Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon
Vol 15 No 2 (2024)

CRYPTO ASSETS AS FIDUCIARY COLLATERAL

Cornelis, Vieta Imelda (Unknown)
Astutik, Sri (Unknown)
Indra , Silvester Novalino (Unknown)



Article Info

Publish Date
17 Aug 2024

Abstract

the legality of cryptoassets as collateral in debts and receivables in Indonesia. Cryptocurrencies, which continue to evolve as digital financial instruments, have posed new challenges to the traditional legal system. In the context of debt and credit, the legality of using crypto assets as collateral is questionable due to the absence of clear and specific regulations. This research uses a normative juridical approach by analysing existing laws and regulations and related literature. The results show that although crypto assets have not been explicitly regulated in Indonesian law, the potential for their use as collateral for debt and credit remains with certain conditions. To realise legal certainty, more specific regulations related to crypto assets are needed, including monitoring mechanisms and regulation of their use as collateral. This is important to protect the interests of creditors and debtors and maintain financial system stability.

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Journal Info

Abbrev

Responsif

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Responsif Law Journal is a method of interpretation that involves various important factors (not just reviewing the text of legal products) but also involves knowledge of historical background, culture, anthropology and psychology to bring back the nuances of a scientific text. Hermeneutics is also ...