Artificial Intelligence, Human Rights and Political Rights in Constitutional Democracy

Abstract

The development of Artificial Intelligence (AI) has significantly transformed democratic processes, particularly political communication, electoral campaigns, and the formation of public opinion. This article aims to analyze the implications of AI development for the protection of human rights and political rights in constitutional democracy and to examine the limitations of AI use in democratic processes based on constitutional principles. This study employs normative legal research using statutory, conceptual, and comparative approaches, with the 2024 Romanian Presidential Election as a case study. The results show that the use of AI and algorithmic systems in political processes can improve the efficiency of political communication but also creates risks of information manipulation, political content amplification, disinformation, and interference with voters’ freedom to form political choices. The Romanian case demonstrates the importance of technological transparency, accountability, human oversight, and clear legal procedures in addressing the use of digital technologies in elections. The study concludes that AI use in democracy does not require an absolute prohibition but requires rights-based limitations grounded in human rights and constitutional principles. For Indonesia, the findings imply the need to strengthen electoral regulations and AI governance frameworks to protect political rights while maintaining freedom of expression and electoral integrity.