Constitutionality of the Use of Artificial Intelligence in Public Policy-Making in the Era of Digital Governance

Abstract

This study analyzes the constitutional implications of the use of Artificial Intelligence in public policy-making within the Indonesian digital governance framework, focusing on the existence of a legal vacuum in regulating its legality, accountability, and protection of citizens’ rights. The increasing reliance on AI in areas such as development planning, social assistance distribution, and administrative decision-making raises fundamental questions regarding its conformity with constitutional principles, including legality, accountability, and due process of law. The central legal issue concerns the absence of explicit legal norms governing AI-based policy decisions, unclear mechanisms of administrative responsibility, and the lack of standards for algorithmic transparency and accountability. This research employs a normative juridical method using statute, conceptual, and case approaches, analyzing relevant frameworks including the 1945 Constitution, the Government Administration Law, the Public Service Law, the Personal Data Protection Law, and the Public Information Disclosure Law. The findings reveal that Indonesian positive law has not adequately accommodated the complexity of AI-based governance, resulting in potential risks of unconstitutional practices, including arbitrary decision-making and violations of fundamental rights. This study proposes a prescriptive legal framework through the recognition of AI as a decision-support system, the establishment of human oversight, the implementation of algorithmic transparency and audit mechanisms, and the integration of digital constitutionalism to ensure that AI-based governance remains within constitutional boundaries