B. Wahyu Nurmita Sari
University Islamic Kediri

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Criminal Liability for Deepfake Dissemination: Under Indonesia's Cybercrime Framework B. Wahyu Nurmita Sari; Ali Huristak Hartawlan Hasibuan; Suharto
Jurnal Mulawarman Law Review Vol 11 No 1 (2026): VOLUME 11 ISSUE 2 JUNE 2026
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/

Abstract

The advancement of artificial intelligence (AI) technology, particularly the Generative Adversarial Network (GAN) architecture, has given rise to deepfakes, a serious threat to the digital information ecosystem. Deepfake technology enables the synthesis of a person’s face, voice, and body movements into highly convincing fabricated content, thereby posing risks to information integrity, individual privacy, and national security. This study aims to analyze: (1) the legal qualification of deepfake dissemination as a criminal act of electronic information manipulation under Article 35 in conjunction with Article 51 paragraph (1) of Law Number 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions Law; and (2) the forms of criminal liability imposed upon perpetrators of harmful deepfake dissemination based on the 2024 Electronic Information and Transactions Law and Law Number 27 of 2022 concerning Personal Data Protection. This research employs a normative juridical method, drawing on statutory, conceptual, and comparative approaches. The findings indicate that the dissemination of deepfake content may be classified as electronic information manipulation under Article 35 of the 2024 Electronic Information and Transactions Law, carrying penalties of up to 12 years’ imprisonment and/or fines of up to IDR 12,000,000,000. Furthermore, the creation of deepfake content involving biometric data without consent constitutes a violation of the Personal Data Protection Law, punishable by up to 6 years’ imprisonment and/or fines of up to IDR 6,000,000,000. This study recommends establishing a lex specialis regulation explicitly criminalizing the creation and dissemination of harmful deepfake content, accompanied by mandatory labeling of AI-generated content and strengthened digital forensic capabilities.