Jurnal Wawasan Yuridika
Vol 8 No 2 (2024): 2024

Legal Reform for Investor Protection in Indonesian Crypto Markets: A Comparative Analysis With The MiCA Framework

Rahman, Yogi Muhammad (Unknown)
Jastisia, Mentari (Unknown)
Barora, Siti (Unknown)
Mega Jaya, Belardo Prasetya (Unknown)
Anditya, Ariesta Wibisono (Unknown)



Article Info

Publish Date
28 Sep 2024

Abstract

This article examines the urgency of legal reform to enhance investor protection in Indonesia’s crypto asset market, emphasizing the regulatory uncertainty that obscures legal liability in cases of system failure, unilateral platform closure, or investor losses. This research adopts descriptive research specifications, using normative juridical research, using two methods of statutory and comparative approaches. Data collection is done through literature review and then analyzed through qualitative method. The findings reveal that Indonesia’s legal system still relies heavily on individual civil claims based on Article 1365 of the Civil Code, without anticipatory legal instruments. Drawing from MiCA’s best practices, this article highlights the need for prescriptive, risk-based, and investor-oriented legal principles to build a fair and legally certain digital ecosystem.

Copyrights © 2024






Journal Info

Abbrev

jwy

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Wawasan Yuridika (JWY) is a peer-reviewed journal published by Sekolah Tinggi Hukum Bandung. Jurnal Wawasan Yuridika (JWY) is a Journal published biannually in March and September. This journal provides immediate open access to its content on the principle that making research freely ...