Artificial Intelligence (AI) as a Tool to Aid Decision Making in Criminal Justice: Efforts to Uphold Impartiality and Independence of Indonesian Judges ^†

Abstract

Artificial intelligence (AI) is an innovation in science and technology designed to make computer systems capable of imitating human intellectual abilities. In the legal world, the advancement of artificial intelligence (AI) often causes debate, which has changed the way humans work, interact, and make decisions, one of which is whether AI can replace the role of judges. The purpose of this study is to determine the role of AI in the world of justice and whether AI-based court decisions can provide substantive justice for justice seekers. This study is based on normative legal research that uses a statute and conceptual approach. The results indicate that the use of AI must be carried out carefully, considering ethical aspects, and maintaining the role of judges in deciding cases based on deep legal and moral considerations. The system that uses AI in the decisions of the Panel of Judges must be able to balance efficiency and justice, ensuring that human rights, legal principles, and applicable social and cultural values are maintained.

1. Introduction

Artificial intelligence (AI) is a field of computational science that focuses on creating machines that have the ability to perform tasks that require human intelligence. AI does this by analyzing data, finding patterns, and using the results to make predictions or take action. One of the important moments in the history of AI happened in 1956, at a Dartmouth Conference, where the term “artificial intelligence” was first used officially by John McCarthy, an American computer scientist who played an important role in the early development of AI. Artificial intelligence is one of the results of progress in information and communication technology science that was created and developed rapidly and prominently during the last ten years. AI is an innovation in science and technology that is designed to make computer systems capable of imitating human intellectual abilities. AI is currently becoming a topic that is receiving widespread attention in today’s digital era.

In its development, AI has had a significant positive impact on various fields; the use of AI by industry is not limited to the telecommunications industry sector, but also has applications in the banking, manufacturing, services, and even government sectors [1]. Behind this progress, however, there are various potential obstacles and dangers that must be taken seriously. In this era of technological development, the use of AI in crime is one of the issues of concern. Criminals have used AI to commit various crimes, such as in the personal data, financial, and fraud sectors. The number of crimes in these sectors shows that the state must have a regulatory mechanism [2].

Artificial intelligence (AI) technology has been developing rapidly to the present time; of course, the world is surprised by this condition. In the computer sector, it is one of the visible advances in the application of artificial intelligence, being able to understand everything that utilizes artificial intelligence in the computer sector is one of the advances that has been felt worldwide [3].

Artificial intelligence is scientifically designed and aims to imitate human intellectual abilities that can help facilitate human needs in the field of technology. AI can change the way we learn and teach in the education sector, and is capable in solving problems quickly and efficiently, even in complex matters.

The rapid development of AI has shifted the working principle of AI, which was initially created only to help human work needs, but as time passes and its capabilities develop rapidly, AI now not only helps human needs and work, but is able to replace human work itself. Actual evidence related to AI is that it can replace human work by creating technology, one area of which is in England’s legal profession. DoNotPay chat is an AI-based legal aid technology that has served more than 1000 legal aids. This has shown that many people have been helped by artificial intelligence in solving the legal problems for which they have requested assistance. In the legal world, the advancement of AI often causes debate, which has changed the way humans work, interact, and make decisions, one of which is whether AI can replace the role of judges. Some experts argue that AI cannot replace the role of judges. According to the Republic of Indonesia Law Number 48 of 2009 concerning Judicial Power, judicial decisions currently still rely on manual processes and personal interpretations from judges.

In deciding cases based on legal considerations that are often subjective, especially in the criminal justice system, the current function of AI only assists in the litigation process and can only carry out litigation administration techniques, such as making decisions neatly, smoothly, and legibly. Application of AI has not reached the stage of trial procedural law. Because judges make decisions based on belief, they can still impose sentences even though there are regulations governing the procedure for making decisions, as stated in the Judicial Principles Number 1 of 2023, which emphasizes the importance of objectivity, professionalism, and integrity of judges in deciding cases. In addition, the development of technology in the judicial system can strengthen the principles of legal certainty and justice for the community, as stated in Article 8 of Law Number 8 of 1981 concerning Criminal Procedure Law, which regulates how the criminal case resolution process is carried out [4].

