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Daniel Sianturi
Universitas Singaperbangsa Karawang
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kualifikasi Delik dan Pertanggungjawaban Pidana Penipuan Berbasis Deepfake dalam KUHP Nasional Radhin Naufal Faris; Daniel Sianturi; Taun Taun
Journal Of Human And Education (JAHE) Vol. 6 No. 4 (2026): Journal of Human And Education (JAHE)
Publisher : Universitas Pahlawan Tuanku Tambusai

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Abstract

The development of artificial intelligence has produced deepfake technology capable of convincingly manipulating faces, voices, and videos, creating opportunities for its misuse as a means of fraud. A legal issue arises because Article 492 of Law Number 1 of 2023 concerning the Criminal Code does not specifically regulate deepfake-based fraud, while its application must comply with the principle of legality and the prohibition of analogy. This research aims to examine the interpretation of fraud elements under Article 492 and the construction of criminal liability for parties involved. This normative juridical research employs statutory, conceptual, and case approaches. Legal materials consisting of primary, secondary, and tertiary sources are analyzed qualitatively and prescriptively. The findings indicate that deepfake may constitute a means of deceit when used to mislead victims and induce them to surrender Goods or benefits. Criminal liability is determined according to the role and culpability of each party, while artificial intelligence is positioned as an instrument of the offense.
Pertanggungjawaban Pidana terhadap Pelaku Eksploitasi Anak melalui Pemanfaatan Anak sebagai Pengemis Jalanan dalam Perspektif Hukum Pidana Indonesia. Daniel Sianturi; Radhin Naufal Faris; Taun Taun
Journal Of Human And Education (JAHE) Vol. 6 No. 5 (2026): Journal of Human And Education (JAHE)
Publisher : Universitas Pahlawan Tuanku Tambusai

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Abstract

Child exploitation through the use of children as street beggars remains a problem despite the prohibition of economic exploitation of children under Indonesian criminal law. This research aims to analyze the regulation and legal construction of child exploitation through the use of children as street beggars and the criminal liability of perpetrators. This research employs a normative juridical method using statutory, conceptual, and case approaches. Legal materials are analyzed descriptively, analytically, and argumentatively by examining the applicable legal provisions in relation to the alleged exploitation of three children in Pangkalan Kerinci, Pelalawan Regency, Riau, in 2026. The results show that the use of children as street beggars may constitute economic exploitation when it is proven that a person places, permits, commits, orders, or participates in exploiting a child for economic gain. Criminal liability may be imposed on perpetrators who fulfill the elements of the offense, possess culpability and capacity to be held responsible, and are not subject to grounds excluding culpability.
Co-Authors Radhin Naufal Faris Taun, Taun