IMPLEMENTASI PENGGUNAAN CRYPTOCURRENCY DALAM PERSPEKTIF HUKUM PERDATA DAN HUKUM ISLAM GUNA MENCAPAI KEPASTIAN HUKUM PARA PIHAK DI INDONESIA

Abstract

The problem in this study is about the binding power of the use of The problem in this study is about the binding power of the use of cryptocurrencies in electronic business transactions as a medium for buying and selling transactions. In addition, the use of digital money used is different from the provisions of the policy on currencies recognized by law such as the rupiah currency. While money in Islam is the same as the currency stipulated in the policy in Indonesia, namely having value, being generally accepted, and having a certain type that has been determined. In addition, what is used as a legal tender is only recognized as an asset, not a legal currency in Indonesia. Cryptocurrency in electronic business transactions as a medium for buying and selling transactions. The research method used in this study is normative legal research with a statute approach. Then using a comparative approach to the policy of legitimate currency as a medium of transaction by conducting a study of the laws on civil law and Islamic law. Then described and analyzed from the data found and linked to the applicable laws and regulations to become a binding force. From the results of the study, it is known that there are differences between the provisions of the electronic transaction policy and currency laws and the provisions of the Civil Code and Islamic law. The differences that exist occur in business transactions using cryptocurrency as a currency in buying and selling transactions in the digital era using the internet network. Transactions using crypto in Islamic law do not have binding force because they still contain elements of gharar, dharar, and qimar according to the results of the 7th MUI Ulama Ijtima. Meanwhile, according to Civil Law Article 1320, crypto transactions have binding force because the terms of the agreement are met and are guided by Bappenti Regulation No. 5 of 2019. However, the use of cryptocurrency in business transactions in Indonesia can be null and void because the legalized currency is the Rupiah.