El-Mujtama: Jurnal Pengabdian Masyarakat
Vol. 4 No. 1 (2024): El-Mujtama: Jurnal Pengabdian Masyarakat

Kepastian Hukum Aset Kripto sebagai Instrumen Investasi dalam Persfektif Hukum Islam dan Hukum Positif

Siregar, Emiel Salim (Unknown)
Manurung, Widya (Unknown)
Gunawan, Rudi (Unknown)
Dzulkhairil, Muhammad (Unknown)
Siagian, Ramadhan (Unknown)
Ardiansyah, Muhammad (Unknown)
Lubis, Rusdi (Unknown)
Sitorus, Andreansyah (Unknown)



Article Info

Publish Date
13 Jan 2024

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.

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Journal Info

Abbrev

elmujtama

Publisher

Subject

Religion Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences

Description

El-Mujtama: Jurnal Pengabdian Masyarakat is a scientific journal about community service programs and activities as part of the implementation of the Tri Dharma of Higher Education. This journal is published three times a year every January, May and September, managed by Lembaga Publikasi Ilmiah ...