Research Article: 2021 Vol: 24 Issue: 1S
I Nyoman Gede Antaguna, Faculty of Law Universitas Warmadewa Denpasar
I Nyoman Putu Budiartha, Faculty of Law Universitas Warmadewa Denpasar
The ability of Artificial Intelligence (AI) in conducting studies, provide decisions and legal considerations which has been tested against several well-known and experienced lawyers in solving problems, and beyond the prediction the results are astonishing, that AI can be faster and more accurate in reviewing agreements. This has become a hot discourse among practitioners even in the world of education. Various experts predict the ability of AI will be able to reposition the work of law enforcers, including the field of work of lawyers. A profession that is recognized and strictly regulated in Act No. 18 of 2003 concerning Advocates. The formulation of the problems in this study: (i) How does Artificial Intelligence work so that it is considered capable of offering a solution model for the dynamics of social problems (ii) How does the existence of AI affect the relationship with the Advocate profession in Indonesia? This research applies empirical legal research methods. A legal research which its research refers to the concept of law as a behavioral process that repeats itself every time the same thing happens. The concept of law is seen as a pattern of regularity of patterned behavior. The approach used in this research is the socio-legal approach: because this research focuses on social and legal phenomena in society, in this case the existence and empowerment of Artificial Intelligence which is considered to have the potential to replace the role of Advocate, a profession of Offisium Nobile whose existence is protected by Act No. 18 of 2003, and are the legal instruments ready to anticipate the development of Science and Technology which is moving and changing rapidly? Various theoretical approaches are used in this research to make it more structured, so that it can more comprehensively discuss the subject matter.
Artificial Intelligence, Law Enforcement Process, Advocates
Background
It is believed until now that humans are God’s most perfect creatures. Humans develop not only physically, as Charles Darwin’s theory of evolution which states that human ancestors are single and have evolved due to adaptability. But more than just the body, human perfection is clearly visible when this upright being grows up with a large brain volume. This advantage distinguishes it from other God’s creatures. With the brain then humans regulate the movement of their organs, regulate their own behavior and even manage homeostatic body functions. This special ability makes humans more dominant and superior than all inhabitants of the universe. Critically, one of the Greek philosophers named Rene Descartes taught rationalism as the source of all knowledge (Prof. Dr. H. M. Burhan Bungin, S.Sos., M.si. Qualitative Research, Jakarta, Kencana, page 5 and in his postulate said Cognito Ergo Sum, because of you make me exist. That is human nature which was later said to be the thinking animal.
From a biological perspective, humans are classified as Homo Sapien. A species of primate that has the ability to reason through its brain. From the religious side, humans have succeeded in developing their rational abilities in dealing with the Creator in various ways, from the anthropological side of human culture, they are equipped with the ability to communicate in a structured manner with each other in various languages, and in the social dimension humans have the instinct to live in groups, together to face ferocious nature with a lot of media. Studying the human habits mentioned above, it was identified that the human character in this world as Homo Faber, that is, creatures that always live with tools, which make them survive and even then make it a determinant in the cycle of the food chain. Gradually, it is this variety of human-created tools that have developed from time to time, invention after discovery and then referred to as technology. Talking about technology, of course, cannot be separated from the discussion of modernization. The modernization of technology has brought a new civilization to our future. Everything is completely computerized. 1967 Automatic Teller Machine (ATM) when first discovered and operated in the United States (US) on September 2, 1969. This cash machine provides cash to customers at Chemical Bank in Rockville Center, New York. ATM then literally revolutionized the banking industry. Combined with computer performance, customers no longer need to visit the bank to make basic transactions, even then not just withdrawing or transferring funds, now cash deposits can also be made through an ATM. A great evolution that offers convenience and practicality, so that many banks make efficiency because they maximize technology performance and the same happens to the internet technology too. In about 1970 initiated by the United States Government for the benefit of the Military Field, the internet which was initially empowered with very conventional technology, gradually the Internet dominates the lives of us all. The media business that has been established for decades has also been “rolled up” by Internet technology. In the past, people used to subscribe to newspapers and spend time reading paper. Magazines are packed with exclusive material. But today almost all of the media are online based. Everything is Paperless. Again, technology has changed the order of human life on the one hand. All facts can easily be seen, read and watched at the same time via Smart Phone Cellular, which makes everyone connected with very sophisticated data rates. Currently, when the Covid 19 Pandemic outbreak hit, where human activities have become very limited, alternative education with the online system shows the utility of the internet as a solution to social problems that occur. Appeals to work from home were also held through the internet.
