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All Journal LAW REFORM Indonesia Private Law Review
Kumar Jha, Gautam
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Law, Crime, Criminology & Criminal Justice

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LEGAL PROTECTION FOR NFT INVESTORS IN INDONESIA’S DIGITAL CREATIVE INDUSTRY: A TRANSFORMATIVE AND DEVELOPMENTAL LAW APPROACH Abidin, Muhammad Ilman; Ramli, Ahmad M.; Rafianti, Laina; Kumar Jha, Gautam
Indonesia Private Law Review Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i1.4130

Abstract

Investment in Non-Fungible Tokens (NFTs) is rapidly emerging in Indonesia, presenting both opportunities and challenges for the digital creative industry. As unique crypto assets, NFTs enable new ways to own and trade digital and physical goods, but current regulations, including the Commodity Futures Trading Law and Bappebti guidelines, do not fully address these transactions, creating legal gaps and increasing risks of fraud, money laundering, and market manipulation. Despite this, NFT communities like the Superlative Secret Society in Bali, supported by the Ministry of Creative Economy, have fostered creativity and economic activity. This study employs a normative juridical and comparative law approach to explore legal theories suitable for protecting NFT investments, finding that frameworks based on Ahmad M. Ramli’s transformative law and Mochtar Kusumaatmadja’s developmental law can ensure legal certainty, security, and fairness. The study concludes that comprehensive legal reforms are essential to safeguard investors and sustain the growth and international competitiveness of Indonesia’s digital creative industry.
From Recognition to Investment: Sustaining the Monibi Indigenous Community Waha, Caecilia Johanna Julietta; Kumar Jha, Gautam
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.72215

Abstract

The safeguarding of Economic, Social, and Cultural Rights (ESCR) for Indonesia's indigenous populations is essential but precarious, as exemplified by the Monibi people. Although recognized nationally as Intangible Cultural Heritage since 2016, the Monibi possess no regional legal status, resulting in a regulatory void. In the absence of prompt legal action, this extended uncertainty jeopardizes the physical and cultural existence of the community. This engenders significant tensions where customary territories intersect with National Park areas, limiting traditional access to vital resources. This research utilizes a socio-legal methodology to investigate the conflict between statutory conservation mandates and the socioeconomic conditions of the Monibi. The report advocates for a paradigm change towards a sustainable investment model as the principal means of rights enforcement. The findings indicate that a customized investment framework is critically required to address the impasse between governmental entities and traditional land users. This research presents an innovative legislative framework that employs equitable investment strategies to harmonize conservation objectives with the safeguarding of indigenous ESCR.
Co-Authors Ahmad M. Ramli Laina Rafianti Muhammad Ilman Abidin Waha, Caecilia J. J.