One of the main problems in the judicial system is the fact that the public does not trust the judicial institution because the judge’s decision is often considered not to represent the values of justice desired by justice seekers. Currently, it is very difficult to provide legal certainty, justice, and benefits in the judge’s decision. One of the main weaknesses in the Indonesian judicial system is its dependence on the subjectivity of judges in assessing cases. As such, the decision-making process based on the judge’s assessment is inconsistent and can be influenced by various external factors, such as economic interests. In addition, the judicial process is often delayed due to the very large number of cases, which forces judges to make decisions with limited time to examine each case in detail.

The comprehensive judicial process has become increasingly important as current issues are more complex, and conventional approaches to decision making may no longer be relevant in the future. According to some experts, AI may have a larger role in future justice systems [5].

In decision making, there are factors that influence the judge’s decision, which consist of various types and characteristics, such as the judicial structure and composition (professional or ad hoc), procedural law rules, factual circumstances of the case, the form and substance of the law governing the case, and the evidence and methods of collecting evidence for resolving legal cases in accordance with relevant principles. AI cannot be equated with a legal entity to become a legal subject, where a legal entity has clear and firm intentions and objectives in its establishment. In addition, there is a human scope and AI cannot stand independently, since computers are regulated by law [5].

In today’s digital era, the introduction of technology, especially artificial intelligence (AI), into the justice system has become a topic in many countries. Why is AI important in judges’ decisions to fulfill a sense of justice, legal certainty, and utility in the Indonesian Criminal Justice System? One innovation that must be considered to overcome the current conditions is the application of AI in positions as judges in Indonesian criminal courts. AI can assist in the judicial process by analyzing evidence and comparing it with previous cases to make decisions based on law, making the system more objective and transparent, avoiding subjective bias and corruption.

Some countries have begun to recognize that this technology can increase efficiency and ensure that cases are resolved quickly and accurately. Estonia has taken a revolutionary step by incorporating AI as judges in its judicial system. This step was taken to increase the efficiency of government services and reduce the increasing number of court cases. More than a hundred Xiaofa-like robots have been brought into courts across China. Their purpose is to help summarize case histories and previous decisions so that court officials do not have as much work to perform. Given that China’s roughly 120,000 judges have to handle about 19 million cases each year, the integration of AI is becoming increasingly important [6]. AI can transform Indonesia’s justice system by increasing accuracy, efficiency, and objectivity in the judicial decision-making process. Its capability in processing and analyzing large amounts of data in a very short time is one of the advantages of AI. This ability can help judges understand applicable legal trends or analyze case patterns [7]. The Supreme Court (MA) has taken proactive measures by using various technological innovations to improve its service to the community seeking justice. This initiative aims to transform the judicial service into a low-cost, fast, and simple justice system. On Friday, 19 August, in celebration of the Supreme Court’s 78th anniversary, an artificial intelligence-based application was launched. The artificial intelligence-based robotics application, comprising Lentera 2.0, Satu Jari, and e-IPLANS AI Smart Court, automatically selects a panel of judges using various factors, such as the judge’s experience, competence, and workload, to ensure that the judges selected have the appropriate expertise for the type of case to be tried. The application shows a commitment to transforming the Indonesian judiciary into a modern and sophisticated institution.

To understand more deeply how artificial intelligence as a tool can assist in court decisions to increase the impartiality and independence of judges, the authors have formulated the problem on the basis of two questions: (1) How is the use of artificial intelligence (AI) implemented in criminal case decisions by the Panel of Judges? (2) Can the use of AI in the Panel of Judges’ decisions fulfill the sense of substantive justice in the Indonesian Criminal Justice System?

