REKONTRUKSI KONSEP KEKAYAAN DALAM HUKUM KEPERDATAAN: KAJIAN TERHADAP STATUS HUKUM ASET KRIPTO DI INDONESIA

Abstract

The rapid advancement of digital technology has given rise to new forms of wealth, most notably crypto assets such as Bitcoin and Ethereum. These intangible digital entities, created and stored through cryptographic processes on blockchain networks, are increasingly recognized in global economic and investment activities. However, Indonesia’s Civil Code (KUHPerdata), as a legacy of colonial law, lacks explicit legal recognition for crypto assets within its classification of property. This paper examines the legal status of crypto assets under Article 499 of the KUHPerdata, which defines property as tangible or intangible items subject to human control. Although crypto assets are intangible and cannot be physically sensed, they fulfill economic and legal characteristics of property: they can be owned, transferred, traded, and inherited. In light of this, the study proposes that crypto assets be categorized as intangible property within the framework of civil law. The urgency for legal reconstruction is highlighted, emphasizing the need to expand the legal definition of wealth to include digital assets. This includes harmonizing existing sectoral regulations such as BAPPEBTI’s recognition of crypto as commodities. Drawing comparative insights from German and English law, the paper advocates for progressive reinterpretation and codification within Indonesian civil law to ensure legal certainty and effective protection of digital ownership.