Analysis of Criminal Law Enforcement on Non-Consensual Deepfake Pornography in the Dissemination of Manipulative Content in Indonesia

The development of artificial intelligence (AI) technology has given rise to the phenomenon of deepfake, which is exploited for non-consensual pornography crimes, causing psychological and social harm to the victims. Although Indonesia has several regulations, such as the ITE Law, the Pornography Law, and the PDP Law, there is yet to be a specific regulation addressing deepfakes. The research uses a juridical-normative method with a statute approach, analyzing primary legal materials (ITE Law, Pornography Law, Criminal Code 2023, PDP Law), secondary materials (journals, books, expert opinions), and tertiary materials (legal dictionaries), which are collected through literature studies and analyzed deductively using the framework of legal justice and progressive law theories by Satjipto Rahardjo to produce a systematic argument. The research findings indicate that the lack of specific regulation on deepfakes in Indonesia creates legal uncertainty and barriers to enforcement, thus necessitating adaptive legal reforms, capacity-building of law enforcement officers, and a progressive approach to protect victims and ensure substantive justice.

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Publication Details

Journal
Al-Jinayah Jurnal Hukum Pidana Islam
Published
2025-06-29
DOI
https://doi.org/10.15642/aj.2025.11.1.125-153
Primary Topic
Legal and Social Justice Studies
Type
article
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article

Analysis of Criminal Law Enforcement on Non-Consensual Deepfake Pornography in the Dissemination of Manipulative Content in Indonesia

Anis Widyawati, Elang Rinjani Utara
Al-Jinayah Jurnal Hukum Pidana Islam
Legal and Social Justice Studies
article

Analysis of Criminal Law Enforcement on Non-Consensual Deepfake Pornography in the Dissemination of Manipulative Content in Indonesia

Anis Widyawati, Elang Rinjani Utara
article en

Abstract

The development of artificial intelligence (AI) technology has given rise to the phenomenon of deepfake, which is exploited for non-consensual pornography crimes, causing psychological and social harm to the victims. Although Indonesia has several regulations, such as the ITE Law, the Pornography Law, and the PDP Law, there is yet to be a specific regulation addressing deepfakes. The research uses a juridical-normative method with a statute approach, analyzing primary legal materials (ITE Law, Pornography Law, Criminal Code 2023, PDP Law), secondary materials (journals, books, expert opinions), and tertiary materials (legal dictionaries), which are collected through literature studies and analyzed deductively using the framework of legal justice and progressive law theories by Satjipto Rahardjo to produce a systematic argument. The research findings indicate that the lack of specific regulation on deepfakes in Indonesia creates legal uncertainty and barriers to enforcement, thus necessitating adaptive legal reforms, capacity-building of law enforcement officers, and a progressive approach to protect victims and ensure substantive justice.

Al-Jinayah Jurnal Hukum Pidana IslamVol. 11(1)
State University of Semarang (ID)
Openalex Percentile: Top 73%
Legal and Social Justice Studies
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Analysis of Criminal Law Enforcement on Non-Consensual Deepfake Pornography in the Dissemination of Manipulative Content in Indonesia — Anis Widyawati, Elang Rinjani Utara · Al-Jinayah Jurnal Hukum Pidana Islam (2025) | TGRS Research Map | TGRS