The development of artificial intelligence (AI) has changed the practice of contract drafting in modern civil transactions. In Indonesia, the use of AI systems as a tool for automating contract drafting is becoming increasingly widespread, both by businesses and individuals, because it offers efficiency, precision, and speed. However, this phenomenon raises fundamental questions regarding the legal validity and evidentiary strength of contracts formulated by algorithms, especially since Indonesia's civil law system is based on classical concepts of intent, agreement, competence, and the relationship between legal subjects, all of which require human involvement. Using a normative legal approach, this study analyzes the compatibility of AI-generated contracts with the validity requirements of agreements in the Civil Code, the framework for electronic transactions in the ITE Law, and international regulatory developments such as the UNCITRAL Model Law and the EU AI Act. The results show that AI cannot be positioned as a legal subject and therefore cannot give consent, so that contracts only obtain legal status if humans as contracting parties make explicit affirmations. The presence of AI in the drafting process also raises new evidentiary issues related to the integrity of electronic documents, system traces, the risk of automatic modification, and the attribution of intent. This research emphasizes the need for new legal standards governing algorithmic transparency, document verification mechanisms, audit trails, and the division of responsibilities between developers, providers, and users of AI systems. Thus, this article offers a conceptual framework and normative recommendations so that Indonesia's civil law system remains adaptive to the automation of contract creation without sacrificing the classic principles of agreements.
Viqria et al. (Mon,) studied this question.
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