DIALEKTIKA LABOR THEORY DAN VOLKSGEIST DALAM TRANSFORMASI HUKUM WARIS ASET DIGITAL: ANALISIS KOMPARATIF INDONESIA DAN KOREA SELATAN

Abstract

The transformation of assets from physical to digital forms creates new challenges in inheritance law, where regulatory gaps often result in high-value economic assets becoming "locked treasures". This research aims to analyze the urgency of reconstructing Article 499 of the Civil Code through Constitutional Court Decision No. 51/PUU-XXIII/2025 to provide legal certainty for heirs of digital assets. Utilizing a descriptive-analytical method with philosophical and comparative law approaches, this study examines digital property through the dialectics of John Locke's Labor Theory of Property and Friedrich Carl von Savigny's Volksgeist theory. The results indicate that digital assets are tangible manifestations of intellectual labor that naturally must be protected from value spoilage. A comparison with the South Korean Civil Act demonstrates a successful synchronization between virtual asset recognition and the automation of rights transfer through the Blanket Rights principle. This study suggests that the Constitutional Court provide a progressive constitutional interpretation of the definition of "objects" to include digital intangible assets to ensure distributive justice for citizens.