Pertanggungjawaban Pidana Pelaku Manipulasi Gambar, Suara Dan Vidio (Deepfake) Menurut Hukum Telematika Di Indonesia

Astuti, Nanin Koeswidi Pertanggungjawaban Pidana Pelaku Manipulasi Gambar, Suara Dan Vidio (Deepfake) Menurut Hukum Telematika Di Indonesia.

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Abstract

Abstract: Advances in digital technology have greatly facilitated the creation and distribution of multimedia content, yet they have also paved the way for the misuse of such technology through the manipulation of images, sound, and video, commonly known as deepfake. Deepfake is a product of artificial intelligence that generates content nearly indistinguishable from genuine recordings, posing significant risks when used for malicious purposes. This study examines the criminal liability of individuals who engage in deepfake manipulation under Indonesia’s telematics law, with a specific focus on the application of the Information and Electronic Transaction Law (ITE Law) and the criminal accountability theory proposed by PAF Lamintang. Employing a normative approach and qualitative analysis of relevant legal provisions and literature, the research reveals that telematics law offers a solid legal foundation to address violations arising from the misuse of deepfake technology. According to PAF Lamintang’s framework, establishing criminal liability requires the fulfillment of three criteria: the existence of fault, which can be either intentional (dolus) or negligent (culpa), the attainment of a sufficient age and mental capacity, and the absence of any exculpatory conditions. When a deepfake perpetrator is proven to have deliberately created and disseminated falsified content with the intent to harm, they are fully liable under the ITE Law and the Penal Code. Conversely, if negligence is involved, the extent of liability will correspond to the degree of carelessness displayed. Overall, the integration of telematics regulations with established theories of criminal responsibility provides an effective framework for mitigating the challenges posed by deepfake technology and safeguarding the integrity of digital information. Kata Kunci: Deepfake; Hukum Telematika; Criminal Liability; UU ITE

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