The descriptions of technological advances above have brought big changes to everyday life. Is Artificial Intelligence (AI) which is currently a trending topic everywhere? AI is a processor technology that is currently widely used and developed in various fields of work, which has implications for establishing it as a trusted medium in making decisions. Many large industries are then very familiar with this methodology for analysis and decision makers. Banking, Capital Market, Advertising, and Entertainment are some examples of industries that make maximum use of this Artificial Intelligence system in their work operations.
With current technological advances, especially in the era of the industrial revolution 4.0, it has changed the way people in the digital era interact with life, including the legal field. AI is considered successful in processing various legal data that have been compiled and synchronized with other legal materials, which are then combined with maximum data speed processing so as to produce a legal product that is almost perfect. Even the output is reported to exceed the work of great professionals who have decades of work experience with time efficiency which is of coursed faster. It is also reported that AI can carry out legal drafting and reviewing agreements, it is reported that AI can conduct legal studies on both criminal and civil cases, even AI is said to be able to make decisions on the basis of data processing from previous judges’ decisions so that it has the ability like a Judge in a trial. That’s how it has spread in the global world how great the development of AI is, so that in the last 2 years it has become a discussion in the academic environment because it is considered to have substitution value with the duties of law enforcement in the country.
The phenomenon of AI, apart from being felt to be quite threatening to human empowerment as an active workforce, is due to the presence of robots that are high in production; it is also very disturbing psychologically for the future of the Advocate profession in particular. Advocates whose existence is protected by Act No. 18 of 2003 concerning Advocates, as stated in Article 1, that Advocates are people whose profession is to provide legal services both inside and outside the court who meet the requirements based on the provisions of the regulations. Legal services as referred to in Article 1 Point 2 are services provided by advorates in the form of providing legal advice, legal assistance, and exercising power, representing, accompanying, defending and taking other legal actions for the interest of the client in law. And to become an Advocate you have to pass some fairly strict requirements regarding age, education, special education, advocate examination, apprenticeship and requirements to have been sworn in by the local High Court. There are so many levels and competency tests that must be passed to become an Advocate, a profession mentioned by Officium Nobille, but the presence of AI is currently considered to have overshadowed the legal handling model that has been carried out by Advocates. Without realizing it, several law firms in the world have carried out socialization about the empowerment of AI as their service.
This legal research is undertaken by collecting data from various sources either by observing the writings of legal experts in various media, both local and foreign sources, or conducting interviews with law enforcement actors as a sociological approach to gender, so the mutatis mutandis of this research is part of empirical law (non-doctrinal legal research). The empirical research was conducted using a qualitative approach. According to Bogdan and Taylor quoted by Lexy J. Moleong, qualitative methodology is a research procedure that produces descriptive data in the form of written or spoken words from people and observable behavior. Lexy J Moleong, Qualitative Research Methods, (Bandung: PT. Remaja Rosda Karya, 2002). And the application of Empirical Research Methods can simply be said as legal research by collecting data and legal materials supported by survey methods. The survey method which partially is a means to collect data from resource persons or research informants to conduct observations and interviews on the field approach as it is (non-doctrinal legal research), which has a real benefit for 1. Exploratory 2. Descriptive 3. Explanation (explanatory or confirmatory), Namely explaining the causal relationship and testing hypotheses 4. Evaluation 5. Predict or porcasting certain events in the future 6. Operational research 7. Development of social indicators. 8. Exploratory (exploratory) 9. Descriptive 10. Explanation (explanatory or confirmatory), namely explaining the causal relationship and testing hypotheses 11. Evaluation 12. Predict or predict certain events in the future 13. Operational research 14.
Development of social indicators.
