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KESESUAIAN CRYPTOCURRENCY DENGAN PRINSIP-PRINSIP HUKUM EKONOMI SYARIAH: ANALISIS TERHADAP UNDANG-UNDANG JAMINAN FIDUSIA DAN FATWA DSN-MUI TENTANG UANG ELEKTRONIK
The use of cryptocurrency as an object of fiduciary security has become a central issue in contemporary legal discourse. Although crypto assets have been recognized as legitimate commodities in Indonesia under Bappebti Regulation No. 5 of 2019 and are utilized as collateral by several modern financial institutions, their status as fiduciary security objects remains contentious in terms of legality and compatibility with the principles of Sharia economic law. Based on Law No. 42 of 1999 concerning Fiduciary Security, fiduciary rights may be established over intangible movable assets, including digital assets such as cryptocurrency, provided they possess economic value and are transferable. However, from the perspective of Sharia economic law, the classification of cryptocurrency as electronic money raises discrepancies. This study aims to determine the legal conformity of cryptocurrency as an object of fiduciary security under Indonesian positive law and to assess its compliance with the concept of electronic money based on the DSN-MUI Fatwa on Electronic Money. This research is normative legal research using a juridical-normative and descriptive-analytical approach. Data were collected through a literature review of legislation, fatwas, legal doctrines, and scholarly opinions. The theoretical framework employed consists of the theory of fiduciary security and the concept of maslahah mursalah. The findings of this study indicate that although cryptocurrency qualifies as an intangible movable asset with economic value and transferability, it cannot be used as an object of fiduciary security under Indonesian law. This is because it fails to meet fundamental fiduciary principles such as the principle of specificity, principle of publicity, and legal certainty. Cryptocurrency is difficult to specify clearly in a notarial deed, cannot be registered with the Fiduciary Registration Office, and lacks formal legal proof of ownership. From the perspective of Islamic economic law, cryptocurrency is also not fully compatible due to elements of uncertainty (gharar) and high price volatility. While the 2021 Bahtsul Masail of PWNU DIY allows conditional use, the application of cryptocurrency as a fiduciary guarantee still requires comprehensive regulation and contemporary ijtihad to align with both Islamic legal principles and national legal standards.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
KESESUAIAN CRYPTOCURRENCY DENGAN PRINSIP-PRINSIP HUKUM EKONOMI SYARIAH: ANALISIS TERHADAP UNDANG-UNDANG JAMINAN FIDUSIA DAN FATWA DSN-MUI TENTANG UANG ELEKTRONIK (Text)
KESESUAIAN CRYPTOCURRENCY DENGAN PRINSIP-PRINSIP HUKUM EKONOMI SYARIAH: ANALISIS TERHADAP UNDANG-UNDANG JAMINAN FIDUSIA DAN FATWA DSN-MUI TENTANG UANG ELEKTRONIK (Other)
HTML Summary of #71975 KESESUAIAN CRYPTOCURRENCY DENGAN PRINSIP-PRINSIP HUKUM EKONOMI SYARIAH: ANALISIS TERHADAP UNDANG-UNDANG JAMINAN FIDUSIA DAN FATWA DSN-MUI TENTANG UANG ELEKTRONIK
297.273 Islam dan Ilmu Ekonomi, Perbankan Syariah, Lembaga Keuangan Syariah