Analisis Hukum Perdata Indonesia terhadap Perlindungan Hak Cipta dan Hak Potret dalam Fenomena Deepfake Berbasis Kecerdasan Buatan

Abstract

Protection of copyright and portrait rights in the context of the artificial intelligence-based deepfake phenomenon in Indonesia. The development of deepfake technology capable of producing hyper-realistic digital content by manipulating the faces and voices of individuals poses serious challenges to intellectual property rights and personality rights. Within the framework of Indonesian civil law, this study examines the strengths and weaknesses of existing legal provisions, including copyright-related articles in the Civil Code and Copyright Law, as well as the protection of portrait rights recognized as part of personality rights (Article 28D of the 1945 Constitution and Civil Code). The analysis is conducted juridically-normatively to evaluate how these provisions are able to tackle various forms of deepfake abuse, such as defamation, identity theft, and copyright infringement of digital works. In addition, this research highlights the role of technology in strengthening the identification and enforcement of intellectual property rights violations implied through deepfakes. The results show that current regulations have not been able to fully anticipate the complexity and sophistication of artificial intelligence technology, so efforts are needed to develop specific regulations and law enforcement mechanisms that are adaptive and innovative. Thus, this study suggests the need for harmonization between technological developments and the existing legal framework to ensure effective protection of individual rights and creators in the rapidly evolving digital era.