PREDICTIVE JUSTICE SEBAGAI INOVASI SISTEM PERADILAN PIDANA: STUDI KOMPARATIF INDONESIA DAN BELANDA

Abstract

This research is based on the increasing use of artificial intelligence in the criminal justice system through predictive justice, while Indonesia has not yet established clear legal regulations. The purpose of this study is to analyze the regulation of predictive justice in criminal risk assessment in Indonesia and the Netherlands and to examine the juridical challenges of its integration into the Indonesian criminal justice system. This research applies normative legal research using statutory and comparative approaches. The analysis is conducted prescriptively and comparatively by examining primary and secondary legal materials. The findings show that the Netherlands has implemented predictive justice in a structured manner as a decision support tool for criminal risk assessment, whereas Indonesia remains at an early stage without explicit legal regulation. The study also identifies key juridical challenges, including risks to the presumption of innocence, issues of algorithmic transparency and accountability, and personal data protection. This research concludes that predictive justice should function only as a support tool for judges and must not replace judicial reasoning or evidentiary processes. The study recommends the formulation of specific regulations that ensure due process of law and human oversight in the use of predictive justice in Indonesia.