Indonesia
proof for charges. However, many broad
provisions still remain, including Article 27(1)
regarding “content that violate propriety”,
Article 27A about criminal defamation,
Article 28(2) concerning “content that incites,
persuades or influences others” that “causes
feelings of hatred or hostility”. The revisions
also added Article 28(3), which imposes
criminal liability for intentionally spreading
content that a person “knew contained
false statements that cause public unrest98.”
In 2023, the government also announced
plans to regulate artificial intelligence (AI).
Circular Letter No. 9 of 2023 of the Minister
of Communications and Information
Technology on Ar tificial Intelligence
Ethics was issued on December 19, 2023.
It is a non-binding policy about AI ethics,
implementation of ethical values, and
responsibility in using and developing AI
technology 99. The policy is expected to
become a guideline for the government to
craft legally binding AI regulations100.
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99
100
101
102
103
104
The reason that AI has been in focus is due
to its extensive use in the campaign for the
2024 election that began in November 2023.
The technology has been used extensively
to create AI-generated videos, including
“deepfakes” being circulated on social media
platforms. Among the deepfake videos are
of Joko Widodo delivering a speech in
Mandarin101, Prabowo Subianto delivering
a speech in Arabic102, and the Golkar Party
video clip of the late dictator Soeharto asking
people to vote for the party’s candidates103.
There is also a deepfake video of Anies
Baswedan being scolded by his political
backer that went viral on social media104.
Compared to preceding years, there was
limited application of the Ministerial
Regulation No. 5 (MR5) of 2020. MR5 was
similar to other repressive laws which had
overbroad and vague provisions that could
be politically weaponized. The highlight of
the circular is about content moderation
through which the government can order
“Indonesia: Newly Revised ITE Law Threatens Freedom of Expression and Must Be Amended.”
International Commission of Jurists, 6 Dec. 2023, www.icj.org/indonesia-newly-revised-ite-law-threatensfreedom-of-expression-and-must-be-amended.
Hadi, Aditya. “Indonesia’s AI Guideline Toothless and Ineffective, Analysts Say.” Asia News Network,
28 Dec. 2023, asianews.network/indonesias-ai-guideline-toothless-and-ineffective-analysts-say.
“Govt to Prepare Special AI Regulation” Antara News, 22 Dec. 2023, en.antaranews.com/news/301644/
govt-to-prepare-special-ai-regulation.
“Doctored Video of Indonesian President Speaking in Mandarin.” AFP Fact Check, 2 Nov. 2023, factcheck.
afp.com/doc.afp.com.33Z42RT.
Galih, Bayu. “[HOAKS] Prabowo Subianto Berpidato Dalam Bahasa Arab.” KOMPAS.com, 9 Nov. 2023,
www.KOMPAS.com/cekfakta/read/2023/11/09/121000482/-hoaks-prabowo-subianto-berpidatodalam-bahasa-arab.
“Fake Suharto Video Fuels Debate on AI Use in Indonesian Election Campaign.” Benar News, 12 Jan. 2024,
w w w. b e n a r n e w s . o rg / e n g l i s h / n e w s / i n d o n e s i a n / s u h a r to - d e e p f a ke - u s e d - i n - e l e c t i o n - c a mpaign-01122024135217.html.
“Hoaks! Rekaman Suara Telepon Surya Paloh Marahi Anies Baswedan.” Antara, 23 Jan 2024, www.antaranews.
com/berita/3928362/hoaks-rekaman-suara-telepon-surya-paloh-marahi-anies-baswedan.
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