Iza Fadri
Sekolah Tinggi Ilmu Kepolisian, Indonesia

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Legal Protection for Crypto Asset Investors in Indonesia Within an Incomprehensive Regulatory Framework and its Implications for Legal Certainty Hendricka R A Bahtera; Joko Setiono; Iza Fadri
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.433

Abstract

The development of blockchain technology has given rise to crypto assets as a new investment instrument that has attracted the attention of the Indonesian public in recent years. However, the rapid growth of crypto investments has not been accompanied by a comprehensive regulatory framework, creating vulnerabilities to various legal, economic, and technical risks that could harm investors. This study aims to analyze the form of legal protection for crypto asset investors in Indonesia within the context of a still-limited regulatory framework, as well as to examine its implications for legal certainty in the digital asset sector. The research method used is a normative juridical approach, with secondary data sources in the form of laws and regulations, legal literature, and international comparisons. The analysis shows that legal protection for investors remains administrative and partial, as reflected in regulations such as Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector (PPSK Law), Bappebti Regulation No. 8 of 2021, and Government Regulation No. 5 of 2021. The absence of specific dispute resolution mechanisms, fund return guarantees, and protection against market manipulation exacerbates the legal uncertainty faced by investors. Comparative studies with other countries such as Singapore, Japan, and the European Union highlight the importance of establishing an integrated regulatory framework that emphasizes consumer protection and strong oversight. This study recommends the drafting of a specific law on digital assets, expansion of the Financial Services Authority (OJK)’s authority, as well as the creation of dispute resolution mechanisms and investment insurance schemes to enhance legal certainty and public trust in the crypto asset sector.
Asset Recovery Mechanisms in Transnational Corruption Cases: Legal Frameworks and International Cooperation Challenges Feabo Adigo Mayora Pranata; Joko Setiono; Iza Fadri
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.442

Abstract

Asset recovery in transnational corruption cases has become an important issue in efforts to eradicate corruption crimes with cross-border impacts. The phenomenon of corruption, which is complex and organized in nature, often involves the concealment of assets in various jurisdictions, thus requiring a comprehensive legal mechanism and effective international cooperation. This research aims to analyze the legal framework for asset recovery both in Indonesia's national law and in the context of international instruments, as well as to evaluate the main challenges faced in its implementation. The approach method used is normative juridical by reviewing the latest legislation, such as Law Number 1 of 2023 on the Criminal Code, the Anti-Corruption Law, the Anti-Money Laundering Law, as well as international instruments such as the United Nations Convention against Corruption (UNCAC) and the recommendations of the Financial Action Task Force (FATF). The discussion covers the stages of asset recovery from identification, tracing, freezing, seizure, to the return of assets. It also discusses the role of related institutions such as the Corruption Eradication Commission (KPK), the Financial Transaction Reports and Analysis Center (PPATK), the Attorney General’s Office, the Police, and the Asset Recovery Center (PPA). The main obstacles identified include differences in legal systems between countries, slow mutual legal assistance procedures, lack of political will, and issues of transparency in the management of recovered assets. This research emphasizes that synergy between countries, legal harmonization, and strengthening of institutional accountability are the keys to the success of cross-border corruption asset recovery.