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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Reformasi Hukum Multidisciplinary Indonesian Center Journal Justice Dialectical Contrarius
Aloysius Wisnubroto
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Religion Humanities Earth & Planetary Sciences Education Environmental Science Law, Crime, Criminology & Criminal Justice Other

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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

Abstract

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

Abstract

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.
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

Abstract

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

Abstract

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.
Business Disputes in Electronic Transactions Policy in Indonesia Aloysius Wisnubroto; Dinda Aprilia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.7036

Abstract

Economic activities conducted through internet-basedplatforms are generally referred to as electronic commerce (ecommerce). E-commerce offers significant advantages,particularly in terms of efficiency and convenience for bothconsumers and business actors. For consumers, e-commerceprovides ease of access to transactions without requiringphysical meetings, while for sellers, it reduces operationalcosts. However, despite these advantages, e-commerce alsoraises potential risks, particularly concerning the protectionof consumer rights, which may lead to disputes betweenconsumers and business actors. Consequently, the need foreffective and efficient mechanisms for dispute resolution ine-commerce transactions becomes imperative. Based on thisbackground, the research problem was formulated asfollows: How can business disputes in e-commerce beresolved based on the value of justice? To address thisquestion, the researchers employed a constructivistparadigm. The research design adopted was descriptiveanalytical, using a socio-legal approach. A socio-legalstudy integrates doctrinal legal analysis with insightsfrom social sciences. The data utilized in this studyconsisted of both primary data, collected through fieldresearch and interviews, and secondary data, obtainedfrom relevant literature and legal documents. Dataanalysis was carried out using qualitative descriptivetechniques. The findings of the research indicate thatonline arbitration represents a highly appropriatemechanism for resolving e-commerce disputes. This isdue to the inherent characteristics of e-commerce,which transcends geographical boundaries and allowstransactions to occur globally through internetconnectivity. In Indonesia, the legal frameworkgoverning e-commerce is primarily established underLaw No. 11 of 2008 on Information and ElectronicTransactions and Law No. 7 of 2014, particularlyChapter VIII concerning trade conducted throughelectronic systems. Nevertheless, the currentregulation on arbitration, namely Law No. 30 of 1999,remains limited to conventional arbitration and doesnot adequately address the unique challenges posed byonline dispute resolution. Therefore, it is crucial for thegovernment to formulate and enact new regulationsspecifically governing online arbitration as a disputesettlement mechanism in e-commerce. Such legal reforms are essential to ensure that dispute resolutionprocesses remain relevant and responsive to the rapidtechnological advancements shaping modern economicactivities. In this context, appropriate, clear, andenforceable legal measures are necessary to safeguardboth business actors and consumers, while promotingjustice and legal certainty in the digital economy.
Indonesia’s Palm Oil Plantation Regulations for Promoting Community Protection and Justice Christiani, Theresia Anita; Elisabeth Sundari; Aloysius Wisnubroto; Gregorius Widiartana; Maristel M. Dela Cruz
Contrarius Vol. 2 No. 3 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i3.296

Abstract

The expansion of palm oil plantations in Indonesia has generated complex legal issues related to community protection around Cultivation Rights areas, land tenure conflicts, and the effectiveness of justice mechanisms in natural resource governance. Although agrarian, plantation, environmental, and human rights regulations formally recognise community protection, empirical evidence shows recurring agrarian conflicts and unequal benefit distribution. This study aims to: (1) analyse legal instruments governing community protection in palm oil plantation management; (2) evaluate the effectiveness of justice mechanisms and the role of state institutions in regulatory enforcement; and (3) formulate justice-based regulatory reconstruction through an international comparative approach. This research applies an empirical juridical method with a socio-legal approach, combining statutory analysis and fieldwork conducted in the operational areas of PT Agri Andalas, PT Bio Nusantara Teknologi, and PT Pamor Ganda in Bengkulu Province. The analysis applies Rawl’s distributive justice, the social function of land rights, and law as social engineering. The findings show that Indonesia faces a legal gap between regulation and implementation, marked by administrative legality dominance, fragmented institutions, and procedural participation. Although justice mechanisms formally exist, unequal access limits the availability of substantive remedies. Comparative insights from the Netherlands, Canada, and Norway emphasise integrated governance, binding community consent, transparency, and restorative grievance systems. Strengthening community protection, therefore, requires shifting from administrative legality toward social legitimacy and distributive justice through institutional integration and stronger enforcement.
Co-Authors Abdul Kamil Razak Dinda Aprilia Elisabeth Sundari Gregorius Widiartana Maristel M. Dela Cruz Nusanto, Tri Suyud Tajudeen Sanni Theresia Anita Christiani Wafi, Muhammad Syafiq Yudi prayudi