Legal research is a scientific process based on methodology, systematics and certain thoughts that aim to understand one or several legal phenomena by analyzing them. (Peter Mahmud Marzuki, 2005: 35). The approach applied in this study is a qualitative research method because the required data is in the form of words, not in the form of numbers or calculations. Such as data on the history of technological advances, AI breakthroughs, as well as exploring the reactions of these Juris and Advocates. Other considerations are: a. The qualitative approach directly presents the nature of the relationship between researchers and respondents, so that researchers can be more easy to present descriptive data b. The validity of the data obtained can be justified, because it is supported by accurate data sources c. The problem under study is a fact that actually occurs in the field. The results of this research are not different from other studies of social sciences, but because of the character of Law which is Sui Generic, a science that has its own uniqueness, the study of law is a logical building, which from the beginning to the end is a series of facts and theories. This explains each other. A legal research always uses systematic, logical and rational scientific structures and stages, which makes the entire scientific writing process an explanation of the logic of thought which is a dialectic process between theory and data. This paper is also a result of reflection on the phenomenon of technological development which is very powerful so that it is deemed necessary to make predictions about the phenomenon of Artificial Intelligence, including about the future of positive law in the context of the advocate profession which is protected by law No. 18 of 2003. It is undeniable that the ability of Artificial Intelligence has become a new medium in the legal settlement model which on the one hand has high potential for accuracy, but from a different perspective it will cause long debate and discussion because it is feared that it will be able to reposition the task of law enforcement in the country, including the scope of Advocate work.
Understanding Artificial Intelligence and How It Works
Artificial Intelligence or what is often abbreviated as AI if translated into Indonesian is kecerdasan buatan. And what is meant by artificial intelligence itself is a simulation of human intelligence that is applied in a machine and programmed to think like humans. According to Mc Leod and Schell, artificial intelligence is the activity of providing machines such as computers with the ability to display behaviors that are considered as intelligent as if these abilities are displayed by humans (Artificial Intelligence, Human Cognition and Expert Systems, TamTam Blogspot, 27 October 2012), According to H A Simon Artificial Intelligence is a study of how to make computers do things that are currently better than humans. (Lecturer of Education 2, Artificial Intelligence - Lecturer of Education, 14 November 2020). Meanwhile, John Mc Carthy in 1956 has defined that artificial intelligence is an attempt to model human thought processes and design machines in order to mimic human behavior. The Key Definitions of Artificial Intelligence (AI) That Explain Its Importance, Bernard Marr & Co, 2016).
AI when viewed from its work process is a processor technology that requires input of data to be used as knowledge, as well as the way the human brain works, which is full of past memories of what it has experienced, what it has seen and what it has heard. AI needs “experience” and data so that its intelligence can be even better. In processing the data, there is a process of learning, reasoning and self correction to be processed into a decision. A process that may sound complicated, but humans through the advances in science and technology have succeeded in engineering all of them to work simultaneously with maximum output. John Hopfiel, David Rumelahrt, and Edward Feigenbaum popularized “deep learning” techniques that help computers learn to add to their experience and “Expert System” techniques which can mimic humans in making difficult decisions. IBM’s Deep Blue runs AI on most systems. In 1997 Deep Blue challenged the world chess champion from Russia, Gary Kasparov as a test step towards its product innovation. To the surprise of many observers, it turned out that the world chess player had surrendered and gave up fighting this system, so that since then AI has been known as a computer product that is very accurate in making decisions.
Although AI is stigmatized as a powerful science fiction product, AI itself is in the process of forming a very important branch of computer science that deals with intelligent behavior, learning and adaptation in a machine. Research in AI concerns building machines to automate tasks that require intelligent behavior. The xamples include control, planning and scheduling, as well as the ability to answer diagnoses and customer questions, and have handwriting, voice and facial recognition capabilities. Such matters have become a separate discipline, which focuses on providing solutions to real-life problems. AI systems are now often used in the fields of public service, marketing practice, engineering and the military, as they have been built into several home computer software applications and online gaming. In fact, almost all smart phone applications are currently AI based.
