TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM TERHADAP ASET KRIPTO YANG DIJADIKAN OBJEK JAMINAN DI INDONESIA

Irfan Juprianto, NIM.: 15380083 (2022) TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM TERHADAP ASET KRIPTO YANG DIJADIKAN OBJEK JAMINAN DI INDONESIA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The development of technology brought about enormous changes. Humans use it not only limited to silaturrahami media, but also to use it as a business opportunity. One of the businesses that depends all its assets on electronic media is the bitcoin industry. Bitcoin is decentralized and can be sent from user to user, over a network without intermediaries or third parties. The rampant use of bitcoin or crypto assets in Indonesia must be the government looking at the benefits and benefits as a whole, including looking for sharia law that is relevant to crypto assets. This research raises two questions, namely: how is the positive legal review of crypto assets as collateral objects in Indonesia, and how is the Islamic law review of crypto assets as collateral objects in Indonesia? The question aims to find out the positive legal review of crypto assets as collateral objects in Indonesia, and to know the Islamic law review of crypto assets as collateral objects in Indonesia. This type of research is library research which is descriptive analytical. The data collection method is carried out by means of a systematic literature study, while the data analysis method in this study uses an analytical descriptive method. The results showed that crypto assets as digital assets are included in the category of intangible and movable objects as regulated in the Civil Code. This is also supported by the Regulation of the Commodity Futures Trading Supervisory Agency (Bappebti) which regulates the criteria and types of crypto assets that can be traded on the Physical Market of Crypto Assets. Crypto assets if used as objects of guarantee according to the Civil Code are legally valid in Indonesia even though their existence cannot be touched by human senses. Institutions for the receipt of crypto assets that allow as per the regulations as collateral are liens and fiduciaries. Whereas in Islamic law, crypto assets can have elements of Gharar and Maysir which are prohibited in Sharia. But on the other hand, crypto assets as objects that are intangible and have value can also be used as commodities or assets according to the function or role of collateral in them.

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