Reinterpretation Of The Concept Of Legal Validity In The Theory Of Legal Positivism In The Era Of Artificial Intelligence

Abstract

The development of artificial intelligence (AI) presents conceptual problems for the theory of legal positivism, especially regarding legal validity when legal processes involve computational systems. This research aims to analyze the concept of legal validity in legal positivism and its reinterpretation in the face of the development of AI. The research uses normative legal methods with conceptual and philosophical approaches, through the study of books and scientific articles. The results of the study show that legal sources, authorities, and procedures remain the basis of legal validity. However, the technological validity of AI in the form of accuracy and consistency cannot be equated with legal validity. AI is positioned as a technological instrument, not a legal source or legal authority holder, so decisions involving AI still require human authority and accountability.