PERAN HUKUM PERDATA DALAM MENGATUR PERKEMBANGAN KRIPTO ASET DI INDONESIA

Abstract

Crypto assets have now become a global phenomenon, significantly influencing various aspects of life in society—not only in Indonesia but also in countries around the world. These assets are considered a form of intangible property, serving as an alternative form of digital and online investment with the aim of generating profits from changes in their value. For some people, crypto assets are also seen as a potential medium of exchange, functioning as a substitute for conventional currency. As a result, many individuals seek to take advantage of crypto asset trading to gain profit, especially since current prices are still considered relatively low, with the expectation of selling at a higher value in the future. In Indonesia, the regulation and supervision of crypto asset trading are currently based on civil law principles. However, there are challenges in the implementation of these legal provisions, particularly in ensuring legal certainty and protection for business actors and investors in the crypto asset sector. One of the main obstacles lies in the absence of specific regulations tailored to govern crypto asset trading. The existing legal framework primarily applies general civil law concepts, which may not be sufficient to address the unique characteristics and dynamics of digital asset transactions. Therefore, this journal aims to provide insights and recommendations for improving or developing specific regulations governing crypto asset trading within the framework of civil law, with a focus on digital and technological adaptation.