AI in its implementation is created in a variety of ways. It does not always come with a robotic appearance as Audio visual has popularized him so far, but also applies it in various shapes and forms. However, the community has already stigmatized Robot as the implementation of AI. Robot itself, as the origin of the word Robota from the Czech language, which means working endlessly. This context has implications for mass production capabilities because the robot’s tireless performance, as long as the basic materials are met, productivity will continue. The public, if led by Hollywood fictional works, will be imagined by the films E-Robot, Ex Machina, Her, Terminator and other films that feature AI products as complete as the human body, which can be invited to communicate and some are even used as personal assistants. But in its application, AI itself is not just a robot that has been visualized so far, and AI with its current performance is a processor that can process quickly with infinite data with almost perfect analysis and correction.
AI perfection can be seen in the Hollywood movie entitled Angel Has Fallen directed by Ric Roman Waugh, the sequel to the Action Thriller film, the US Secret Service story named Mike Bannings, who in this episode tells of the security action of the president of United State of America Allan Trumbul. It is told that President Trumbull was about to spend the weekend fishing in a lake escorted by Special Forces with maximum security protocol. Secret service troops routinely share duties, either guarding the riverbanks or there are some who supervise the safety of the President on the water using a boot boat. Suddenly, there was a great attack in the sky with the presence of drown aircraft armed (unmanned), numbering in the thousands, shelled all the presidential guards until they were all killed. Even President Trumbul and Mike Banning were bombarded with drowned gunfire forcing them to dive deep into the river to save them. What’s interesting about the drown attack part is that the tool operates with sophisticated weapons and takes advantage of the greatness of Artificial Intelligence which is immediately able to read the facial identity of the target object, so that it can filter or select the person being targeted or who will be executed. In the film’s story, the presidential assassination orders with the exception of Secret Service Mike Banning are screened to be scapegoated as a traitor to the state in an attempt to orchestrate the assassination of the US president. It shows clearly how AI technology plays a sophisticated role with a combination of very interesting visual effects, so that the audience is able to conclude that there is a role for AI that supports technology in the engineering scene of the assassination of President Allan Trumbul. Even the director commented that this Drown Attack Model could be practiced in real war, it could even already exist. (Ian Failes, Director of Ric Roman Waugh on Crafting the Frightening Drone Attack In Angel Has Fallen, VFXV-The Magazine of The Visual Effect Society, October 15, 2019)
From the film’s story above, it shows AI’s expertise in analyzing things related to intelligent behavior, learning and adaptation in a machine. The research in AI have shown its capable in controlling, planning and scheduling, even the exception of the ability to carry out orders, answer diagnostics and customer questions, as well as handwriting, voice and facial recognition, so that AI systems are now often used in the fields of economics, medicine, engineering and military, as has some built in home computer software applications and video games.
Apart from the admiration of many parties for the ability of AI to process data, not a few people are also very worried about the actions of AI moving forward out of control. A series of Hollywood fictiion movie seem to be visionaries of the surprises of the future. Various scenarios are like true stories about all the possibilities that happen in the future. But the story of robots as part of an army, rebellion of robots, or robots to become The Machine Gun which turns to fight humanity, is like testing the water from the off-side picture of AI in human life. The fact that is happening today is that technology is a work of innovation with a background of practicality and benefit, but along with the existence of AI, it is predicted that it will erase several kinds of work because it has been substituted by the performance of AI programmed machines. Technological advances in the industrialization era created sophisticated factory machines that made them able to produce more so that some of them negated the work of working class community which might benefit the corporate community, but it actually became the trauma of the world community when they were no longer empowered. This phenomenon was extracted from a study by the University of Oxford published in 2013 that stated that 47 percent of human jobs today are at risk of being replaced by sophisticated machines in the future. It no longer revolves around the level of labor, but will reposition the educated people who were previously established in the profession they are engaged in. The following are some of them: (1) Lawyers, (2) Journalists, (3) Financial Analysts, (4) Medical Work, (5) Construction Workers or Labors.
