The recent arrest of a Bandung Institute of Technology (ITB) student for uploading an AI-generated image depicting two men kissing has sparked widespread attention online.
Some netizens interpreted the image as portraying the president and a former president, while many others, especially those unfamiliar with politics, had no idea who the figures were. This is precisely the nature of AI-generated content: it does not replicate real human faces exactly, unlike edited photographs using software like Photoshop or caricatures that are easily recognizable by those familiar with the subject.
The Indonesian National Police’s Criminal Investigation Unit charged the student under the Electronic Information and Transactions Law (UU ITE). Yet, the Constitutional Court (MK) had previously ruled to annul the interpretation of “defamation” within this law. In its considerations, the court stated that provisions under Article 27A of Law 1/2024 regarding defamation via electronic systems should be interpreted narrowly to prevent misuse.
When questioned, palace officials stated that President Prabowo Subianto had never ordered the student’s arrest. It becomes apparent who might actually benefit from this action.
Beyond legal aspects, this case reveals the state’s unpreparedness in facing the AI era and exposes a double standard that risks damaging the government's legitimacy.
The Moral Panic Argument: A Slippery Slope Toward Authoritarianism
Supporters of the arrest might argue that the post violated religious and cultural norms in Indonesia. However, if violations of norms are directly punishable by imprisonment, Indonesia risks shifting from a nation governed by law to a moralistic authoritarian state.
Social and cultural norms should be addressed through dialogue, education, or proportional warnings—not prison bars. In a democracy, not every act deemed “inappropriate” should be criminalized, especially when it involves satire, criticism, or expressions related to public officials.
The Government Champions AI While Failing to Manage Its Risks
The government has been aggressively promoting AI use among students and young people. However, when consequences arise that are not to its liking—such as satirical works or provocative images—the response becomes repressive.
This reveals that the government is neither ethically nor structurally prepared for the AI era.
If the government truly wishes to promote AI, it should:
- Develop fair and transparent AI regulations so citizens know clear boundaries and violations can be judged objectively.
- Conduct nationwide digital ethics education.
- Avoid using laws as tools of unilateral censorship.
The government should respond wisely and proportionally, such as by issuing public clarifications or engaging in dialogue, rather than resorting to criminalization.
In the United States, a leading country in AI development, technology does not automatically equate to repression of expression. There, arrests are reserved for the distribution of harmful deepfakes used for fraud, disinformation, or genuine threats of violence.
For instance:
- A fake announcement that “President Donald Trump has declared war” constitutes disinformation.
- An image depicting Trump with a gun aimed at his head accompanied by direct threats constitutes a “true threat.”
These scenarios lead to arrests because they cause fear or demonstrate a real intent to harm—not merely for controversial artistic or satirical content.
AI as an Experimental Space, Not Just a Public Showcase
In this generative technology era, online creators—especially youth—are free to experiment with AI across various forms: visuals, audio, and text.
Not all such experiments are uploaded online; many remain in personal galleries as part of testing or digital art creation. It is highly likely that countless similar memes are stored privately or circulated in closed communities without public knowledge.
If the state begins criminalizing AI-generated content simply for being controversial, it will foster fear and dangerous self-censorship, stifling creativity, free thought, and openness.
AI, as a tool, is morally neutral. It is humans who require digital ethics, not the threat of criminal punishment.
The state should craft policies that clearly differentiate between private spaces, public spaces, and creative expression spaces. Otherwise, expressions that should contribute to technological growth could be turned into criminal offenses through arbitrary interpretations of norms or power.
Online Scammers Thrive While Remaining Untouched
Ironically, online scammers who blatantly violate the UU ITE—particularly in electronic transactions—rarely face firm action, let alone arrests. These scams often result in victims losing money, personal data, and dignity.
Compare this to the student’s case: no direct victim, no material loss, and no malicious intent to harm—yet he is swiftly prosecuted. This clearly illustrates the unjust and selective application of the law.
UU ITE has increasingly been misused to silence criticism rather than to prevent or combat genuine electronic transaction crimes.
Double Standards: From “Prabowo Insulters” to Cabinet Seats
Even more ironic, several officials now within the power circle were once known for insulting Prabowo Subianto in the past, both verbally and on social media.
Names like “Tukang Sayur” (allegedly Hasan Nasbi) and Rudi Valinka (Rudi Susanto, now a special staff member at the Ministry of Communications and Digital) on Twitter (now X) have made harsh, insulting remarks against Prabowo Subianto publicly. Yet, they have never faced legal action and have even been rewarded with positions.
Even “fufufafa”—who has been confirmed beyond doubt to be Gibran Rakabuming Raka, now serving as Vice President—was even more aggressive in his Kaskus comments between 2014 and 2023. His posts ranged from insulting Prabowo Subianto and his family, mocking former President Susilo Bambang Yudhoyono, to openly expressing sexual interest toward a female celebrity.
Contrast this with a student who merely uploaded an AI-generated meme without the intention to spread false information or threaten violence—immediately criminalized.
Many ordinary Indonesians, when shown the AI-generated image, would not even recognize who the figures are. This is precisely how AI visualization works.
A Dangerous Precedent in the Eyes of the World
If this trend of criminalization continues, Indonesia risks being seen as a country that champions technology while repressing creativity; that promotes AI while oppressing its users; that creates laws but enforces them selectively.
Such precedents will damage Indonesia’s international reputation, particularly regarding digital democracy and freedom of creative expression.
Democracy Needs Ethics, Not Fear
Satirical works, however controversial, are part of the dynamics of modern society. AI is merely a tool; it is humans who need understanding. Thus, the state should act as a guide and protector—not as an executioner.
It is time for the government to establish AI regulations rooted in ethics and common sense, rather than in momentary political sensitivities.
If the government is not prepared for the risks of AI technology, it would be better to stop the empty talk about the “AI revolution” in schools and universities—talk that only breeds fear and kills the creativity of the younger generation.
Monday, 12 May 2025