Challenges for Criminal Law in Addressing Artificial Intelligence Based Crime in Indonesia

Abstract

The development of Artificial Intelligence (AI) has provided various benefits to society while also creating risks associated with the emergence of new forms of crime that exploit this technology. AI can be used as a means to commit fraud, identity theft, digital content manipulation through deepfakes, the dissemination of false information, personal data violations, and various other forms of cybercrime. These developments pose significant challenges to criminal law in Indonesia, particularly in determining criminal liability, establishing evidence, and enforcing the law against offenses committed through the use of AI. This study aims to analyze the regulation of criminal law in Indonesia in addressing AI-based crime and to identify the various challenges associated with its enforcement. This study employs normative legal research using a statutory approach and a conceptual approach. Legal materials were collected through a literature review and analyzed qualitatively. The findings indicate that Indonesia does not yet have specific and comprehensive regulations governing AI-based crime. Nevertheless, various provisions of the Indonesian Criminal Code, the Electronic Information and Transactions Law, and the Personal Data Protection Law can be applied depending on the nature of the offense and its consequences. The main challenges in law enforcement include difficulties in determining the responsible parties, establishing the elements of criminal intent and liability, collecting and establishing digital evidence, conducting digital forensics, limited law enforcement capacity, the cross-border nature of AI-related crimes, and the gap between technological developments and legal frameworks. Therefore, adaptive legal reform, enhanced law enforcement capacity, strengthened digital forensic infrastructure, and national and international cooperation are needed to effectively address the development of AI-based crime.