The rapid advancement of artificial intelligence (AI) has transformed digital communication. One of its most controversial innovations is deepfake technology, which refers to AI-generated images, audio, or video that convincingly mimic a person’s appearance or voice.

While deepfakes can be used creatively, such as recreating historical speeches for educational purposes, they also present serious risks. In Indonesia, deepfakes have been misused for pornographic content, fraud schemes, and defamation, sparking public concern and presenting new challenges for criminal law enforcement.

This article examines Indonesia’s legal framework, the criminal provisions applicable to deepfake-related offenses, and the government’s strategic response to cybercrime in the AI era.

Legal Classification of Deepfake Misuse in Indonesia

Indonesia has yet to enact a specific regulation mentioning the term “deepfake.” However, depending on the content and intent, perpetrators can be prosecuted under several existing laws, particularly the Electronic Information and Transactions Law (UU ITE) and the new Criminal Code (KUHP).

Deepfakes with Pornographic or Obscene Content

Article 27 paragraph 1 of Law No. 1/ 2024 on the Second Amendment to Law No. 11/2008 on UU ITE stipulate:

“Any Person who knowingly and without right distributes, transmits, or makes accessible Electronic Information and/or Electronic Documents with content that violates decency to be known to the public.”

If deepfake technology is used to create and share pornographic or obscene material, this provision serves as the primary legal basis for prosecution.

Defamation via Deepfakes

Article 27A UU ITE stipulates:

“Any Person who intentionally attacks the honor or reputation of another person by accusing them of something, with the intent that such matter becomes publicly known, in the form of Electronic Information and/or Electronic Documents, carried out through an Electronic System.”

This covers digital defamation, including cases where deepfakes depict individuals in false, humiliating, or criminal situations to damage their reputation. For example, a fabricated video showing a public figure committing a crime could satisfy the elements of this offense.

Fraud Using Deepfake Technology

Article 492 of Law No. 1/2023 on KUHP, which takes effect in January 2026, states:

“Any Person who, with the intent of unlawfully benefiting themselves or another person, by using a false name or false position, employing deceit, or a series of false statements, induces another person to deliver goods, provide loans, acknowledge debts, or discharge debts, shall be punished for fraud with imprisonment of up to four years or a fine of up to category V.”

Deepfakes can facilitate identity fraud by creating convincing fake representations. Examples include:

Fabricating videos of someone consenting to financial transactions
Impersonating influential figures to solicit money or goods

A notable case involved a deepfake video of President Prabowo Subianto offering fake government aid, complete with a phone number directing victims to transfer “administrative fees.”

Also read: Protecting Female Workers Against Sexual Violence

Criminal Penalties under UU ITE and KUHP

Under the UU ITE

- Article 45 paragraph 1: Up to 6 years’ imprisonment and/or a fine of Rp 1 billion for distributing obscene electronic information.
- Article 45 paragraph 4: Up to 2 years’ imprisonment and/or a fine of Rp 400 million for defamation.
- Misleading information causing material loss: Up to 6 years’ imprisonment and/or a fine of Rp 1 billion.

Under the KUHP

- Article 492 on fraud: Up to 4 years’ imprisonment or a fine of up to Rp 500 million (Category V).

Also read: New Correctional Law in Indonesia Issued

Government Strategy to Combat AI-Based Cybercrime

The Ministry of Communication and Digital Affairs continues to rely on the UU ITE and KUHP to prosecute deepfake-related offenses, as Indonesia does not yet have a dedicated AI ethics and usage law.

Brigadier General Alexander, the Ministry’s Director General of Digital Space Supervision, has emphasized that while AI-specific regulations are still under review, existing laws remain the primary enforcement tools.

To address future risks, the Ministry is preparing a national AI regulatory roadmap, scheduled for release in September, to outline strategies for risk mitigation, ethical guidelines, and deepfake control mechanisms. This roadmap reflects Indonesia’s commitment to aligning regulation with rapidly evolving technology.

Also read: Criminal Sanctions for Perpetrators of Domestic Violence

Addressing the Legal Grey Zone of AI and Deepfakes

Deepfake misuse highlights the tension between technological innovation and legal readiness. While current Indonesian laws, particularly the UU ITE and upcoming KUHP, provide mechanisms for prosecution, they were not designed with AI-generated media in mind.

For now, law enforcement, regulators, and policymakers must interpret existing provisions creatively while moving toward specialized legislation. This dual approach will be critical to protecting victims’ rights, preserving digital order, and ensuring that AI develops responsibly in Indonesia.***

Also read: Corporate Liability in Human Trafficking Cases Under Indonesian Law

Regulations:

Undang-Undang Nomor 1 Tahun 2024 tentang Perubahan Kedua Atas Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik (“UU ITE”).
Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana (“KUHP”).

References:

Mengenal Teknologi Deepfake, Berikut Manfaat dan Dampak Negatif yang dapat Ditimbulkan. Kompas.com. (Diakses pada 7 Agustus 2025 pukul 11.02 WIB).
Penipuan dengan AI Deepfake Wajah Prabowo, Warga Tertipu Tawaran Bantuan Pemerintah. Media Indonesia. (Diakses pada 7 Agustus 2025 pukul 11.31 WIB).
Kejahatan Siber Deepfake di Era Kecerdasan Buatan. Marinews Mahkamah Agung. (Diakses pada 7 Agustus 2025 pukul 12.58 WIB).
Kementerian Komdigi Andalkan UU ITE untuk Menangani Kasus Deepfake. Harian Jogja. (Diakses pada 7 Agustus 2025 pukul 13.17 WIB).
Komdigi akan Terbitkan 2 Aturan AI pada September, Ini Bocoran Isinya. Katadata. (Diakses pada 7 Agustus 2025 pukul 13.22 WIB).

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