Access to Justice for Deepfake Victims in Indonesia: A Normative Analysis of Privacy Rights Protection

Abstract

Deepfake technology poses growing threats to privacy and personal dignity in Indonesia, particularly through the creation and dissemination of non-consensual synthetic intimate imagery. This study examines the extent to which Indonesia’s legal framework facilitates or constrains access to justice for victims of such practices and identifies the normative, procedural, institutional, and sociocultural barriers to effective legal protection. Employing normative legal research with statutory and conceptual approaches, the study analyzes primary and secondary legal materials, institutional reports, and selected comparative legal sources. The analysis draws primarily on the Access to Justice framework, complemented by Satjipto Rahardjo’s Progressive Law theory to assess how existing legal provisions can be interpreted responsively to technological developments. The findings indicate that Indonesian law provides partial protection through the Electronic Information and Transactions Law, the Sexual Violence Crimes Law, the Personal Data Protection Law, the Pornography Law, and the new Criminal Code. However, these legal instruments remain fragmented and do not adequately address the specific challenges associated with the creation, identity misuse, and dissemination of synthetic intimate imagery. In particular, gaps in legal characterization, procedural mechanisms, digital evidence management, and institutional coordination may impede victims’ access to effective remedies. This study proposes a victim-centred interim framework encompassing prompt content removal, privacy restoration, accessible reporting mechanisms, reliable digital evidence preservation, and enhanced institutional capacity. These measures should be complemented by legislative reform that expressly addresses deepfake-related harms and clarifies the responsibilities of digital platforms. Comparative experiences from South Korea, the United Kingdom, and Australia are examined selectively to identify regulatory approaches that may be adapted to Indonesia’s legal and institutional context. The study contributes to the development of a more coherent and responsive legal framework for protecting deepfake victims and strengthening access to justice in Indonesia.

Keywords

• Access to Justice
• Deepfake Victims
• Progressive Law
• Right to Privacy
• Digital Sexual Violence