THE CONSTITUTIONAL LIMITS OF STATE USE OF ARTIFICIAL INTELLIGENCE IN INDONESIA: A DIGITAL CONSTITUTIONALISM PERSPECTIVE

Abstract

The use of artificial intelligence (AI) by the state represents a fundamental transformation in the exercise of public power in the digital era. Across jurisdictions, AI systems are increasingly deployed in public administration, law enforcement, social welfare distribution, security surveillance, and other decision-making processes that directly affect the legal status and fundamental rights of individuals. While these technologies promise efficiency and administrative effectiveness, their use by public authorities raises significant constitutional concerns, particularly with regard to the protection of human rights, the rule of law, and democratic accountability. This article examines the constitutional limits of state use of AI and identifies the constitutional principles that should govern its deployment. This study employs a qualitative methodology based on a conceptual and comparative legal approach. It analyses the emerging framework of digital constitutionalism as a normative lens through which the use of AI by the state can be assessed, focusing on the principles of legality, proportionality, transparency, due process of law, and accountability. In addition, the article examines relevant standards under international human rights law, particularly the International Covenant on Civil and Political Rights (ICCPR), as well as comparative regulatory developments, most notably the European Union Artificial Intelligence Act. The analysis demonstrates that the use of AI by the state cannot be treated as a merely technical or administrative matter, but must be understood as a constitutional issue involving the exercise of public authority. Without a clear legal basis, effective oversight, and enforceable accountability mechanisms, AI risks expanding state power in opaque ways and undermining fundamental rights. The article concludes that the integration of digital constitutionalism into the governance of public-sector AI is essential to ensure that technological innovation remains consistent with constitutional values, human rights protection, and democratic governance.