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All Journal Jurnal Daulat Hukum
Ricky Hendra Gutama
Universitas Jayabaya, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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AI-Generated Deepfakes and Civil Liability Under Article 1365 of the Civil Code and Human Rights Protection Yuliasara Isnaeni; Ricky Hendra Gutama
Jurnal Daulat Hukum Vol 9, No 3 (2026): September 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i3.53580

Abstract

The rapid advancement of Artificial Intelligence (AI) has facilitated the emergence of deepfake technology, which enables the creation of highly realistic manipulated audio, image, and video content. While deepfakes offer various beneficial applications, their misuse poses significant legal challenges, particularly regarding civil liability and the protection of fundamental rights. This study aims to analyze whether the creation and dissemination of AI-generated deepfake content fulfill the elements of an unlawful act under Article 1365 of the Indonesian Civil Code and to examine the evidentiary mechanisms applicable in civil litigation involving deepfakes. This research employs normative legal research using statutory, conceptual, and case approaches. The findings indicate that the unauthorized creation and distribution of deepfake content may satisfy all elements of an unlawful act, namely the existence of an act, unlawfulness, fault, damage, and a causal relationship between the act and the resulting harm. The study concludes that Article 1365 of the Indonesian Civil Code can be applied progressively to deepfake cases, although more comprehensive regulations are necessary to ensure effective legal protection and accountability in the era of artificial intelligence.
Co-Authors Yuliasara Isnaeni