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Artificial Intelligence-Based Deepfake Crimes: A Conception of Culpability Principle as a Criminal Liability Reform Wafi, Muhammad Syafiq; Aloysius Wisnubroto; Prayudi, Yudi
Reformasi Hukum Vol 29 No 2 (2025): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i2.1304

The phenomenon of deepfake crimes based on artificial intelligence (AI) demands a reform of criminal liability concepts through the expansion of the culpability principle, allowing the placement of AI as a subject of law. However, the idea of recognizing AI as an independent legal entity (electronic personhood) is considered irrelevant, since AI lacks human-like will and moral autonomy. Therefore, this study proposes a model of criminal liability that extends the culpability principle to providers and users of deepfake technology. Using a normative legal research method based on primary and secondary legal materials, this study comprehensively examines the application of the culpability principle through a comparative approach among various jurisdictions. The findings indicate that the most proportional form of liability is the vicarious liability model, which was initially applied to corporations but can be adapted to the AI context. In this model, software providers may be held liable for acts committed by AI in deepfake crimes, particularly as part of their responsibility toward technology governance regulations. The study recommends establishing national regulations emphasizing governance systems based on risk assessment, risk management, and impact assessment, as practiced in the European Union, Canada, and the United States. In conclusion, reforming criminal liability in the AI era is a strategic step to address the growing prevalence of deepfake crimes and to ensure that the legal system remains adaptive to technological developments.

Legal Reform in the Enforcement of Illegal Fishing Crimes Abdul Kamil Razak; Aloysius Wisnubroto; Tajudeen Sanni
Jurnal Justice Dialectical Vol 3 No 2 (2025): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v3i2.97

Illegal, unreported, and unregulated (IUU) fishing is a growing threat to sustainable fisheries in Indonesia. This practice requires effective law enforcement, which raises the question: are fisheries regulations in Indonesia effective in enforcing measures to combat IUU fishing? This research aims to analyse the effectiveness of law enforcement in combating illegal fishing, analyse the implications of illegal fishing on sustainable fisheries development efforts, and design an ideal policy model for law enforcement in combating illegal fishing. This research applies a normative legal research method, utilising secondary data as the primary source of analysis. The approaches used include a legislative approach and a conceptual approach. This approach also serves as the foundation for formulating an ideal policy model to combat illegal, unreported, and unregulated (IUU) fishing. This study shows that, first, the fisheries legal system in Indonesia remains ineffective due to persistent weaknesses in legal substance, legal structure, and legal culture. Second, this ineffectiveness results in economic losses to the state, damage to the marine ecosystem, and a decline in the welfare of the community, especially those engaged in fishing. Third, there is a pressing need to renew the legal framework through harmonisation with international agreements, revision of the Fisheries Law to close legal gaps, institutional capacity building, and enhanced international cooperation as important steps towards establishing an effective, fair, and sustainable law enforcement model to protect Indonesia's marine resources for current and future generations.

Implementation of Non-Cash Payment Regulations in Indonesian Aloysius Wisnubroto; Dinda Aprilia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

The advancement of electronic payment systems hasgiven rise to various innovations in financialtransactions, which are expected to enhanceconvenience, flexibility, efficiency, and simplicity forusers. Among these innovations, electronic money (emoney) demonstrates distinct characteristics comparedto pre-existing electronic payment instruments such asphone banking, internet banking, credit cards, anddebit/ATM cards. Unlike those systems, transactionsconducted through e-money do not always requireauthorization procedures or processes directly relatedto customer bank accounts. Based on this development,the researchers formulated the central problem ofinquiry as follows: How is the implementation of noncash payment systems within the Indonesian economicframework evaluated from the perspective of justicevalues? The study employed a constructivist paradigm,with a descriptive and prescriptive research design, andapplied a socio-legal methodology. Data analysis wasconducted through a qualitative descriptive approach.The sources of data included both primary andsecondary materials, obtained through library researchand field research, the latter involving interviews withrelevant stakeholders. The findings of this studyindicate that the Indonesian government andregulatory authorities have introduced a range of legalinstruments to strengthen the non-cash transactionecosystem. One significant example is Bank IndonesiaRegulation (PBI) No. 19/8/PBI/2017 concerning theNational Payment Gateway (NPG), which enablesinteroperability so that one payment card may be usedacross multiple platforms at minimal or no additionalcost. Furthermore, the government’s commitment topromoting cashless transactions is reflected in theregulation requiring all toll road users to adoptelectronic money as the sole payment method effectivefrom October 1, 2017. The study concludes that theIndonesian government is expected to continuouslyencourage the implementation of policies that enhanceeconomic efficiency through non-cash transactionswhile ensuring that the public is not burdened by excessive costs that could discourage adoption.Moreover, these policies are anticipated to foster thedevelopment of sustainable business models forelectronic payment services in Indonesia.

CRIMINAL LAW CHALLENGES AND SOLUTIONS IN ARTIFICIAL INTELLIGENCE-BASED CRIME PREVENTION IN INDONESIA Tri Suyud Nusanto; Aloysius Wisnubroto
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 3 No. 1 (2026): Vol. 3 No. 1 Edisi Januari 2026
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v3i1.1631

The development of artificial intelligence (AI) technology has serious implications for the criminal justice system in Indonesia. The emergence of new forms of crime such as cyber laundering, deepfakes, and digital data manipulation raises questions about who should be held accountable. This study aims to examine the main challenges in applying criminal law to AI-based entities and offer normative and practical solutions to ensure legal certainty. By using a normative juridical approach and a literature review of Indonesian positive legal regulations and doctrines, this study is expected to contribute to the formation of a ius constituendum that is adaptive to the digital era. The results of the study demonstrate the urgency of reforming national criminal law to accommodate the legal status and responsibilities of AI in the Indonesian justice system.

Artificial Intelligence-Based Deepfake Crimes: A Conception of Culpability Principle as a Criminal Liability Reform Wafi, Muhammad Syafiq; Aloysius Wisnubroto; Prayudi, Yudi
Reformasi Hukum Vol 29 No 2 (2025): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i2.1304

The phenomenon of deepfake crimes based on artificial intelligence (AI) demands a reform of criminal liability concepts through the expansion of the culpability principle, allowing the placement of AI as a subject of law. However, the idea of recognizing AI as an independent legal entity (electronic personhood) is considered irrelevant, since AI lacks human-like will and moral autonomy. Therefore, this study proposes a model of criminal liability that extends the culpability principle to providers and users of deepfake technology. Using a normative legal research method based on primary and secondary legal materials, this study comprehensively examines the application of the culpability principle through a comparative approach among various jurisdictions. The findings indicate that the most proportional form of liability is the vicarious liability model, which was initially applied to corporations but can be adapted to the AI context. In this model, software providers may be held liable for acts committed by AI in deepfake crimes, particularly as part of their responsibility toward technology governance regulations. The study recommends establishing national regulations emphasizing governance systems based on risk assessment, risk management, and impact assessment, as practiced in the European Union, Canada, and the United States. In conclusion, reforming criminal liability in the AI era is a strategic step to address the growing prevalence of deepfake crimes and to ensure that the legal system remains adaptive to technological developments.

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