SEXUAL DEEPFAKE CRIMES: A COMPARATIVE ANALYSIS OF INDONESIA'S AND SOUTH KOREA'S CRIMINAL LAW

This research examines the regulation of sexual deepfake crimes under Indonesian and South Korean law. In Indonesia, the analysis focuses on the ITE Law, the Personal Data Protection Law, the Pornography Law, and the Child Protection Law. In South Korea, the study examines the Act on Special Cases Concerning the Punishment of Sexual Crimes and its related amendments.

This research aims to compare the regulation of sexual deepfake crimes in Indonesia and South Korea, to assess South Korea’s legal framework as a comparative model, and to identify the legal gaps faced by Indonesia in providing effective protection for victims, particularly in light of the principle of legality, which requires criminal acts to be clearly regulated by law.

Using a normative legal research method with a comparative approach, this research studies relevant law and regulation within both jurisdictions and compares them.

The findings show that Indonesia’s legal framework addresses sexual deepfake crimes indirectly, primarily by regulating data misuse and the distribution of content that violates decency, rather than explicitly criminalizing the non-consensual creation of sexual deepfakes. This approach raises legal uncertainty under the principle of legality and limits effective criminal enforcement. In contrast, South Korea explicitly criminalizes sexual deepfake crimes, adopts consent-based protection, and provides clearer criminal elements.

This research argues that Indonesia should adopt a more explicit and comprehensive legal framework by criminalizing the non-consensual creation and distribution of sexual deepfake content and strengthening victim-centered protection to ensure legal certainty and responsiveness to technological developments.