Comparative Analysis of Criminal Law Regulations Towards the Phenomenon of Deepfake Pornography

Abstract

The rapid development of artificial intelligence (AI) over the past decade has introduced new challenges in criminal law, particularly the phenomenon of deepfake pornography which poses serious threats to victims’ privacy, reputation, and personal integrity. This study employs a normative juridical approach using the statute approach, conceptual approach, and comparative approach to analyze Indonesian regulations and compare them with the United States. Data were collected through library research including legislation, government policies, academic articles, and relevant court decisions. Findings reveal that Indonesian regulations such as Law Number 1 of 2024 on Electronic Information and Transactions, Law Number 44 of 2008 on Pornography, Law Number 27 of 2022 on Personal Data Protection, and the new Criminal Code Law Number 1 of 2023, do not explicitly regulate AI-based synthetic media, creating normative gaps and legal uncertainty that worsen victims’ positions. In contrast, the United States has introduced policies such as the TAKE IT DOWN Act requiring the removal of non-consensual intimate content within a specific timeframe. Victim protection principles and the right to be forgotten applied in the US may serve as valuable inspiration for Indonesia to strengthen its legal framework. This study emphasizes the urgent need for criminal law reform through amendments to the Pornography Law, the ITE Law, or the establishment of a specific law on AI-generated pornography to ensure more effective, fair, and adaptive legal protection for victims in the digital era.