Greenation International Journal of Law and Social Sciences
Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September

Criminal Liability of Individuals and Third Parties in Crypto-Asset-Based Fraud Schemes: A Dormant Responsibility Perspective

Herwansi Tambunan (Universitas Borobudur, Jakarta, Indonesia)
Megawati Barthos (Universitas Borobudur, Jakarta, Indonesia)



Article Info

Publish Date
21 Nov 2025

Abstract

The rapid growth of crypto assets in Indonesia has opened up economic opportunities while simultaneously raising the risk of fraudulent activities, such as rug pulls, fake investment offers, and market manipulation, which are detrimental to the public. This study analyzes the criminal liability of individuals and third parties in crypto-based fraud, emphasizing the concept of dormant responsibility, which is criminal liability arising from the negligence or passivity of parties who should have prevented the crime. The method used is normative juridical with a conceptual and legislative approach, examining the Criminal Code, Law Number 1 of 2024 concerning ITE, Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, as well as regulations on the crypto asset sector under the supervision of the OJK through POJK Number 27 of 2024. The results of the study indicate that individual perpetrators can be held accountable based on the fraud provisions in the Criminal Code and Article 28 paragraph (1) of the ITE Law, while third parties, such as crypto exchanges, smart contract developers, and custodian service providers, are potentially liable if proven negligent in their supervisory obligations, KYC/AML, or prevention of suspicious transactions. The concept of Dormant Responsibility offers a new normative framework that places active and passive negligence as important elements to close legal loopholes, while balancing consumer protection with technological innovation. Research recommendations include strengthening preventive obligations on crypto service providers, harmonizing criminal regulations with digital financial regulations, and developing technical guidelines for proving crypto assets in court.

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Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...