JAKARTA - Legal academic and Krisnadwipayana University Law Master's graduate Nasib Mikael Saragih, assessed that the biggest challenge of Indonesian law today is no longer a lack of regulation, but the ability of the legal system to keep up with the rapid pace of technological and digitalization changes.
Mikael conveyed this view after attending the Krisnadwipayana University Law Master's graduation at the Jakarta International Convention Center (JICC), Jakarta, Wednesday, July 22.
According to Mikael, technological developments have changed almost all aspects of people's lives, while regulations and law enforcement systems have not been fully able to keep up with these changes.
"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," he said.
Mikael revealed that there were at least four main challenges that the Indonesian law would face in the future.
First, the development of digitalization and artificial intelligence (Artificial Intelligence/AI). According to him, more and more people's activities are carried out digitally, ranging from public services, economic transactions, to dispute resolution. However, various issues such as personal data leaks, online fraud, and the use of AI still require more adaptive legal regulations.
"In the future we need a law that is flexible but still has clear limits. Don't let innovation be hampered, but the community must also be protected," he said.
Second, digitalization has the potential to create new gaps if it is not accompanied by an increase in public literacy. He assessed that the elderly, MSMEs, people with disabilities, and people in the community still face limitations in accessing digital-based services.
"If public services are only easily accessible by people who are technologically literate, then we are creating a new form of injustice," he said.
Third, Mikael highlighted the increasing role of algorithms and AI in decision-making in various sectors, ranging from the world of work to financial services. According to him, Indonesia needs to have regulations that regulate the accountability of the use of AI so that the decisions made can still be legally accountable.
"If the system makes mistakes or produces discriminatory decisions, there must be someone responsible. It can't all be left to the system," he said.
Fourth, he assessed that improving the quality of human resources for law enforcement officers was an urgent need. According to him, technological advances will not effectively support law enforcement if it is not balanced by the ability of the police to understand digital evidence and the development of information technology.
"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 said.
Mikael added that he wanted to contribute to bridging the understanding between the legal and technology worlds, so that policymakers could understand technological developments, while digital industry players also understood the applicable legal aspects.
He also hopes that digital transformation in Indonesia will continue to prioritize the principle of justice, especially for vulnerable people, people with disabilities, MSMEs, and people in underdeveloped areas. According to him, adaptive and inclusive regulations are the key to ensuring that technological progress can go hand in hand with the protection of people's rights.
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