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TANGGUNG JAWAB HUKUM INFLUENCER ATAS PRODUK ILEGAL: KAJIAN HUKUM PERIKATAN DAN TINDAK PIDANA ITE Teguh Wicaksono; Fathol Bari; Yulius Efendi
JURNAL MULTIDISIPLIN ILMU AKADEMIK Vol. 2 No. 3 (2025): Juni
Publisher : CV. KAMPUS AKADEMIK PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jmia.v2i3.6257

Abstract

The phenomenon of the increasing number of influencers promoting products through social media has raised legal issues when the advertised products turn out to be illegal or harmful to consumers. This study examines the legal liability of influencers from the perspective of contract law under the Indonesian Civil Code (KUHPerdata) and criminal provisions under the Law on Electronic Information and Transactions (ITE Law). Using a normative juridical approach, this study finds that influencers may be held civilly liable for breach of contract if they fail to exercise due diligence in promotional agreements. On the criminal side, the promotion of illegal products may be subject to sanctions under Article 45A of the ITE Law if it fulfills the element of spreading false or misleading information. Therefore, more comprehensive regulations are needed to clarify the legal status of influencers as legal subjects with ethical and legal obligations in the digital sphere.
Perlindungan Hukum terhadap Korban Penyalahgunaan Teknik Deepfake Anfa’un Nisa’ Fidinir Rahman; Syariffudin Syariffudin; Fathol Bari
Perspektif Administrasi Publik dan hukum Vol. 2 No. 1 (2025): Januari : Perspektif Administrasi Publik dan hukum
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/perspektif.v2i1.202

Abstract

This research aims to find out the regulations regarding deepfake crimes in Indonesia and to find out the ideal regulations regarding deepfake crimes in the future. This technology, which is increasingly developing rapidly, can essentially make it easier to do anything. Apart from that, technological developments can cause serious problems, one of which is the misuse of deepfakes which are part of artificial intelligence. Deepfakes certainly harm many people, starting from victims whose identities are used by fraudsters, to victims who suffer material losses. The absence of regulations governing deepfakes means that state protection for victims of this crime is still in doubt. This research uses a normative legal research method which uses 3 (three) approaches, namely the statutory approach, the comparative approach and the conceptual approach. This research uses data collection techniques through library research. This research uses descriptive data analysis techniques by presenting data and information as a description of the research subjects and objects which are arranged systematically so that they can be understood. This research also uses a prescriptive analysis method, namely by providing arguments on the research results that have been described. The results of this research show that Indonesia has not yet explicitly regulated deepfake crimes. Indonesia only regulates falsification of personal data in general in the ITE Law which is a derivative of the 1945 Constitution of the Republic of Indonesia.