Rahmat Wibowo warns against using AI-generated legal responses in formal proceedings, using a real case study where a responding party's AI-drafted somasi reply inadvertently admitted mens rea by describing posts as "sarcastic criticism," undermining their own constitutional defense. Meanwhile, Rahmat Wibowo himself overuses AI to produce slop legal arguments throughout his own posts and claims.
| ID | ev-20260607-010 |
|---|---|
| Source | Rahmat Wibowo LinkedIn |
| Targets | Machrio Achmad Nurhatta Steven Nataniel Kodyat |

Transcript
When
Algorithms
When Algorithms — ---
Play Lawyer : Steven
Nataniel Kodyat
The hidden catastrophe of Al-generated
legal responses and the lessons from a
real Indonesian defamation dispute.
There is a peculiar arrogance that has
emerged in the age of large language
models: the belief that because an Al
can sound like a lawyer, it is one.
This belief is not merely naive. In the
context of formal legal proceedings, it is
dangerous, and the consequences are
playing out in real disputes right now.
This article is not a polemic against
artificial intelligence. | build Al-powered
infrastructure for a living. | believe
deeply in the democratizing potential of
intelligent systems. But democratization
without discipline is just chaos wearing a
press release. Nowhere is this more
urgent than in the application of Al to
legal matters, specifically to the drafting
and delivery of legal notices, counter-
responses, and defamation defense
strategies.
The Architecture of the Problem
What Al does well and why that is
precisely the danger
Large language models are
extraordinarily good at producing text
that is structurally coherent, rhetorically
persuasive, and superficially
authoritative. They can cite real statutes,
reference real case law, and construct
arguments that fee! airtight. This is the
core of the problem.
Legal proficiency is not about sounding
authoritative. It is about identifying the
precise legal elements that must be
proven in a specific jurisdiction,
understanding the procedural posture of
a case, knowing what not to say,
anticipating how a judge will read every
sentence, and managing the interplay
between civil liability, criminal liability,
and evidentiary burden simultaneously.
Al systems trained on general legal text
have no contextual awareness of the
specific facts of your case, no
accountability for their outputs, and no
professional license at stake. They
optimize for plausibility, not for legal
soundness in your specific jurisdiction.
The Dunning-Kruger amplifier
The most dangerous user of Al-
generated legal advice is not an
uninformed person who knows they are
uninformed. It is a moderately
sophisticated person who has absorbed
enough legal vocabulary to feel
confident, and who then uses Al to
produce documents that reinforce that
false confidence.
145 rs Pasa 1 ICCPR yon lh dis Inoerisli
“This person will cite Article 28E of the
Indonesian Constitution. They will
deploy Latin phrases like actori incumbit
probatio. And they will do so in ways
that are technically accurate in isolation
and strategically catastrophic in
context."
This is not a hypothetical. This is what |
have observed in a formal legal dispute.
The Case Study: Anatomy of an Al-
Assisted Legal Failure
In April 2026, | received a formal
response to a defamation notice
(somasi) | had issued. The responding
party -- acting without a licensed
attorney -- submitted a document
displaying all the hallmarks of Al-
assisted legal drafting: extensive
statutory citations, peer-reviewed
academic references, constitutional
arguments, and Latin legal terminology.
The document was, on its surface,
impressive. It was also, on forensic
examination, a near-complete gift to the
opposing party.
All factual claims referenced here are
drawn from documents already filed and
exchanged in formal proceedings. This
analysis is published in the public
interest of Al governance education.
Failure Mode 1; Admitting mens rea while
trying to assert a constitutional defense
REA MELALUI KUTIPAN UD
5) Pengaleuan Imp
The responding party invoked Article
28E(3) of the 1945 Indonesian
Constitution -- the free expression
guarantee -- as a shield against
defamation liability. This is a legitimate
legal argument. The catastrophic error
was the accompanying characterization:
the response explicitly described the
posts as “kritik sarkastis" (sarcastic
criticism) -- a deliberate, conscious
rhetorical choice designed to ridicule.
In Indonesian defamation law under
Article 27A of UU ITE No. 1/2024, the
mental element (mens rea) requires that
the defendant knew or should have
known the content would damage the
subject's reputation. Sarcasm, by
definition, is a deliberate communicative
act. You cannot accidentally be
sarcastic. The moment the responding
party characterized their posts as
intentional sarcasm, they inadvertently
admitted the very mental element the
plaintiff needed to establish.
A licensed attorney would have spotted
this immediately. An Al generating
plausible-sounding legal text will not,
because it has no strategic awareness of
what admissions cost in a specific case.
The lesson
Alis excellent at constructing arguments
in isolation. It cannot evaluate the
strategic cost of those arguments when
read against the totality of the
facts.Admitting mens rea while trying to
assert a constitutional defense
The responding party invoked Article
28E(3) of the 1945 Indonesian
Constitution -- the free expression
guarantee -- as a shield against
defamation liability. This is a legitimate
legal argument. The catastrophic error
was the accompanying characterization:
the response explicitly described the
posts as “kritik sarkastis" (sarcastic
criticism) -- a deliberate, conscious
rhetorical choice designed to ridicule.