From the publication above, it raises a question for all of us legal practicians, how cans Oxford as an famous institution concludes that the Advocate Profession is in rank 1 as a profession that will be lost on earth? It should be noted by the reader that the institution providing this statement is the University of Oxford, which is a college with a variety of institutions, including 38 constituent colleges and various academic departments divided into four Divisions. Oxford has produced many notable alumni, and some 58 Nobel Prize recipients who have studied or are affiliated with the University of Oxford. With this predicate, of course the statement cannot be doubted. But as part of the researcher, let us go deeper into that conclusion.
It is LawGeex; a professional legal service based in Tel Aviv Israel and New York whose Core Business Unit serves Artifisial Intelligence-based legal services to the law-seeking community. With a short motto, precise and low cost, this law processor office offers a different model of legal services to its clients. To publish their work methodology, LawGeex offers an open proof model that is covered by Global Media around the world by conducting a trial test for 20 top corporate lawyers who have decades of experience in drafting contract agreements, including participation of well-known Law Firms like Goldman. Sachs and Cisco, and several leading law firms such as Alston & Bird and K&L Gates. Registered also the name of Dr. Roland Vogl, Executive Director of the Stanford Program in Law, Science, and Technology, senior lecturer in the Law School of Law at Stanford Law School. The challenge given to these great lawyers in 2018 is to review and simultaneously find problems with the Non-Disclosure Agreement (NDA), which consists of 11 pages with 30 legal issues, with 153 paragraphs. (LawGeex Hits 94% Accuracy in NDA Review vs 85% for Human Lawyers- Artifisial Lawyer, 26 February 2018)
The trial results turned out to be quite astonishing; AI beyond predictions had defeated all of the leading lawyers for the first time in a competition to understand legal contracts. The test results prove that AI achieves an accuracy rate of 94%, in contrast to the attainment of lawyers who averages only 85%. And the amazing thing is the ability of AI to complete this trial in just 26 seconds, far from the lawyers who averaged it in 92 minutes. It can be imagined that AI promises a settlement model with proven effectiveness and efficiency.
The example above is the superior AI model in conducting tests on contract reviewers who have so many kinds of rules and all kinds of problem solving approaches, there are still many legal perspectives that must be tried again to test the effectiveness of AI in offering solutions to lawyers services, whose activities are not limited to apply the law, but also make legal findings on any renewal of norms that occur in society.
Legal Dynamics Counterbalance with Social Change
The AI phenomenon above illustrates how fast the movement of science and technology is in human civilization. It is a moral consequence if the Law is understood as a set of rules governing human relations with one another in society which raises sanctions for violators; it must always be up-to-date to compensate for these social changes. Sociologist Selo Soemardjan argues that social change is: “all changes in a social institution in a society that affect the social system, including values, attitudes, patterns of behavior among groups in society. Which changes then affect other aspects of the structure of the society concerned? “Lexi, M.J. (2002). Qualitative research methods. Rosdakarya. Bandung. Whereas changes that occur in society can occur in various ways, one of which is in the structure of society. Structure is a pattern of relationships that exist between elements in society which will have an impact on changing ways of thinking, developing attitudes, and also changing live styles. So that there is a difference with the previous habits. However, the facts are sometimes not always in line with the world of ideas, that not every change in society is always changing for the better than before, because in some cases, it can also have a sideway seffect, even though it is part of an innovative product. Smartphones as modernization products are examples of endless innovation. As a result, everyone becomes very dependent on their communication tools because of their practical impact and as a source of information. But the side effect makes the relationship of each individual in the family even more artificial. A family can sit together at a table without making meaningful communication. Father, Mother and Son are busy with each cellphone in hand. There is no meaningful discussion in building a common interest in a small community called family. This simple context is called social change which bears irony apart from the added values in general that offer utility and practicality. Still in social change related to structural changes, then what if social changes have implications in the legal world?
In the sociological dimension of law, law is always seen as not independent. Laws cannot be translated into statutory provisions alone. As Eugen Ehrlich said Ian, F. (2019). Director of ric roman waugh on crafting the frightening drone attack in angel has fallen. VFXV-The magazine of the visual effect society, October 15. “at the present as well as any other time, the centre or gravity of legal development lies not in legislation, nor in jurist science nor in judicial decision, but in society it self”
Based on the theory put forward by Eugen Erlich, it shows that society as the center of legal development is nothing but a forerunner to the birth of a law. Therefore, including all social changes that occur in society is an instrument that can influence the center of activities and legal developments for the next period. Of course, based on legal developments influenced by these societies, it is deemed necessary to describe concretely the effect of social change on developments in the flow of legal thought.
