10.47313 Imposing Civil Liability On Artificial Intelligence, Is It Possible?

Imposing Civil Liability On Artificial Intelligence, Is It Possible?

Abstract

This research aims to examine and analyze whether Artificial Intelligence (AI) can
be used as a subject for civil litigation in court and what the concept of reforming
the subject of civil procedural law will be in the future. This type of research is legal
research with a legislative approach, a conceptual approach, and a comparative
legal approach with Russia. The results of this research conclude that: 1). Based on
fiction theory and organ theory, it is possible for AI to become an artificial legal
subject or a derivative legal subject like a legal entity. However, AI has limitations,
it cannot carry out its rights and obligations like a legal entity because it does not
have consciousness and does not have an autonomous will, so AI can't act as a
plaintiff in civil cases, because lawsuits are part of the rights; 2). Legal reform is
needed by expanding the scope of civil legal responsibility for AI if errors occur
and losses arise due to AI's actions. This autonomous imposition of legal
responsibility can be applied to Artificial General Intelligence and Super Artificial
Intelligence. Thus, legal responsibility is not only attached to the owner or producer
and user of AI but can also be imposed on AI itself.
Keywords: Legal Reform, Legal Subjects, Artificial Intelligence.