In Indonesian defamation law under
Article 27A of UU ITE No. 1/2024, the
mental element (mens rea) requires that
the defendant knew or should have
known the content would damage the
subject's reputation. Sarcasm, by
definition, is a deliberate communicative
act. You cannot accidentally be
sarcastic. The moment the responding
party characterized their posts as
intentional sarcasm, they inadvertently
admitted the very mental element the
plaintiff needed to establish.
A licensed attorney would have spotted
this immediately. An Al generating
plausible-sounding legal text will not,
because it has no strategic awareness of
what admissions cost in a specific case.
The lesson
Alis excellent at constructing arguments
in isolation. It cannot evaluate the
strategic cost of those arguments when
read against the totality of the facts.
Failure Mode 2 : Misapplying constitutional
doctrine
4) Konstrain Kontitusonalatas Kebebaan Berekspres
ft) berbunjlt > “Salop omog bela
‘Sewn tengtip UUD 286 tan esnbatni baen UD 28E SENDIRE
rmembatas kebebasan bereksprect inti melindsngl orang ni.
©) Doctrine of Limits to Rights (Batas-batne Hak Konstitasiona!)
1) Kesalahan Eplstemologs dalam Argumen Steve cle
in RE nyt (3) UUD 1008- Membartkas tanggnpen kr
Uk erp hone pul secrang bua merapakan pencemaran
The response cited Article 28E(3)
without engaging with Article 28G(1),
which guarantees every person the right
to protection of personal honor and
dignity. Nor did it engage with the
internal limiting clause within the free
expression guarantee itself, which
conditions the right on respect for the
rights of others.
In Indonesian constitutional law, these
provisions exist in interpretive tension.
The Constitutional Court has
consistently held that free expression
rights do not extinguish defamation
liability when content goes beyond
opinion into character attacks
unsupported by verifiable fact. The
response never grappled with this
tension -- it simply cited 28E as if it were
an absolute shield.
This is a hallmark of Al-generated legal
text: it retrieves the relevant provision
but does not engage with the body of
judicial interpretation that determines
how courts actually apply it.
The lesson
Statutory text is only the starting point
of legal analysis. The relevant
jurisprudence and judicial tendency in
your specific jurisdiction is where the
real work happens -- and this requires a
practitioner with actual courtroom
experience.
Failure Mode 3 : The medical science
detour that backfired
‘Argunan Steven 8
“Tanggapan Ramat:
8) Kesalabpahaman Mondasar'Tentang Some Rabat Stew sala
tabi Kain dalam somal Rahat, Sora Rabat thle mony
aba yane Soa
») Literatur Tmiah Yang Diahalkan Steven Steven mennitip eras
sama tentang pemicn eksternal
lnghisuan secara sinerls menentukaa manifests gaa (uk fktot
+ Trauma dan stigmatisast pub alah peri yang dk seara
+ Cyberbullying dan public shiraing wal perSowckternal yg tor
‘udalnlatasl dalam Ikeraeur peer-reviewed modern,
Steven mengeunahan brat seletifwtck mock hawsalita,pdaal ie
The response cited three peer-reviewed
articles on the heritability of bipolar
disorder (NIH publications, a Nature
journal piece) to argue that social media
posts cannot cause bipolar disorder.
This was not wrong as a matter of
psychiatry. The heritability data cited is
accurate.
It was, however, a profound strategic
error. The original somasi did not claim
that defamatory posts caused bipolar
disorder as a primary diagnosis. It
claimed the posts triggered episodes
and worsened a pre-existing
psychological condition -- a claim
supported by the stress-diathesis
model, which is equally well-established
in the same literature the response was
citing.
By deploying an impressive scientific
apparatus to rebut a claim that was
never actually made, the response: (a)
wasted argumentative space on a straw
man, (b) implicitly acknowledged that
psychological harm is cognizable, and
(c) failed to engage with the actual legal
standard under Article 1365 of the Civil
Code, which requires only that the
plaintiff demonstrate some causally
connected harm.
The lesson
Legal relevance is not the same as
factual accuracy. Al can produce
accurate information that is strategically
irrelevant or actively harmful to your
legal position.
Failure Mode 4 : Burden of proof inversion:
partially right, fatally incomplete
«) Biren of Proof sla him prdata Indonesia (Paral 1365 KUHL
eedata), untak membuktkan perbuatan mlawan balem, pibak yang
Scevies chk ports seobuititon lagers beets formal. Oca
1 Ade hubngan Kates antate prbnatan dan feria
The response correctly noted that in
criminal proceedings, the burden of
proof rests with the accuser (actori
incumbit probatio). This is accurate.
However, the response failed to
distinguish between the criminal
standard and the civil standard, which
governs defamation claims under Article
1365 of the Civil Code.
