Algorithmic Injustice: Examining Due Process Implications of AI-Based Predictive Policing in Developing Countries

Abstract

The advancement of artificial intelligence (AI) technology has enabled law enforcement agencies in developing countries to adopt predictive policing systems to prevent crime. However, the implementation of these systems raises serious concerns about algorithmic bias, transparency, accountability, and due process rights. This research examines the implications of AI-based predictive policing for due process principles in developing countries, with particular focus on Indonesia, Brazil, and Kenya. Using normative juridical methods and a comparative law approach, this study analyzes the risks of systematic discrimination, violations of presumption of innocence, and erosion of legal certainty arising from the use of algorithmic systems in law enforcement. The findings reveal that predictive policing systems frequently reproduce and amplify structural inequalities embedded in training data, thereby violating fundamental principles of equality before the law. This research argues that without robust regulatory frameworks, transparent algorithmic accountability mechanisms, and meaningful judicial oversight, AI-based predictive policing poses a serious threat to the rule of law in developing countries.