Corporate Culpa Lata in Artificial Intelligence Offenses: Reconstruction of Criminal Liability and Reorientation of Evidence Under the 2023 Criminal Code

This deposit contains a preprint version of a legal research article examining corporate criminal liability for harms caused by autonomous artificial intelligence systems under Indonesia’s Criminal Code 2023 (Law No. 1 of 2023).

The paper proposes a doctrinal reconstruction of culpa lata (gross negligence) as a normative basis for attributing criminal responsibility to corporate controllers through a model of “Algorithmic Managerial Negligence”. Rather than focusing on unpredictable machine outputs, the analysis reorients fault assessment toward ex-ante risk governance, professional standards, and realizable risk theory.

Methodologically, the study employs normative legal research with a conceptual and statutory approach, engaging comparative insights from global AI liability discourse while remaining anchored in Indonesian criminal law principles, including the legality principle and fair trial guarantees.

Status: This manuscript is a preprint / working paper and has not yet undergone peer review. A revised version may be submitted to an academic journal.

Version note: This version is made available for scholarly discussion and citation. Subsequent revisions may differ.