Al-Imam : Journal on Islamic Studies, Civilization And Learning Societies
Vol 7 No 2 (2026)

Eksploitasi Wajah Publik Figur oleh Platform AI sebagai Bentuk Unjust Enrichment: Telaah Yuridis dalam Sistem Hukum Indonesia

Fikrul Ma’arif Ma’ruf (UIN Sunan Kalijaga)
Najmah Jaman (STAI Al-Ghazali Bulukumba)
Amar Ma’ruf Mustari (STAI Al-Ghazali Bulukumba)



Article Info

Publish Date
15 Sep 2026

Abstract

The commodification of public figures' faces within generative AI ecosystems raises a question Indonesian law has yet to answer: who holds entitlement to the economic value extracted from a person's likeness when platforms replicate and monetize it without meaningful consent. That gap frames an inquiry into the legal status of a public figure's face as an economic asset, whether AI platforms' use of it amounts to unjust enrichment, and how accountability should attach to the platforms involved. Through normative legal research grounded in the Copyright Law, the Electronic Information and Transactions Law, the Personal Data Protection Law, and Article 1365 of the Civil Code, the analysis asks how far systematic and teleological interpretation can reach an exploitation unfolding algorithmically rather than through conventional appropriation. A public figure's face, the study finds, has shifted from a marker of identity into an intangible asset sustaining platform valuation, while existing legal regimes remain fragmented rather than complementary: copyright refuses to treat a face as a protectable work, and data protection law leans toward privacy rather than economic interest. That misalignment lets the four elements of unjust enrichment, enrichment, loss, causation, and absence of legal basis, be satisfied, and opens the possibility of qualifying the conduct as unlawful under Article 1365. The study proposes a layered accountability model of profit restitution, compensation, dataset transparency, and explicit consent, its novelty lying in positioning unjust enrichment as a distributive-justice framework for generative AI's exploitation of identity, a terrain Indonesian legal scholarship has scarcely addressed.

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Journal Info

Abbrev

imam

Publisher

Subject

Religion Humanities Education Social Sciences Other

Description

Multidisciplinary journal on Islamic Studies, Civilization and Learning Societies. This journal is a 2nd generation publication published by IDRIS Darulfunun Institute (published before under the same name in the 1920s). The ultimate objective of this journal is to disseminate knowledge in Islamic ...