Artificial Intelligence in Predictive Policing: Navigating the Tension between Law Enforcement Effectiveness and Human Rights Protection

Abstract

This study examines the conflict of norms arising from the use of Artificial Intelligence (AI) in predictive policing within the Indonesian legal system, where data-driven law enforcement aimed at enhancing efficiency and crime prevention simultaneously raises fundamental human rights concerns. Employing a normative legal method with statute, conceptual, and case approaches, this research analyzes key regulations on policing, electronic information, personal data protection, human rights, and criminal law. The findings identify three primary normative conflicts: first, predictive policing challenges the principle of due process of law by enabling preventive actions based on probabilistic assessments rather than actual criminal conduct; second, extensive data utilization in AI systems conflicts with the right to privacy, particularly regarding consent, purpose limitation, and accountability; and third, the assumption of algorithmic neutrality contradicts the principle of non-discrimination due to the risk of embedded bias in predictive systems. The study further reveals a regulatory gap in Indonesian law, as existing frameworks do not specifically govern AI-based law enforcement, thereby creating risks of abuse of power, systemic human rights violations, and declining public trust. Accordingly, this research argues for the establishment of a comprehensive legal framework that integrates human rights protection, algorithmic accountability, and transparency to ensure that technological innovation in law enforcement remains aligned with the rule of law and democratic principles