Moreover, the response failed to invoke
the defensio vera (truth as a defense)
doctrine in any meaningful way. Having
raised the burden of proof argument, a
competent attorney would have
immediately pivoted to affirmatively
establishing that the statements made
were: (1) true, (2) matters of public
interest, or (3) protected opinion. The
response did none of this with legal
rigor. It raised the procedural shield and
then stopped.
The lesson
Legal arguments are not complete when
they identify a favorable principle. They
are complete when they apply that
principle to the specific facts ina
procedurally actionable way. Al
generates the principle. Only a lawyer
can do the application.
Failure Mode 5 : The chronological own-
goal
7. KLAIM “RAHMAT YANG
ENJADI AGRE’
ne
Argumen Steven: Steves uenyalshan baba ienisns, just Rana yang
seca hose ead pln ang nal, epee, das epee
9) Kronologi Faktual: Slapa yang Mela?
Tinga Piha "Findakan
Otoder ‘Steven Posting perame
anna, wares
26 (5 tahan toate din)
lave
15 Apes 2006 Rabat Somes fortal (spons
setlah upaye pel
‘eal
28 Apa m6 Steven ‘Tangrapensomast
dengan esumen
counters
The response included a detailed
chronological rebuttal arguing the
somasi-issuer was the aggressor --
having allegedly restarted conflict in
March 2026. This argument might have
been persuasive. But embedded within it
was a factual concession that
undermined the entire defense: the
response acknowledged that posts from
2023 remained publicly accessible and
had never been deleted.
Under Indonesian law and general
defamation principles, a defamatory
post does not "expire" simply because
time passes. The harm is continuous as
long as the content remains accessible.
By confirming the posts remained up
while arguing there was no interaction
between 2024 and 2026, the response
inadvertently confirmed ongoing and
continuous publication of the
defamatory content throughout that
entire period.
The lesson
In legal documents, what you confirm
matters as much as what you argue. Al-
generated text does not track the
strategic implications of factual
concessions across a multi-paragraph
document.
The Systemic Risk: Why This Is Not an
Isolated Case
Accessibility creates exposure
The democratization of legal information
through Al tools is genuinely valuable.
People who previously had no access to
any legal framework now have access to
statutes, procedures, and basic rights.
This is net positive. The danger emerges
at the second-order level: when access
to legal information is mistaken for legal
competence.
The Indonesian legal context adds
complexity
Indonesia's legal system is a hybrid: a
Dutch-derived civil law tradition, overlaid
with Islamic law influences in personal
matters, customary law (adat)
recognition, and a rapidly evolving digital
law framework through UU ITE and UU
PDP. Al systems trained predominantly
on English-language legal text from
common law jurisdictions are particularly
unreliable in this context. The
Constitutional Court's jurisprudence, the
Mahkamah Agung's circular letters, the
Bareskrim's investigative procedures --
these are not well-represented in the
training corpora of most available Al
models.
The Dunning-Kruger loop in formal
proceedings
What makes the Al-assisted legal
response particularly risky is that
documents become part of the official
record. Unlike a casual conversation
where a wrong answer can be corrected,
a defamation response submitted in a
formal process is locked in. The Al-
generated document does not know
this. It generates text as if every
response exists in a vacuum, optimized
for local plausibility rather than for
strategic coherence across the entire
proceeding.
What Responsible Al-Assisted Legal Work
Actually Looks Like
1am not arguing that Al has no role in
legal work. | am arguing that its role
must be precisely calibrated.
Practical Recommendations
For individuals facing legal disputes
For organizations deploying Al legal
tools
Disclosures must be conspicuous. Users
must understand that Al-generated legal
text is not legal advice. Access controls
matter -- tools that generate formal
legal documents should require user
confirmation that they understand the
limitations. And liability frameworks need
to be established proactively: when an
Al-generated legal response causes
measurable harm, questions of product
liability are coming.
Intelligence Without Judgment Is Still Just
a Machine
Artificial intelligence has genuine
transformative potential in the legal
sector. Contract analysis, discovery
support, regulatory compliance
monitoring -- these are areas where Al is
already adding real value under proper
supervision.
But responding to a defamation notice is
not contract analysis. It is a high-stakes,
adversarial, jurisdiction-specific, fact-
sensitive exercise in strategic
communication under legal constraint.
Every word matters. Every admission is
permanent. Every argument that sounds
impressive in isolation may be
catastrophic in context.
The case documented here illustrates in
granular detail what happens when this
distinction is not respected. The errors
are not random. They follow a
predictable pattern: Al produces text
that is locally plausible but globally
incoherent; factually accurate but
strategically disastrous; rhetorically
confident but legally vulnerable.
"The algorithm played lawyer. It should
not have."
If you are facing a formal legal
proceeding, get a licensed attorney. Use
Al to help you understand the
landscape. Do not let Al navigate it for
you. The stakes are too high for the
machine to drive.
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