REGULATING ARTIFICIAL INTELLIGENCE AS A PERPETRATOR OF DEEPFAKE CRIMES IN INDONESIA

Abstract

Artificial intelligence and Deepfake are the fruits of technological development which can make deepfake a deadly and threatening weapon. The purpose of this study is to determine the regulation of artificial intelligence as a deepfake criminal in Indonesia.The research method used is normative legal research using a statutory approach, conceptual approach, and comparative approach. Artificial Intelligence as a perpetrator based on Indonesian positive law has not been specifically regulated until now only recognized as an object of law not a subject of law.  The use of artificial intelligence in deepfake technology is often used to commit crimes such as spreading hoaxes, fraud, defamation, pornography, and manipulation of facts or circumstances. These crimes may violate the provisions of the Criminal Code, Law No.19 of 2016 on Electronic Information and Transactions and Law No.44 of 2008 on Pornography. In California, legislation has been passed to address deepfake crimes but only focuses on preventing nonconsensual sexual activity and relates to the election of candidates for office. Artificial Intelligence is only classified as an electronic system and electronic agent which in its implementation is organized by humans so that if a criminal offense is committed, the electronic system organizer will act as a legal subject to be responsible.