PERTIMBANGAN HUKUM HAKIM TERHADAP PELAKU PENGGUNA MANIPULASI INFORMASI ELEKTRONIK (STUDI KASUS PUTUSAN NOMOR 124/Pid.B/2025/PN Gns)

Abstract

The development of Artificial Intelligence (AI) technology, particularly deepfake technology, has created new forms of cybercrime that pose challenges to criminal law enforcement. Deepfake technology allows the manipulation of photos, videos, and audio so that they appear authentic, thereby producing fabricated content that can potentially harm individuals and society. In Indonesian law, acts involving the manipulation of electronic information are regulated under Law Number 11 of 2024 concerning Electronic Information and Transactions (ITE Law). However, the use of deepfake technology as a means of committing crimes has not been explicitly regulated in the current legal framework. The research problems in this study are: 1) How are the judges’ legal considerations in deciding cases involving perpetrators of electronic information manipulation in Decision Number 124/Pid.B/2025/PN Gns, 2)  How is the application of criminal law in the case study of Decision Number 124/Pid.B/2025/PN Gns. This research employs a normative juridical method using primary, secondary, and tertiary legal materials collected through document study. The findings show that the judges applied Article 35 in conjunction with Article 51 of the ITE Law based on evidence, witness testimony, and the impact on the victim, although its application still raises issues related to the principle of legality.