Kedudukan Hukum Chatbot dan Asisten Virtual Berbasis Kecerdasan Buatan dalam Pembentukan Kontrak Elektronik Menurut Hukum Indonesia

The development of artificial intelligence has encouraged the use of chatbots and virtual assistants in electronic transactions, raising legal issues concerning their status, contract formation, and civil liability for system-generated actions. This study aims to analyze the legal status of AI-based chatbots and virtual assistants in the formation of electronic contracts under Indonesian law, the attribution of chatbot statements and actions during the formation of contractual agreements, and the legal basis for civil liability arising from resulting losses. This study employs normative legal research using statutory and conceptual approaches, based on a literature review of the Indonesian Civil Code, the Electronic Information and Transactions Law, and Government Regulation No. 71 of 2019. The materials are analyzed descriptively and analytically. The findings indicate that AI-based chatbots and virtual assistants are not recognized as independent legal subjects under the positive-law framework examined in this study. Their statements and actions do not automatically constitute binding offers or acceptances; instead, they must be assessed in light of the system’s function, the communication context, and the attribution of its actions to the parties operating or using the system. The validity of electronic contracts remains subject to the four requirements stipulated in Article 1320 of the Indonesian Civil Code. Civil liability, meanwhile, depends on the parties’ respective roles and legal obligations, fault or breach, causation, and proven loss. Accordingly, clearer legal rules and guidance are needed concerning the attribution of chatbot actions and the allocation of civil liability in electronic contract formation.