Legal Problems of Digital Assets Through a Legislative Approach
Herman Fikri, Rizki Fitri Amalia

Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Abstract

Investment in the 5.0 era has developed, including the emergence of new investment instruments, namely cryptocurrency, NFT (Non-Fungible Token), and metaverse. This new investment instrument has begun to be in demand by world investors, including Indonesian investors. Behind the optimism for investment progress in the 5.0 era, there are legal problems that arise. Currently, Indonesian laws and regulations only regulate cryptocurrency market activities as commodity assets, while NFTs and the metaverse are not included in it. One of the problems that occurs is the existence of different thoughts or concepts betweentr the government and the public in interpreting the essence of the three digital assets. Therefore, this study aims to examine and assess the effectiveness of the application of laws and regulations in order to provide legal certainty for actors in digital asset investment activities and provide references to legislators regarding the substance in carrying out legislation on laws and regulations regarding digital asset investment. This study uses a qualitative research model with a juridical-normative approach, using primary and secondary sources to support this research. The result of this research is to find the concept of legislation that can regulate digital asset investment activities, in accordance with what is stated in the purpose of establishing the law. Next, find the problem of the effectiveness of existing regulations.

Keywords: Digital Asset Investment- Cryptocurrencies- NFTs (Non-Fungible Tokens)

Topic: Law on Investment