BEYOND CRIMINALISATION: DIGITAL VICTIMISATION AND VICTIM PROTECTION AGAINST AI DEEPFAKES IN INDONESIA

Abstract

Artificial intelligence (AI) deepfakes enable the convincing imitation of an individual’s image or voice, creating risks that extend beyond the identification and punishment of offenders. This article examines how Indonesian law responds to digital victimisation and whether its remedies address reputational, psychological and social harm. Using normative legal research and a focused interdisciplinary literature review, it analyses the Electronic Information and Transactions Law, Personal Data Protection Law, Sexual Violence Crimes Law, the Criminal Code and criminal procedure reforms, including the 2026 Witness and Victim Protection Law. The analysis identifies three interconnected problems: harm may arise before distribution; protection depends on fitting conduct within fragmented offences; and criminal proceedings alone do not ensure rapid content containment or sustained recovery. It proposes a victim-centred response linking accessible reporting, lawful evidence preservation, timely platform action, risk-sensitive support and restitution where legal conditions are met. Rather than claiming an absence of relevant laws, the article argues that coordination and remedies should reflect the continuous nature of technology-facilitated harm. This framework offers a policy-oriented contribution to debates on digital victimology and access to justice in Indonesia.