Awang Long Law Review
Vol. 7 No. 1 (2024): Awang Long Law Review

CRIMINAL RESPONSIBILITY OF PERPETRATORS WHO DISTRIBUTE DEEPFAKES CONTAINING PORNOGRAPHIC CONTENT FROM THE PERSPECTIVE OF INDONESIAN CRIMINAL LAW

Hana Krisnamurti (Faculty of Law, Universitas Langlangbuana, Bandung, Indonesia)



Article Info

Publish Date
30 Nov 2024

Abstract

Deepfake pornography uses artificial-intelligence-based manipulation to create synthetic sexual images or videos that may portray an identifiable person without that person ever participating in the depicted conduct. This working framework examines the criminal liability of persons who disseminate such content under Indonesian criminal law. The proposed research design is normative legal research using statutory, conceptual, and analytical approaches. The core argument to be developed is that Indonesia does not yet rely on a single deepfake-specific offence; liability must instead be constructed through the interaction of the Electronic Information and Transactions Law, the Sexual Violence Crime Law, the Personal Data Protection Law, the Pornography Law, and the National Criminal Code, which has been effective since 2 January 2026. The key legal issues are the elements of intentional electronic dissemination, the absence of right or consent, the sexual or pornographic nature of the material, the use of a victim’s biometric or identity data, and the rules governing overlapping offences. The final manuscript should test these propositions against the latest statutory text, judicial practice, and victim-centred scholarship before drawing a definitive conclusion.

Copyrights © 2024






Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...