Tinjauan yuridis perdagangan aset kripto sebagai investasi di Indonesia

Chrisanti, Beatrice Athanasia (2023) Tinjauan yuridis perdagangan aset kripto sebagai investasi di Indonesia. Masters thesis, Universitas Pelita Harapan.

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Abstract

Investors need to be aware of the use of crypto assets in Indonesia, especially the use and understanding of crypto assets as an investment tool. The public's lack of understanding of safe and legal investments makes it easy for people to become victims of illegal investment fraud. Seeing the dynamics of crypto asset development, the formation of legal regulations regarding crypto assets has sparked polemics. Moreover, Indonesia already has many laws and regulations at the law level that require public participation in the formation of laws, for example, Law Number 25 of 2007 concerning Capital Investment. 1). How is trading crypto assets as an investment in Indonesia? 2). How have the Indonesian government's regulations and policies regarding crypto assets influenced the development of the crypto asset market in this country? This research uses normative legal research methods, namely the data obtained comes from reading and analyzing written material. Crypto assets are considered commodities because they fulfill an element of service, can be traded, and are part of the subject of a contract. With Bappebti regulations, crypto assets are run through a trading mechanism involving physical traders, clearing institutions, and depository managers, and meet certain conditions. As a result, crypto assets are recognized as part of commodities that can be traded in Indonesia with Bappebti's active role as a regulator. Regulations and policies are very important in directing crypto asset market activities to be fair and efficient. Although challenges arise due to rapid developments in blockchain technology, regulation can increase transparency, trust, and accountability. In Indonesia, regulations, such as Minister of Trade Regulation Number 99 of 2018 and Bappebti regulations, have been implemented to supervise crypto asset trading. However, there are still several aspects that need to be considered, such as investor protection, the role of crypto asset traders, cross-border regulations, and the involvement of institutional investors. The Indonesian Government's policy regarding crypto recognizes crypto assets as online investment instruments that can be traded on futures exchanges by the law. Number 10 of 2011 Futures Trading. Regulations and policies are very important in directing crypto asset market activities to be fair and efficient. To deal with this complexity, it is hoped that progressive and responsive legal reform to technological developments can provide a strong foundation, protect society, and support positive developments in the crypto asset ecosystem.

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