Kriminalisasi Perilaku "Deepfake Pornography" sebagai Bentuk Kekerasan Berbasis Gender Online (KBGO) dalam Hubungan Pernikahan

Abstract

This research examines the urgent need for the criminalization of non-consensual deepfake pornography within the context of marriage in Indonesia. As Artificial Intelligence (AI) evolves, deepfake technology has emerged as a new instrument of Online Gender-Based Violence (OGBV), used by perpetrators for coercive control and digital intimidation against their spouses. Despite the existence of the ITE Law and the Pornography Law, a significant legal gap remains, as current regulations primarily focus on the distribution of content rather than its creation or possession for private harassment. Utilizing a normative legal research method with a conceptual and statute approach, this study analyzes the intersection between digital identity sovereignty and domestic privacy. The findings reveal that deepfake pornography in marriage constitutes a severe violation of bodily integrity and digital privacy, equivalent to psychological and sexual abuse. The analysis argues that the creation of such manipulative content should be categorized as a standalone criminal offense under the Sexual Violence Crimes Law (UU TPKS). This study concludes that specific criminalization is essential to prevent technology from being used to perpetuate patriarchal violence, ensuring that the legal system provides comprehensive protection for digital rights and human dignity within the marital institution.