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All Journal KANUN: JURNAL ILMU HUKUM
Susmanto
Lecturer, Faculty of Engineering, Serambi Mekkah University, Banda Aceh, Indonesia

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THE DOUBLE LEGAL VACUUM IN PROVING DEEPFAKE CRIMES IN ACEH PROVINCE: A COMPARATIVE ANALYSIS OF THE ITE LAW AND THE QANUN JINAYAT Laila Pitri; Susmanto; Taufik Hidayat
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 2: August 2026: Constitutional Law and Global Development
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i2.2247

Abstract

Deepfake technology poses a serious threat to social stability and cybersecurity. This study examines the legal vacuum arising from the absence of explicit regulations regarding deepfake crimes in both the Electronic Information and Transactions Law (ITE Law) and the Aceh Criminal Code (Qanun Jinayat Aceh), which together create a dual legal vacuum in the enforcement of laws against deepfake crimes in Aceh. This study employs a normative-empirical legal methodology, combining an analysis of legal norms (the UU ITE and the Qanun Jinayat) with field data obtained through purposive interviews with key informants. The findings indicate that the UU ITE and the Aceh Qanun Jinayat have fundamental differences in their evidentiary philosophies, rendering both systems structurally incapable of addressing AI-generated content crimes. Two concurrent legal gaps were identified: a substantive normative gap and a procedural evidentiary gap. This study recommends multidimensional regulatory harmonization that includes explicit criminalization under the ITE Law, the categorization of deepfakes as “jarimah ta’zir” under the Aceh Criminal Code, standardized forensic procedures adopting ISO/IEC 27037:2012, inter-agency coordination mechanisms, and the development of digital forensic infrastructure in Aceh.
Co-Authors Laila Pitri Taufik Hidayat