Raharningtyas Marditia, Putri Purbasari
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MODEL PENGATURAN PENGAMPUAN PARSIAL UNTUK LANJUT USIA SEBAGAI JAMINAN PERLINDUNGAN HUKUM DI INDONESIA Raharningtyas Marditia, Putri Purbasari
Jurnal Paradigma Hukum Pembangunan Vol. 8 No. 1 (2023): JURNAL PARADIGMA HUKUM PEMBANGUNAN - FEBRUARI 2023
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v8i1.4315

Abstract

The background for writing this article was based on the publication on September 14, 2021, of Presidential Regulation Number 88 of 2021 concerning Old Age. The presidential regulation explains that to realize independent, prosperous, and dignified elderly people, cross-sectoral coordination is needed between the Central Government, Regional Governments, and all stakeholders. Based on this situation, the author through this paper offers the idea of legal protection that can support the capacity building of the elderly by continuing to pay attention to the guarantee of its implementation as a legal subject that has Subjective Rights and Objective Rights. So based on this, the author offers the concept of a Partial Supporting Regulatory Model for Seniors as a Guarantee of Legal Protection. The method used is normative legal research. This research was conducted using a library-based approach that focuses on reading and examining primary and secondary legal sources, through the statutory approach. The result of this paper is a Recommendation Model for Setting Partial Support for the Elderly as a Guarantee of Legal Protection, this partial coverage for the elderly aims to provide this system will provide legal protection that is far more measurable because a person who is given amnesty is still given the freedom to decide for himself what is to be his will with the help of the beneficiary. These recommendations will be included in the regulatory model.
Pengembangan Model Regulasi untuk Pewarisan Digital Aset Kripto: Perspektif Hukum Indonesia: Developing a Regulatory Model for Digital Inheritance of Cryptocurrency Assets: the Indonesian Legal Perspective Raharningtyas Marditia, Putri Purbasari; Nazhif Kuncoro , Rafi Radithya
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.437

Abstract

The rapid development of digital technology has introduced new forms of wealth, with cryptocurrencies being a prominent example. In Indonesia, these assets have gained significant popularity as investment instruments, but their intangible nature and reliance on private keys for ownership pose serious legal challenges in the realm of inheritance. The research aims to analyze the legal position of cryptocurrencies as inheritable objects and to formulate a viable inheritance mechanism that ensures legal certainty for heirs. This research uses normative legal methods by analyzing relevant statutory law, legal doctrine, and comparative perspectives of the legal system in the Netherlands and the United States. The findings show that cryptocurrencies meet the criteria to be classified as movable and intangible objects, in accordance with Articles 503 and 504 of the Civil Code. Nevertheless, a significant gap was identified between the legal rights of heirs (de jure) and their practical ability to access assets (de facto), due to the lack of uniform technical regulations. Therefore, the research concludes that two strategic steps are needed: the issuance of national technical guidelines to standardize inheritance claims procedures and the development of a "Digital Executor" mechanism, which is officially empowered to manage the digital assets of the deceased.