Tinjauan Yuridis Tindak Pidana Penipuan Melalui Rekayasa Kecerdasan Bauatan (Deepfake)

Abstract

The rapid advancement of artificial intelligence (AI) technology has given rise to a new mode of cybercrime: fraud based on deepfake technology. Deepfake technology utilizes deep learning techniques to manipulate or synthesize audiovisual data—such as faces and voices—producing highly realistic digital content. This crime has evolved into a sophisticated form of social engineering that exploits victim trust, resulting in material losses and a loss of control over digital identities. This phenomenon demonstrates that the criminal use of biometric data manipulation requires serious attention within the framework of national criminal law enforcement. This study employs a normative-juridical method, utilizing statutory and conceptual approaches to examine the Personal Data Protection (PDP) Law, the Electronic Information and Transactions (ITE) Law, and the National Criminal Code. The findings indicate that the unauthorized manipulation of voices or faces using deepfakes constitutes a form of creating or falsifying personal data, as regulated in Article 66 in conjunction with Article 68 of the PDP Law. This provision serves as lex specialis, complementing the general fraud provisions in the National Criminal Code and the regulations regarding the authenticity of electronic documents in the ITE Law. However, the formulation of Article 66 of the PDP Law remains broad and does not explicitly address artificial intelligence tools, potentially creating normative ambiguity and legal loopholes. Criminal liability is imposed fully on individual perpetrators when the elements of an unlawful act, capacity for liability, and intent (mens rea) are met. Criminal liability may also be imposed on a corporation if the crime is committed by, for, or on behalf of the business entity.