As Cicero’s adage says Ubi Cocietas Ubi Ius (Paul Schiff Berman, The Oxford Handbook of Global Legal Pluralism, Oxford University Press, 2020. p.89), which means that where there is a society there is law, so the existence of law is very much needed in regulating human/social life. Without the law, human life will be wild, whoever is strong will win. And in that the dynamics of humans adapting to their lives have an effect on the rules that have been adjusted according to their development and era. Laws will survive with their dogmatic nature, or will they subsequently undergo adjustments to social changes that occur in a community which they govern? Because on the basis of empiricism, law moves along with social changes that occur in society. Humans live with a variety of needs. As a person who is never satisfied, innovative steps through the development of science and technology have given birth too many changes. So, the Law is adjusting and harmonizing,
The thought of legal history pioneered by Carl Von Savigni when he considered law as the development of the soul of a nation (volkgeist) basically did not agree with the context of universal law, but the true law gave recognition to the importance of unwritten law. As for the context of “development” that is meant by Carl Von Savigni, he implicitly acknowledges that the law is always changing or dynamic. Therefore, what has happened from the point of view of the social science approach, especially in terms of social change towards legal dogmatics in the practical realm, is that the theory of legal positivism is refuted, which was previously immune from various non-legal influences such as the sacredness built by Hans Kelsen. For Savigni, law is not a codification generalized as a product. Reckless importation (Kutner, “Legal Philosophers: Savigny”, pp. 283-284). Carl Von Savigni further saw law in its development as a process, not just a history of law in the reflection of the soul of the nation but the dynamics of law that had to be created by legal experts who formed legislation on the basis of history and the needs of society. Reflecting on the development of law in our criminal justice system which is the codification of the French Penal Code, especially in the context of its enforcement, law enforcers have a tendency to think positivism or legism. Criminal law which is a written rule that regulates concrete actions in the form of evil behavior or criminal acts as well as the conditions for the criminal act itself and the sanctions. And to state that a person has violated the criminal provisions itself applies the principle of Criminal Law, namely Geen Straf Zonder Schuld (p. 141), this principle means that it is impossible for people to be held accountable (sentenced to crime) if they do not commit a criminal act. (Romli Atmasasmita, Reconstruction of the Principle of No Penalty Without Mistakes, p. 141). Regarding this fact, we are not discussing the borderline between sociological and legism, but if then the law is interpreted as a solid building without the interference of justice and conscience, even social demands, then in addition to the result it is far from the context of justice, it will make law it is like a holy book which is very difficult to amend. Yet on the one hand, social change has simultaneous implications for the rules protecting the rights and obligations of every citizen.
The phenomenon of artificial intelligence should be seen as a serious matter to be addressed because it has colored changes that occur in society. As a google assistant, AI has been accommodated in a smartphone pixel. In Apple Machintos hardware, AI is accommodated in the SIRI assistant. And it’s also designed in Cortanai n the windows operating system.
The Potential of Artificial Intelligence Dominance to the Advocate Profession
Advocates/lawyers are a profession in the realm of law that offers services in the form of legal consultation or other, either within the scope of the court or outside the court. There are many terms that we know about the lawyer profession. Some call it Advocate, some say Solititor, Barrister and very often as Lawyer, even in the Dutch era this profession was popularly known as Fochlor. Each of them has a history and jurisdiction within the scope of their work. However, since Aaw No.18 of 2003 on Advocates was passed, now there is no difference between an advocate and a lawyer and others. According to article 1 paragraph
1. Of the Advocate Act, all people who are professionally providing legal services inside or outside courts throughout the Republic of Indonesia are called advocates, including lawyers. And paragraph.
2. Then explains that what is meant by legal services are services provided by advocates in the form of providing legal advice, legal assistance, exercising power, representing, accompanying, defending and taking other legal actions for the client’s legal interests.
