dervanović,
D. (2018). I, inhuman lawyer: developing artificial intelligence in the legal
profession. Robotics, AI and the Future of Law, 209–234.
Estlund, C.
(2018). What should we do after work? Automation and employment law. The
Yale Law Journal, 254–326.
Helbing, D.
(2019). Societal, economic, ethical and legal challenges of the digital
revolution: from big data to deep learning, artificial intelligence, and
manipulative technologies. Springer.
Kasap, G.
H. (2021). Can Artificial Intelligence (“ AI”) Replace Human Arbitrators?
Technological Concerns and Legal Implications. J. Disp. Resol., 209.
Kim, Y. J.,
Kim, K., & Lee, S. (2017). The rise of technological unemployment and its
implications on the future macroeconomic landscape. Futures, 87,
1–9.
Lefkowitz,
A., Mui, S., Rynkiewicz, S., & Tashea, J. (2017). 34 I Welcome to the Web
1oo! ABA JOURNAL.
Lefkowitz,
A., Mui, S., Rynkiewicz, S., & Tashea, J. (2017). Welcome To The Web 100
2017 ABA JOURNAL. ABA Journal, 103(12), 34–45.
O’Leary, D.
L. (2020). “ Smart” Lawyering: Integrating Technology Competence into the Legal
Practice Curriculum. UNHL Rev., 19, 197.
Regan, P.
M., & Jesse, J. (2019). Ethical challenges of edtech, big data and
personalized learning: Twenty-first century student sorting and tracking. Ethics
and Information Technology, 21, 167–179.
Rizvi, F.
(2015). Internationalization of curriculum: A critical perspective. The Sage
Handbook of Research in International Education, 337–350.
Roy, J.,
Rochaida, E., Suharto, R. B., & Rizkiawan, R. (2021). Digital and
electronic transactions against velocity of money. Corporate Governance and
Organizational Behavior Review, 5(2), 145–155.
Santoni de
Sio, F., & Mecacci, G. (2021). Four responsibility gaps with artificial
intelligence: Why they matter and how to address them. Philosophy &
Technology, 34(4), 1057–1084.
Saragih, A.
H., Reyhani, Q., Setyowati, M. S., & Hendrawan, A. (2023). The potential of
an artificial intelligence (AI) application for the tax administration system’s
modernization: the case of Indonesia. Artificial Intelligence and Law, 31(3),
491–514.
Shaturaev,
J. (2021). indonesia: superior policies and management for better education
(Community development through Education). Архив
Научных
Исследований,
1(1).
Surden, H.
(2014). Machine learning and law. Wash. L. Rev., 89, 87.
Tedre, M.,
Toivonen, T., Kahila, J., Vartiainen, H., Valtonen, T., Jormanainen, I., &
Pears, A. (2021). Teaching machine learning in K–12 classroom: Pedagogical and
technological trajectories for artificial intelligence education. IEEE
Access, 9, 110558–110572.
Tejomurti,
K., & Hermawan, S. (2022). The Effect Of Technological Disruption On The
ASEAN Economic Community: An Regulatory Analysis Of Legal Education In
Indonesia. Acta Law Journal, 1(1), 16–25.
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©
2023 by the authors. It was submitted for possible open-access publication
under the terms and conditions of the Creative Commons Attribution (CC BY SA) license (https://creativecommons.org/licenses/by-sa/4.0/). |