KONSTITUSIONALISME DIGITAL DI ERA KECERDASAN BUATAN: TANTANGAN PRIVASI, SURVEILLANCE STATE, DAN HAK DIGITAL

Abstract

In the era of artificial intelligence (AI), digital constitutionalism faces complex challenges, particularly those related to privacy, the surveillance state, and digital rights. The increasing capacity of AI technology to collect, store, and analyze data on a massive scale poses the risk of human rights violations and unequal access to information and control over personal data. This situation raises urgent questions about how constitutional principles can be effectively applied in the digital realm. This research aims to analyze these challenges, evaluate the suitability of existing regulations, and identify effective strategies for protecting digital rights amidst technological advancements. This research aims to analyze these challenges, evaluate the suitability of existing regulations, and identify effective digital rights protection strategies amidst technological advances. The research uses a qualitative, juridical-normative approach utilizing secondary legal materials, including national and international legislation, academic literature, reports from independent institutions, and case studies related to the use of AI in government and the private sector. The analysis focuses on the interaction between human rights principles, digital regulations, and AI-based surveillance practices, including issues of transparency, accountability, and public participation. The research findings show that while regulations such as the Personal Data Protection Law and privacy rights provisions provide a legal basis, significant gaps remain in the oversight of AI practices. The novelty of this research lies in the integration of comprehensive normative and empirical analysis to assess the impact of AI on citizens' constitutional rights, while also exploring the role of regulation and digital literacy. The research recommends strengthening the legal framework, enhancing accountability and transparency mechanisms, and empowering communities through digital rights literacy, so that digital constitutionalism can ensure that technological advances support the protection of individuals' fundamental rights.

Keywords: Digital constitutionalism, Privacy and digital rights, Surveillance State