Thus, it is clear who is meant by an advocate and what services are offered to the public. With its existence protected by law as a legitimate profession and the only one that can take side and defend clients both inside and outside the court, then actually in Indonesian law there is no need to worry if the existence of AI which has been so amazing is predicted in Indonesia. Later on, will change (reposition) the advocate profession. AI must still be seen as a tool that can support advocates’ work. A profession that is full of norms and ethics. Even to carry out this profession an advocate candidate must go through various conditions and even be sworn in by God Almighty. Up to this stage, of course, it is clear that advocates are part of law enforcers in Indonesia who are faithful and devout in providing legal services and their space is limited to a code of ethics as regulated in the law.
Observing the Advocate’s oath which explicitly states about the sublime dedication to Advocates when it says “that I will guard my behavior and will carry out my obligations in accordance with my honor, dignity and responsibility as an Advocate”, then as a profession that is also part of law enforcement Advocates have several distinctive characteristics so that they have a distinguishing value from other professions, namely: first, an advocate is identical with expertise that is applied in service to clients freely and responsibly. In the perspective of being an “expert”, apart from being supported by a track record (experience), an advocate is also supported by a formal certification stating his expertise background. So that the title of an advocate is not only from what is spoken verbally, but through an academic process so that it becomes tested and measured in its professional dimensions. Second, the freedom of advocates is within the corridor of the code of ethics. Code of Ethics that is honest, fair and responsible. The code of ethics includes service standards. For example, how are the handlings of client procedures pre, in and after the trial? Third, advocates build integrity with community service in the form of Legal Aid. In this matter, the advocate clearly states that he is responsible for not rejecting a case in which the advocate has the capacity to defend the Client.
Understanding the character of the Advocate above, then it is linear that this profession is part of the four classes which interprets the legal norms in defending the client. The norms established by the Legislation Body are loaded with Morals, which at the same time reflect legal certainty. This mix and match of the performance of law enforcers will be able to measure people’s acceptance of the law, what is the form of compliance and the form of accountability in the rule of law. As we understand Roscoe Pound’s words, “Law as a tool of social engineering”. Law is a medium for creating social order, when every citizen is protected on his rights and obligations.
By criticizing the meaning and essence of Advocates, the responsibility of the profession in its pledge, the aspects of morality in its references, and ethics in its behavior and other work boundaries, we should conclude that the world of advocates is a world of soft skills. The world of advocates is not limited to the sound of laws lexically, not only in a collection of rules and percentage formulations, also not only in the form of contract patterns, agreements, MOUs and consensus accordingly, but the performance of advocates is reflected in their ability to interpret, adapt, and explore. problems, think comprehensively so that strategic thoughts are formulated in letter composition, or alternative solution formulation techniques including the perspective of how to win a case with critical decisions, all of which, if accompanied by the ability to articulate properly and correctly, will be able to build client trust and confidence. And those characters are all part of soft skills, a non-technical ability in Advocates that are formed naturally based on the environment, education, experience and relationships, which accumulatively form patterns based on skeptic thinking so that they become trained to make critical decisions.
An event that tries to contest AI with Advocates/Lawyers may have been carried out by several important institutions in the world such as Al Geex above, whose scores have discredited the ability of Advocates/Lawyers due to disparities in accuracy and duration. Reporting from bbc.com in November 2017, there was a contest involving more than 100 lawyers in London against an AI platform called Case Cruncher Alpha. Both humans and AI were provided with the basic facts of hundreds of sales cases from PPIs (UK insurance payments) and asked to predict whether the Ombudsman would allow the insurance claims. In all, they made 775 predictions. AI won hands down, with Case Cruncher gaining an accuracy rate of 86.6%, compared to 66.3% for advocates. Again, the Advocate becomes the victim of AI’s greatness. But it is advisable to equalize the perception of all these phenomena, then the true Human (Advocate) is being pitted by a machine (Robot) which of course Artificial Intelligence is designed to have an integrated, consistent, simultaneous, fast way of working so as to accumulate choices for rich data. This has been deducted, and then synchronized in data processing on what is ordered, to be able to issue output as a form of conclusion to the problem formulation that has been made. This model is very linear in the pattern of deepening the epistemological nature of science, which rationality is built on the syllogism of the premises that make a conclusion. So actually AI is designed to mimic how the human brain works by programmers in simulating human intelligence itself. There is data, there is information then there is reasoning, adjustments in the form of corrections and the final is in the form of conclusions. Even in the work process, AI is faced with choices so that it involves probability theory, and on the AI output is a choice of various opportunities for the best rationalization. That’s why AI results are never 100 percent, but that percentage can always outperform Advocates’ professionalism.