2. Methodology

This study uses a normative legal research methodology with a focus on literature review and secondary data analysis to explore the impact of AI use in the criminal justice system. This study emphasizes the legislative approach (statute approach), the conceptual approach (conceptual approach), and the use of primary legal materials from various relevant laws and regulations, including secondary legal materials such as various literature, journals, and textbooks.

2.1. Implementation of AI in the Decision of the Panel of Judges in Criminal Cases

To examine and try a case objectively and decide fairly, judges and judicial institutions must be independent or not be intervened by institutions or anyone for any interest, and not take sides with one of the parties to the case or be impartial. This applies to all courts formulated in Article 24 paragraph (1) of the 1945 Constitution of the Republic of Indonesia as an independent power to organize trials to uphold law and justice.

The independence and impartiality have three functional, structural, or institutional dimensions. The functional dimension contains the meaning of the prohibition against other state institutions and all parties to influence or intervene in the process of examining, trying, and deciding a case. The functional dimension must be supported by the independence and impartiality of the structural and personal dimensions of the judge [8]. From the structural side, the judicial institution must also be independent and impartial as long as necessary so that in carrying out the trial, it cannot be influenced or intervened and is impartial. As for the personal side, judges have freedom based on their abilities (expertise), accountability, and adherence to codes of ethics and guidelines of conduct.

The use of artificial intelligence (AI) in the decisions of criminal justice panels has the potential to bring about major changes in the justice system, especially in terms of efficiency, objectivity, and transparency. With the advancement in technology, AI can be used to analyze various relevant factors in a criminal case, ranging from evidence and applicable laws to the existing history of similar cases. AI can help judges make faster and more accurate decisions, reduce the existing workload, and improve justice for the parties involved [9].

Utilization of artificial intelligence technology (artificial intelligence/AI) in the Indonesian criminal justice system, especially in the decisions of the Panel of Judges, can have a significant impact on efficiency, accuracy, and objectivity in the judicial process. Based on the Basic Law of the Judiciary, namely Law No. 48 of 2009 concerning Judicial Power, AI can help improve judicial performance. AI can be used to expedite the process of searching and processing data in decision making by judges. AI systems can quickly assess thousands of legal documents and previous decisions, providing judges with relevant information more efficiently. That way, the trial process can be shortened, and judges have more time to analyze and formulate decisions.

In criminal justice, decisions made by a panel of judges must be based on objective legal considerations and based on the facts found during the trial. AI can be used to collect and process large amounts of data, such as documents, trial transcripts, and similar case histories. With AI analysis, judges can gain deeper insight into a case and make more informed decisions [10].

One application of AI that can be used in the Panel of Judges’ decisions is the use of algorithms to analyze patterns in previous similar decisions. AI can provide recommendations on whether a previous decision is relevant to the case at hand [11]. This will help judges ensure that decisions taken are not only in accordance with applicable law, but also reflect consistency in law enforcement. In addition, AI can also assist in the decision-making process. By combining relevant data, AI can suggest appropriate legal considerations based on the case at hand. This will help judges focus more on the substance of the case without being distracted by administrative burdens that often require time. Thus, judges can provide faster decisions, which remain accurate and of high quality [12].

However, even though AI has great potential in supporting the judicial process, the use of this technology in the decisions of the Panel of Judges must still be balanced with human supervision. AI should not replace the role of judges, but rather act as a tool that increases the efficiency and accuracy of the judicial process. For example, although AI can provide recommendations, the final decision must still be made by the judge and based on deep legal and moral considerations.

In addition, ethical challenges must also be considered in the use of AI in the criminal justice system. AI must be accessible and understandable to all parties involved, including the public, who may not be familiar with this technology. Decisions made by AI must also be explained transparently so as not to cause distrust in the justice system. Therefore, the development of AI in criminal justice must be carried out carefully and involve various parties who have a deep understanding of technology and law. AI can also be used to increase accessibility in criminal justice. With the use of this technology, parties involved in criminal cases can obtain information more quickly and easily. For example, AI can be used to automatically analyze evidence, identify important information, and provide recommendations on the next steps in the judicial process. This will reduce the obstacles that may be faced by parties who have less access to legal resources.

