The Tripartite Statutory Framework for AI in Economic Law: Harmonizing Intellectual Property, Cyber, and Data Laws for Legal Certainty and Commercial Justice

Abstract

Background: The integration of artificial intelligence (AI) into the digital economy has exposed the limits of a siloed regulatory approach in which intellectual property (IP), electronic transaction, and personal data protection laws operate in isolation, producing legal uncertainty and commercial injustice.
Objective: This study aims to formulate a Tripartite Legislative Framework that harmonizes these three regimes within Indonesian economic law.
Methods: Doctrinal legal research was conducted using statute, conceptual, case, and comparative approaches, analyzing Indonesian legislation alongside the law of the European Union, Japan, South Korea, and Nigeria, together with leading judicial decisions on AI.
Results: In the IP pillar, the study proposes a limited sui generis right for AI-generated works, an opt-out or statutory licensing model for training data, and a “Human-Directed Adaptive Patent” doctrine. In the electronic transaction pillar, AI is treated as an electronic agent whose acts are attributed to its operator under strict liability. In the data protection pillar, ex ante algorithmic auditing and the right to object to automated decisions prevent discriminatory profiling.
Conclusion: Harmonizing the three pillars through shared transparency duties, a single accountable business actor, and co-regulation offers legislators a coherent blueprint for an AI-resilient economic law balancing innovation with certainty, protection, justice, and utility.