From the facts above, we are actually testing the ability of two fighters in the context of Hard Skills. An ability of two parties based on a concrete formal formula. Something that, if intended by humans, will be quickly learned through maximum brain performance. So it emphasizes the assumption above, which discussing the world of Advocates is not only about Hardskill, but almost 70 percent of the world of Advocates is the Softskill dimension. An abstract space that cannot be penetrated by AI. The explanation is First, an Advocate is used to sharpen his Communication Skills. Both in Articulation management so that they have the ability to convince, or in body language. An ability that AI certainly doesn’t have. Second, in law firm management, an advocate has leadership to become a patron who should be digested and emulated. In fact, both the Lawsuit and the Pledoi can be an external reference, if the managerial answers can be drawn up full of theories and empirical views, which are composed of good leadership. The third is Work Ethic; Advocates have a good work ethic in deepening or extracting information from external parties. On the basis of this work ethic, sometimes it is formulated references that are novelty which of course AI does not have. Fourth, TeamWork. There is a saying, if four lawyers gather, they will get 5 conclusions. This joke is not a figment, based on experience and critical thinking; lawyers can comprehensively solve a case. And usually owned by lawyers who have high working hours in the path of their advocacy career. Fifth, is Good Attitude, the myriad of knowledge that we build in the Hard Skill format will be of no use to many people if it is not based on good patterns and behavior? AI is considered to have an advantage in the field of Hard Skills, but if it is programmed and managed by a bad operator, then its utility in society will be minor, even if it does not rule out an error as in the fictional films on the big screen which tell that it is beyond expectations. Smart people, then robots become human enemies. Stephen Hawking once said, “The rise of powerful AI will be either the best or the worst thing ever to happen to humanity. We do not yet know which”. The presence of AI will either make progress or setback the future of humanity. We still don’t know exactly what it will be like.
Observing the facts, analysis and rationality above, in the field of law, technological advances do not only force governments to change their approach to law. Legal professionals and law enforcers need to immediately adapt to various innovations and creatives that make it easier for people to access all kinds of information in the field of law especially in the justice system that is developing AI in it. AI is still a tool that we can manage to facilitate the performance of professionals, including advocates. The maximum AI performance as an output for Hardskill will be limited if the Soft Skill of the adavocate is not combined, which when these two things are combined, it will undoubtedly produce effective work with Taken for Granted accuracy. Critical way of thinking of an advocate in responding to new things, as science and technology move quickly beyond our legislative work, so in this abstaction the Advocates will loudly voice Fiat Justitia Ruat Coelum, that even though the world collapses, the law must still be enforced.
Based on the discussion above, it can be concluded that:
1. The phenomenon of artificial intelligence in industrial era of 4.0 should be seen as a serious matter to be addressed because it has colored changes that occur in society. As a google assistant, AI has been accommodated in a smartphone pixel. In Apple Machintos hardware, AI is accommodated in the SIRI assistant. And it’s also designed in Cortana in the windows operating system.
2. The influence of AI in the field of law enforcement in Indonesia will force the government and law enforcement professionals to change their approach, where law enforcers need to immediately adapt to various innovations and creations that facilitate all kinds of information in the field of law, especially in the judicial system which is developing the AI phenomenon. However, AI remains a tool that can be managed to facilitate the performance of law enforcement professionals including advocates. The maximum AI performance as output on hard skills will be limited if not combined, it will undoubtedly produce effective works whose accuracy is taken for granted.
Presented in the International Conference at Hankuk University Seoul Korea, April 2021.