Konstruksi Yuridis Penipuan Melalui Manipulasi Konten Digital Berbasis Kecerdasan Artifisial Berdasarkan Kuhp Nasional

Abstract

The advancement of artificial intelligence has given rise to a new mode of fraud through synthetic digital content manipulation (deepfake) that surpasses the reach of conventional criminal norms. This study examines the juridical construction of fraud offenses based on artificial intelligence under Article 492 of Law Number 1 of 2023 on the National Penal Code, as well as its normative relationship with Article 35 jo. Article 51 paragraph (1) of Law Number 1 of 2024 on Electronic Information and Transactions. The research employs a normative legal method with statutory, conceptual, and comparative approaches. The findings indicate that the elements of tipu muslihat (deceptive contrivance), actus reus, mens rea in the form of dolus specialis, and causality under Article 492 of the National Penal Code can in principle encompass the deepfake modus operandi, yet without explicit provisions addressing artificial intelligence as a criminal medium. A cumulative-complementary application of the National Penal Code and the Electronic Information and Transactions Law represents the most appropriate construction; however, normative fragmentation and the absence of legislative synchronization generate legal uncertainty that demands comprehensive regulatory harmonization.