URGENSI PERLINDUNGAN HUKUM ATAS HAK CIPTA TEKNOLOGI ARTIFICIAL INTELLEGENCE DALAM PERSPEKTIF MAQASID ASY-SYARIʻAH

M. Syafrie Ramadhan, S.H., NIM.: 22203011004 (2024) URGENSI PERLINDUNGAN HUKUM ATAS HAK CIPTA TEKNOLOGI ARTIFICIAL INTELLEGENCE DALAM PERSPEKTIF MAQASID ASY-SYARIʻAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The very rapid development of technology has finally given birth to a new technology called Artificial Intelligence (AI) or artificial intelligence in the midst of human activities. AI is also a new test that must be faced from its various impacts on threats from new technological developments. Apart from concerns, state regulation regarding the development of AI technology is a very complicated challenge that requires careful initial planning. So actually, can works created or created by Artificial Intelligence be protected by copyright? If true, who is the creator? The problem formulation in this research is to analyze the urgency of legal protection for copyright of Artificial Intelligence technology in Indonesia and analyze legal protection for copyright of Artificial Intelligence technology from the perspective of Maqāşid asy-Syarīʻah. The research method is qualitative and this type of research is classified as a type of normative legal research. The nature of this research is descriptive, and has three approaches: First, the statutory approach; second, a comparative legal approach (Comparative Approach), third a conceptual approach (conceptual approach). The data collection technique for this research is by studying related documents by reviewing various original documents in the form of laws and library research with various journal studies, references, legal research, articles and several literature related to legal protection of copyright law which is close to Artificial Intelligence technology. The theory used in this research uses progressive legal theory, convergence legal theory, and Maqāşid asy-Syarīʻah theory to analyze the urgency of protecting copyright for Artificial Intelligence technology in Indonesia as a legal reform innovation. Law Number 28 of 2014 concerning Copyright does not recognize AI as the creator or copyright holder. AI. Through the theory of convergence law, it can help balance the interests of AI creators, data owners, and AI itself. Through progressive legal theory, it offers progress in adjusting copyright law which needs to be updated to accommodate copyrighted works produced by AI. The urgency of legal protection of copyright for Artificial Intelligence must be carried out immediately because the importance of copyright legal protection for AI in Indonesia will have an impact on changes such as protecting copyright and other intellectual property, encouraging creative innovation and investment, increasing the creative economy, ensuring the use of AI who is responsible, protects privacy and personal data, and guarantees legal certainty. In line with that, Maqāşid asy-Syarīʻah Jasser Auda, if viewed from the six features he implemented, then the process of formulating legislative updates in the face of AI technology is in accordance with the features he implemented.

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