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All Journal Jurnal Cakrawala Hukum
Rizki Tri Anugrah Bhakti
University of Riau Kepulauan
Law, Crime, Criminology & Criminal Justice

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Digital Assets Regulation in Inheritance Law Reviewed from a Civil Law Perspective Yudhi Patra; Rizki Tri Anugrah Bhakti; Dwi Afni Maileni; Agus Riyanto
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.16123

Abstract

Rapid advancements in science and technology, propelled by globalization, have fundamentally reshaped life, facilitating cross-border information dissemination and electronic transactions. This transformation presents significant challenges for civil law, particularly in the realm of digital asset inheritance. This article analyzes how Indonesian civil law, based on principles found in the KUHPerdat), navigates the complexities of abstract digital assets, their volatile economic value, and platform terms that limit heir access. Employing a descriptive-analytical normative juridical research method with a literature review, this study identifies existing legal gaps and issues stemming from the absence of specific regulations for digital assets as inheritance objects. While digital assets can be categorized as intangible movable property inheritable under civil law, their application in customary inheritance law requires further exploration of local wisdom. As solutions, this research recommends comprehensive legal regulatory updates for digital assets, increased public digital literacy regarding inheritance planning, and robust collaboration among the government, legal institutions, and digital service providers. These steps are crucial to protecting heirs' rights, ensuring legal certainty, and preventing the loss or misuse of digital assets in an increasingly digitized era. Keywords: Digital Assets, Inheritance Law, Civil Law.
Civil Liability for Losses Caused by Artificial Intelligence under Indonesian Civil Law Mashuri; Dwi Afni Maileni; Rizki Tri Anugrah Bhakti; Indra Sakti
Jurnal Cakrawala Hukum Vol. 17 No. 2 (2026): August 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i2.16124

Abstract

The rapid diffusion of Artificial Intelligence (AI) has outpaced the capacity of Indonesian civil law to allocate responsibility when AI-driven systems cause loss, leaving victims of deepfake fraud, algorithmic misconduct, and automated decision-making without a settled legal remedy. Existing scholarship has extensively debated whether AI may be recognised as a legal subject, yet has rarely translated that debate into a bounded, court-usable liability framework anchored in the Indonesian Civil Code (KUH Perdata) and tested against comparative risk-based regimes such as the European Union's Artificial Intelligence Act. This article addresses that gap by analysing, through a normative-juridical method with statutory and comparative-conceptual approaches, how civil liability for AI-caused losses should be constructed under Indonesian law. The findings show that AI remains an intangible object, not a legal subject, so liability is properly attributed to the creator, owner, or user of the AI system through the unlawful-act doctrine of Articles 1365 and 1367 of the KUH Perdata, applied together with the data-protection obligations of Government Regulation 71/2019. The article's novelty lies in integrating quantified domestic harm data with a three-track (developer-owner-user) liability model calibrated against the EU AI Act's risk tiers, from which it derives specific regulatory and adjudicative recommendations.
Co-Authors Agus Riyanto Dwi Afni Maileni Indra Sakti Mashuri Yudhi Patra