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All Journal El-Mujtama: Jurnal Pengabdian Masyarakat El-Mujtama: Jurnal Pengabdian Masyarakat
Sitorus, Andreansyah
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Religion Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences Other

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Kepastian Hukum Aset Kripto sebagai Instrumen Investasi dalam Persfektif hukum islam dan Hukum Positif  Siregar, Emiel Salim; Manurung, Widya; Gunawan, Rudi; Dzulkhairil, Muhammad; Siagian, Ramadhan; Ardiansyah, Muhammad; Lubis, Rusdi; Sitorus, Andreansyah
El-Mujtama: Jurnal Pengabdian Masyarakat Vol 4 No 1 (2024): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmujtama.v4i1.3249

Abstract

Cryptocurrency is a virtual currency that has no physical or concrete form and exists in cyberspace. One of several types of crypto money is Crypto Asset. The use of Crypto Assets as a means of payment in online buying and selling transactions has recently become increasingly widespread, even though the government has banned this practice. At the beginning of 2019, the Indonesian government has issued regulations regarding the legalization of Crypto Assets (crypto assets) in Commodity Futures Trading. The dual function of Crypto Asset as a commodity and online transaction exchange tool raises pros and cons among scholars and economists. This study aims to obtain answers regarding cryptocurrencies as a commodity in Indonesia and what are the opportunities for Crypto Assets as subjects in Islamic commodities on the Commodity Exchange. The theory applied is the theory of legal and vanity business transactions in Islam. This research is a literature study and is qualitative in nature. The data analysis technique used is analytical descriptive with a normative juridical Islamic law approach. From this research, the results show that cryptocurrencies can be traded on Islamic commodity exchanges on condition that the state protects this trade under a legal umbrella and issues cryptocurrencies where the price is determined by gold or the country's currency. Crypto Assets cannot be used as commodities in Sharia Derivative Contracts in Indonesia, because Crypto Assets still contain speculation, maysir and are prone to be used for illegal activities. Crypto assets are legally h}aram lighairihi or illegal due to external factors, so they should be avoided. Keywords: Legal Certainty, Crypto Assets, Investment in Islamic Law and Positive Law
Kepastian Hukum Aset Kripto sebagai Instrumen Investasi dalam Persfektif Hukum Islam dan Hukum Positif Siregar, Emiel Salim; Manurung, Widya; Gunawan, Rudi; Dzulkhairil, Muhammad; Siagian, Ramadhan; Ardiansyah, Muhammad; Lubis, Rusdi; Sitorus, Andreansyah
El-Mujtama: Jurnal Pengabdian Masyarakat  Vol. 4 No. 1 (2024): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmujtama.v4i1.413

Abstract

Cryptocurrency is a virtual currency without physical form or concrete existence in the virtual world. One of them is Crypto Assets, which are becoming increasingly popular as a means of online payment, even though the government has banned it. In early 2019, the Indonesian government issued regulations legalizing Crypto Assets in Commodity Futures Trading. The use of Crypto Assets as commodities and exchange tools in online transactions has sparked pros and cons among religious scholars and economic experts. This study aims to determine the status of cryptocurrency as a commodity in Indonesia and the opportunities for Crypto Assets as subjects in Sharia commodities on the Commodity Exchange. The theory used is the theory of valid and invalid business transactions in Islam. This research is a literature study and qualitative in nature. The data analysis technique used is analytical descriptive with a normative juridical Islamic law approach. The research found that cryptocurrency can be traded in Sharia commodity exchanges with the condition that the country must protect the trade with legal umbrella and issue cryptocurrency with its value based on gold or the country's currency. Crypto Assets cannot be used as commodities in Sharia Derivative Contracts in Indonesia because they still contain speculation, maysir, and are vulnerable to being used for illegal activities. Therefore, Crypto Assets are haram due to external factors, so it is best to avoid them.
Co-Authors Dzulkhairil, Muhammad Emiel Salim Siregar Lubis, Rusdi Manurung, Widya Muhammad Ardiansyah Rudi Gunawan Siagian, Ramadhan