ARCHIVES
VOL. 8, ISSUE 1 (2026)
Criminal liability of perpetrators of digital fraud using artificial intelligence-based deepfake technology
Authors
Thessa Yudha Dewanta Putra, Hatarto Pakpahan, Leni Dwi Nurmala
Abstract
the development of artificial
intelligence-based deepfake technology has given rise to a new form of digital
fraud that is increasingly complex and difficult to detect. the ability of this
technology to manipulate identity through synthetic images, voices, and videos
that appear authentic poses serious challenges to the criminal justice system.
this study aims to analyze the indonesian positive law framework for addressing
deepfake-based digital fraud, assess the adequacy of existing concepts of
criminal liability, and compare this regulation with those adopted in several
other jurisdictions. this research employs a normative legal research method,
drawing on statutory, conceptual, case, and comparative approaches. the
findings indicate that, to date, indonesia has not enacted a specific,
comprehensive regulatory framework governing digital fraud involving deepfake
technology. law enforcement efforts continue to rely on general provisions
under law number 1 of 1946 concerning the criminal code, law number 1 of 2023
concerning the criminal code, and law number 1 of 2024 concerning the second
amendment to law number 11 of 2008 on electronic information and transactions,
all of which were not designed to address the complexity of artificial
intelligence–based digital identity manipulation. furthermore, the existing
model of criminal liability remains predominantly oriented toward individual
perpetrators as the sole subjects of criminal responsibility. accordingly, this
study underscores the urgency of reforming criminal law policy in a more
adaptive, preventive, and systemic manner in order to enhance legal certainty
and the effectiveness of law enforcement in combating deepfake-based digital
fraud.
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Pages:81-86
How to cite this article:
Thessa Yudha Dewanta Putra, Hatarto Pakpahan, Leni Dwi Nurmala "Criminal liability of perpetrators of digital fraud using artificial intelligence-based deepfake technology". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 81-86
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