Imagining Future Protection from the Pit: The Fate of Victims of Deepfake Porn in Indonesia- Cessante Ratione Legis, Cessat IPSA Lex

Abstract

The research aims to analyze, identify, and elaborate on the concept of legal liability and legal protection for victims of deepfake pornography generated by Artificial Intelligence (AI) in Indonesia. It also conducts a comparative analysis with the European Union's regulation through the AI Act. Employing a normative methodology with a systematic and comparative legal approach, the research highlights the significant impact of AI development on digital crimes, particularly deepfake pornography, which manipulates victims' images or voices to produce false content without consent. In Indonesia, legal liability for creators and distributors is only partially addressed through laws such as the Electronic Information and Transactions Law (ITE Law), the Pornography Law, the Personal Data Protection Law (PDP Law), and the Sexual Violence Law. However, legal protections for victims are generally broad and lack preventive measures, especially against AI-generated manipulative content. Conversely, the European Union's AI Act provides comprehensive regulation of AI systems, including prohibitions on manipulation, risk assessment, content transparency, and a clear definition of deepfake. Consequently, there is a need for a systematic update of national laws to incorporate both repressive and preventive measures, thereby enhancing legal protections for victims of AI-related crimes such as deepfake pornography.