In addition, AI can serve to detect potential bias in judges’ decisions. By analyzing existing data, AI can identify any unfairness or preferences that should not influence judges’ decisions. This is important to ensure that the decisions taken are truly fair and not influenced by external factors that are not relevant to the case being handled.

In a global context, several countries have begun to adopt AI technology in their justice systems. In some countries, the use of AI has been applied to analyze data in criminal cases and provide recommendations to judges. For example, in the United States, several courts have used AI systems to help predict the likelihood that criminals will reoffend in the future, which can influence decisions about parole or sentencing.

However, it is important to remember that AI is not a perfect solution. While it can improve efficiency and accuracy, AI cannot replace the ability of judges to assess the social and moral context of a case. Therefore, the integration of AI in criminal justice must be done wisely and by considering various legal, ethical, and social aspects. Basically, the use of AI in the decisions of criminal justice panels has great potential to improve the efficiency and quality of decisions. By providing faster and more accurate analytical tools, AI can help judges consider various relevant factors in a case. However, the use of AI must be performed carefully, considering ethical aspects, and maintaining the role of judges in deciding cases based on deep legal and moral considerations.

2.2. The Use of AI in the Panel of Judges’ Decisions Can Fulfill the Sense of Substantive Justice in the Indonesian Criminal Justice System

One of the main characteristics and principles of a democratic state and a state of law is the existence of a judicial institution that is free from other powers and is impartial. Therefore, one of the characteristics that is considered most important in every democratic state of law (democratic legal state) or a democratic state based on law (constitutional democracy) is the existence of an independent and impartial judiciary (independent and impartial). Whatever legal system is used and whatever government system is adopted, implementation of “the principles of independence and impartiality of the judiciary” must be absolutely guaranteed in every constitutional democratic country (constitutional democracy) [13].

Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) states that the Republic of Indonesia is a state of law. The implementation of a state of law is carried out to realize the goal of forming a government for the Republic of Indonesia, as contained in paragraph 4 of the Opening of the 1945 UUD NRI, namely to protect all Indonesian people and all Indonesian territory, and to advance general welfare, improve the life of the nation, and participate in implementing a world order based on independence, eternal peace, and social justice. One of the principles of a state of law is the realization of independence of the judicial power to administer justice to uphold law and justice [14].

In the Indonesian criminal justice system, an effort to realize a sense of substantial justice is the main goal in every judge’s decision. The presence of artificial intelligence (AI) in the decision-making process in court can be a tool that has the potential to increase efficiency and objectivity, but also raises various questions regarding its acceptance and impact on the principle of justice itself. The ten paragraphs of AI in the Panel of Judges’ decision can have a significant role in this effort, depending on how AI is used and controlled in the legal process [15].

The use of AI in Indonesia’s criminal justice system has the potential to increase the efficiency of the legal process, reduce reliance on human resources, and ensure that decisions are based largely on objective data and information. With the help of AI, judges can be given faster access to legal references, precedents, and analysis of relevant cases, which in turn can expedite the trial process and reduce the backlog of cases.

However, the use of AI in the Panel of Judges’ decisions must always consider the rights of the accused and the principle of procedural justice. Legal decisions produced by AI must always be accountable to humans, in this case judges, because AI does not have the capacity to understand the social, cultural, and values contexts that exist in Indonesian society. Therefore, AI must be a tool, not a substitute for the role of judges who function to interpret the law by paying attention to propriety and a sense of justice.

While AI can help improve the accuracy and speed of decision making, it can also pose a risk of unfairness if not applied carefully. AI can only act on the data it is provided, which if incomplete or biased, can lead to decisions that do not reflect a balanced reality. For example, data about a defendant’s behavior or socio-economic background that may not include the broader context can reduce nuance in legal decision making.

