Jurnal Daulat Hukum
Vol 9, No 3 (2026): September 2026

AI-Generated Deepfakes and Civil Liability Under Article 1365 of the Civil Code and Human Rights Protection

Yuliasara Isnaeni (Universitas Jayabaya, Indonesia)
Ricky Hendra Gutama (Universitas Jayabaya, Indonesia)



Article Info

Publish Date
03 Oct 2026

Abstract

The rapid advancement of Artificial Intelligence (AI) has facilitated the emergence of deepfake technology, which enables the creation of highly realistic manipulated audio, image, and video content. While deepfakes offer various beneficial applications, their misuse poses significant legal challenges, particularly regarding civil liability and the protection of fundamental rights. This study aims to analyze whether the creation and dissemination of AI-generated deepfake content fulfill the elements of an unlawful act under Article 1365 of the Indonesian Civil Code and to examine the evidentiary mechanisms applicable in civil litigation involving deepfakes. This research employs normative legal research using statutory, conceptual, and case approaches. The findings indicate that the unauthorized creation and distribution of deepfake content may satisfy all elements of an unlawful act, namely the existence of an act, unlawfulness, fault, damage, and a causal relationship between the act and the resulting harm. The study concludes that Article 1365 of the Indonesian Civil Code can be applied progressively to deepfake cases, although more comprehensive regulations are necessary to ensure effective legal protection and accountability in the era of artificial intelligence.

Copyrights © 2026






Journal Info

Abbrev

RH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focus and Scope The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...