Reconstructing Maqāṣid al-Sharī'ah for Artificial Intelligence Governance: An Indonesian Perspective on Digital Administrative Law

Abstract

Artificial intelligence (AI) is reshaping public administration by enhancing governmental decision-making and public service delivery while simultaneously raising legal concerns regarding transparency, accountability, explainability, and the protection of citizens' rights. Although Indonesia has established a legal foundation for digital government through the Electronic-Based Government System (SPBE), the Government Administration Law, the Public Service Law, and the Personal Data Protection Law, these regulations do not yet provide a comprehensive framework for governing AI-assisted administrative decision-making. This study examines the adequacy of Indonesia's existing legal framework, identifies its regulatory gaps, and reconstructs Maqāṣid al-Sharī'ah as a normative foundation for responsible AI governance. Employing a normative-comparative legal approach, the research analyzes Indonesian legislation, international AI governance instruments, and contemporary Islamic legal scholarship through statutory, conceptual, comparative, and philosophical analysis. The study finds that Indonesia's regulatory framework lacks clear provisions on algorithmic accountability, explainability, automated administrative decision-making, human oversight, and institutional liability. It further demonstrates that Maqāṣid al-Sharī'ah, particularly through Jasser Auda's systems approach, offers a dynamic normative framework grounded in justice, public welfare (maṣlaḥah), human dignity, transparency, and accountability. Based on these findings, this article proposes a Maqāṣid-Based AI Governance Framework (MBAGF) that integrates constitutional principles, administrative law, international AI governance standards, and the higher objectives of Islamic law. The framework contributes to contemporary Islamic legal scholarship while providing a normative model for future AI governance and legal reform in Indonesia and other Muslim-majority jurisdictions.