In addition, the role of judges in providing justice that takes into account humanity, individual character, and the social conditions of the accused cannot be replaced by AI. The use of AI in legal decisions should be more focused on providing better information and analysis, not as a substitute for the judge’s personal and moral considerations in making decisions. For example, in criminal cases involving violence or drug abuse, the psychological aspects of the accused and their social conditions often need to be considered in order to reach a fair decision.

In addition, the use of AI must also prioritize transparency and accountability at every stage. If a legal decision uses AI, then the system used must be explainable and supervised by the relevant parties. Without transparency, the possibility of errors or bias in decisions will increase. Therefore, although this technology can help, strict supervision by competent parties is still needed to ensure that the decisions taken are in accordance with the principles of justice upheld in the Indonesian legal system.

In addition, when considering legal complexities that often involve many human and social factors, AI must be able to support judges in making more inclusive and balanced decisions. Judges need to be given space to consider diverse variables that may not be fully processed or understood by machines. Therefore, collaboration between AI and human judgment is essential in creating a fair and humane justice system.

In this context, the application of AI in judicial decisions can help identify patterns or trends in decisions that may not be immediately apparent to humans. For example, AI can help identify inconsistencies in previous decisions, which can then be used to review and correct any possible injustices. The use of AI for predictive analytics can also help mitigate potential discrimination in legal decisions, especially those related to the gender, race, or social status of the accused [16].

However, major challenges remain, especially regarding privacy and data security issues. Data used by AI must be well protected to avoid misuse and violation of individual privacy rights. Data used for training AI models must be strictly secured and guarded, and there must be controls in place to ensure that the data used are not distorted or used for unauthorized purposes.

Ultimately, to fulfill the sense of substantive justice in the Indonesian criminal justice system, AI must be seen as a tool that enriches and supports the legal process, not as a substitute for the role of judges. Systems that use AI in the decisions of the Panel of Judges must be able to balance efficiency and justice, ensuring that human rights, legal principles, and applicable social and cultural values are maintained. The final decision must still be in the hands of the judge who has moral and ethical considerations to ensure that the decisions taken truly reflect substantive justice.

Gustav Radbruch was a legal philosopher known for his contributions to legal theory, particularly regarding the relationship between law and justice. Radbruch developed a theory that linked applicable law to higher moral values or justice [17].

Radbruch recognized three elements in law:

• Legal Certainty (Rechtssicherheit)—laws must be clear and predictable.
• Justice (Justice)—laws must reflect the values of justice.
• Compliance (Compliance)—laws must provide social benefits.

However, if there is tension between legal certainty and justice, Radbruch suggests the concept of unjust law. According to Radbruch, if the applicable law is very unjust (as in the case of laws that conflict with human rights or basic morality), then justice must dominate, even if it means that the law must be violated.

2.3. Application to the Judge’s Decision

Based on Radbruch’s theory, court decisions must prioritize two basic factors:

• Legal Certainty—Court decisions need to be based on the laws in force at that time, to prevent legal uncertainty that could damage the social order.
• Substantive Justice—If the existing law conflicts with higher values of justice, however, the court’s decision may attempt to approach the principles of substantive justice, even though it may not be entirely in accordance with the applicable legal rules.

For example, if a law or government policy is clearly unfair or violates human rights, then the judge can use the principle of substantive justice to make a decision that is more in line with moral norms, even though it may conflict with the existing legal text. Radbruch’s theory illustrates that the law must remain flexible in accommodating justice and not become caught up in mere legalism. Thus, court decisions according to this theory can reflect higher values of justice than simply following literally the existing rules.

3. Conclusions

By providing faster and more accurate analytical tools, AI can help judges consider various relevant factors in a case. However, the use of AI must be performed carefully, considering ethical aspects, and maintaining the role of judges in deciding cases based on deep legal and moral considerations.

The system that uses AI in the Panel of Judges’ decisions must be able to balance efficiency and justice, ensuring that human rights, legal principles, and applicable social and cultural values are maintained. The final decision must remain in the hands of the judge who has moral and ethical considerations to ensure that the decision taken truly reflects substantive justice.