AI Image Generation as a New Form of Crime from the Perspective of Indonesian Criminal Law

DOI

10.2991/978-2-38476-626-0_16How to use a DOI?

Keywords

AI image generation; deepfake; criminal liability; Indonesian criminal law; digital forensic evidence

Abstract

The rapid diffusion of generative artificial intelligence has enabled AI image generation tools to produce photorealistic synthetic images with minimal technical skill, giving rise to new patterns of misuse such as non-consensual sexualized imagery, visual disinformation, and identity-based fraud. This article examines AI image generation as an emerging form of crime within the framework of Indonesian criminal law. Using normative legal research with statutory, conceptual, and comparative approaches, this study analyzes secondary legal materials, including the Criminal Code, the amended Electronic Information and Transaction Law (Law No. 1 of 2024), and comparative regulatory frameworks from South Korea and the People’s Republic of China. The findings indicate that Indonesia’s existing criminal law framework, built on the assumption of a single, directly acting human perpetrator, is structurally inadequate to address the layered production chain of AI-generated content involving developers, platform providers, and end users. This mismatch produces a functional legal vacuum concerning attribution of criminal liability and digital forensic evidentiary standards. The study concludes that a sui generis regulatory approach combining explicit criminalization of AI-generated non-consensual imagery, tiered liability across the production chain, and strengthened digital forensic evidentiary mechanisms is necessary. These findings carry implications for future revision of Indonesia’s electronic information legislation and for the development of AI-specific criminal liability doctrine.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Nugraha Ardi Setiawan
AU  - Inka Dwi Lestari
AU  - Balqis Niswatul Hanifah
AU  - Naisya Ameli Sahara
PY  - 2026
DA  - 2026/10/29
TI  - AI Image Generation as a New Form of Crime from the Perspective of Indonesian Criminal Law
BT  - Proceedings of the 3rd International Conference on Citizenship Education and Democratic Issues (ICCEDI 2026)
PB  - Atlantis Press
SP  - 136
EP  - 145
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-626-0_16
DO  - 10.2991/978-2-38476-626-0_16
ID  - Setiawan2026
ER  -