Hybrid Criminal Liability Based on Risk-Based Approach in Artificial Intelligence-Based Crimes in Indonesia

The development of Artificial Intelligence (AI) has introduced new challenges in criminal law, particularly regarding criminal liability in technology-based crimes. AI systems capable of operating semi-autonomously blur the relationship between the perpetrator, the act, and culpability, rendering the conventional fault-based principle of geen straf zonder schuld increasingly inadequate. This study aims to analyze the existing Indonesian criminal law framework governing AI-related crimes and to formulate an ideal model of criminal liability in response to such developments. This research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that current regulations in Indonesia remain limited and have not comprehensively addressed the complexity of AI-based crimes. Accordingly, this study proposes a hybrid criminal liability model based on a risk-based approach, integrating strict liability, vicarious liability, and risk-based accountability as mechanisms for proportional responsibility distribution without recognizing AI as a legal subject. This model is expected to contribute to the reform of criminal law toward a more adaptive, responsive, and just legal system in addressing AI-related crimes.