AI Revolution: The Legal Battle Between Indonesia and the European Union to Protect Copyright from Artificial Intelligence

Abstract

The global surge in generative Artificial Intelligence (AI) has triggered unprecedented legal complexities in copyright protection. This article offers a pioneering comparative analysis of how Indonesia and the European Union (EU) confront the challenges posed by AI-driven content creation and potential copyright infringement. Unlike prior studies that focus on domestic frameworks, this research integrates doctrinal and comparative legal methods to examine regulatory gaps, liability ambiguities, and enforcement mechanisms in both jurisdictions. This study reveals that Indonesia's Copyright Law No. 28 of 2014 remains anthropocentric, lacking recognition of AI-generated works and mechanisms for regulating AI training using copyrighted materials. By contrast, the EU has advanced a dual legal strategy through the EU Copyright Directive and the AI Act Proposal, which incorporates risk-based AI governance and explicit opt-out rights for copyright holders. The novelty of this research lies in its systematic mapping of regulatory asymmetries and formulation of harmonization strategies grounded in international principles, such as the OECD AI Guidelines and human rights instruments. It concludes that Indonesia must undertake proactive legal reforms to safeguard creators' rights in the AI era, learning from the EU’s anticipatory and principle-based approach. This study contributes not only to academic discourse, but also to policymaking in developing legal systems that navigate the disruptive impact of artificial intelligence