Tuti Handayani
Universitas Kristen Cipta Wacana

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

CIVIL AND CRIMINAL LIABILITY OF DEEPFAKE AI PLATFORM PROVIDERS IN VIOLATIONS OF THE RIGHT TO REPUTATION Milka Kumala Kumala; Tuti Handayani; Muhammad Rizki; Reza Dipta Prayitna
International Journal of Sustainable Law Vol. 3 No. 1 (2026)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/0rqvry57

Abstract

The rapid development of Artificial Intelligence (AI) has introduced deepfake technology, which is capable of manipulating audiovisual data with high realism. While this technology offers creative utility, its misuse for synthesizing non-consensual pornography, political disinformation, and character assassination severely violates an individual’s right to reputation. This study examines the civil and criminal liabilities of AI deepfake platform providers under the Indonesian legal framework, specifically Law No. 1/2024 (Second Amendment to the ITE Law) and Law No. 27/2022 on Personal Data Protection (UU PDP). Using a socio-legal research method, this study analyzes how textual legal norms interact with the digital behavior of platform providers and the psychological and social vulnerabilities of victims. The results indicate a significant normative gap: current regulations primarily target the individual creators or distributors of deepfake content, while platform providers escape liability by hiding behind the "safe harbor" doctrine. Sociologically, this legal vacuum fosters a culture of impunity and exacerbates digital gender-based violence. This paper argues for a paradigm shift from passive moderation to active algorithmic accountability. Platform providers must be held civilly liable under Article 1365 of the Indonesian Civil Code for systemic negligence, and criminally liable under the corporate fault doctrine for failing to implement mandatory digital watermarking and proactive content filtration systems.
The Impact of Constitutional Court Decision No. 105/PUU-XXII/2024 on Restrictions on Defamation Lawsuits on the Public's Right to Oversee Power: An Institutional and Constitutional Analysis Muhamad Irwan; Rizky Perdana Bayu Putra; Tuti Handayani; Elmi Sasmitaningtyas; Milka Kumala
International Journal of Sustainable Law Vol. 2 No. 2 (2025)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/mcf6j149

Abstract

This article examines the impact of Constitutional Court Decision No. 105/PUU-XXII/2024, which restricted criminal defamation claims by institutions under the Electronic Information and Transaction Law. The ruling asserts that only individual persons—not state bodies, corporations, professions, or institutional entities—may file criminal defamation reports. Employing a normative legal method with statutory and constitutional approaches, the study analyses the decision’s implications for public oversight over governmental power, democratic deliberation, and institutional accountability. This paper argues that the decision strengthens citizens’ freedom of expression and the informal mechanism of checks and balances, while also reducing the potential misuse of criminal defamation provisions to silence criticism. However, the effectiveness of the ruling depends on judicial interpretation, harmonisation with other legal frameworks, and the institutional internalisation of democratic norms. The research concludes that although the decision contributes to the protection of civil liberties, a more systematic enforcement strategy, judicial guidelines, and legal reform are required to prevent retaliatory litigation through non-criminal avenues. Furthermore, this study contributes to constitutional scholarship by positioning the decision as a landmark shift from state-centred reputational protection towards citizen-centred constitutional guarantees. It highlights the need for a coherent legal architecture that safeguards critical expression as an essential component of democratic control over power. By mapping doctrinal consequences and practical enforcement gaps, this article offers a framework for evaluating future court rulings and policy reforms related to defamation, digital rights, and state accountability in Indonesia. Thus, the decision not only redefines the boundaries of criminal defamation but also provides momentum for strengthening constitutional democracy through legal culture transformation, legislative harmonisation, and strategic judicial oversight.