Jurnal Ius Constituendum
Vol. 11 No. 2 (2026): JUNE

Bridging Legal Gaps in AI-Generated Deepfake Pornography: A Comparative Approach to Privacy and Digital Ethics

Gefy Caesarati Zumarno (Universitas Islam Syekh-Yusuf)
Sri Jaya Lesmana (Universitas Islam Syekh-Yusuf)
Ratna Indayatun (Universitas Islam Syekh-Yusuf)



Article Info

Publish Date
28 Feb 2026

Abstract

This study aims to examine the legal gaps in regulating AI-generated deepfake pornography and to develop a comparative regulatory model to strengthen privacy protection and digital ethics in Indonesia. The rapid advancement of artificial intelligence has facilitated the creation and dissemination of non-consensual synthetic pornographic content, posing serious threats to individual privacy, dignity, and psychological well-being, while existing Indonesian laws remain fragmented and inadequate. This research employs normative legal research using statutory, conceptual, and comparative approaches, focusing on Indonesian regulations and comparative frameworks from California and South Korea. The findings reveal that current Indonesian legal instruments, including the Electronic Information and Transactions Law, the Pornography Law, and the Personal Data Protection Law, do not explicitly regulate deepfake pornography, resulting in legal uncertainty, enforcement challenges, and insufficient victim protection. In contrast, comparative jurisdictions provide clearer definitions, consent-based standards, and comprehensive victim remedies. This study proposes a regulatory reform model based on lex specialis principles, digital ethics, victim-centered protection, and adaptive legal governance to address AI-based digital crimes. The originality of this research lies in its integrative comparative framework that connects criminal law, personal data protection, and digital ethics to formulate a comprehensive and future-oriented legal response. These findings contribute to the development of responsive legal policies and provide a normative foundation for regulating synthetic media to safeguard digital privacy and human dignity in the artificial intelligence era.

Copyrights © 2026






Journal Info

Abbrev

jic

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal Ius Constituendum a scientific journal that includes research, court decisions and assessment/comprehensive legal discourse both by researchers and society in general to emphasize the results in an effort to formulate new rules of the new in the field of the legal studies in accordance with ...