PERLINDUNGAN KONSUMEN DI ERA CHATBOT DAN AI: PENDEKATAN HUKUM BISNIS DIGITAL

Abstract

The development of digital technology in the Industry 4.0 and Society 
5.0 eras has brought significant changes in the interaction patterns between 
businesses and consumers. One of the rapidly developing innovations is the use of 
Artificial Intelligence (AI) and chatbots as a means of customer service in various 
sectors, including banking, e-commerce, and financial technology (fintech). 
Although this technology provides convenience and efficiency, its use also poses 
legal risks, such as misinformation, personal data leaks, and material and 
immaterial losses experienced by consumers. This study aims to analyze legal 
protection for consumers who interact with chatbot- and AI-based services 
through a normative legal approach with literature studies and analysis of laws 
and regulations. Some of the regulations reviewed include Law Number 8 of 1999 
concerning Consumer Protection (UUPK), Law Number 11 of 2008 concerning 
Electronic Information and Transactions (UU ITE) in conjunction with Law 
Number 19 of 2016 Law No. 1 of 2024, Financial Services Authority (OJK) 
Regulation No. 6/POJK.07/2022, and the New Criminal Code (Law No. 1 of 
2023). Research results show that current legal protection for consumers is still 
partial and does not specifically regulate the use of AI. AI is viewed merely as a 
tool, so responsibility remains with the business actors or corporations that 
operate it. The principles of strict liability and vicarious liability apply, where 
business actors remain fully responsible for losses incurred, even if errors occur 
in the AI system. Consumers have the right to compensation, personal data 
protection, and access to dispute resolution mechanisms, whether through 
negotiation, the Financial Services Authority (BPSK), the Financial Services 
Authority (OJK), or the courts. Specific regulations on AI are needed that address 
ethics, security, and clear accountability mechanisms for business actors. Thus, 
the development of AI technology can continue to support digital business 
innovation without neglecting consumer rights and protection in Indonesia's 
digital ecosystem.