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Surya Dharma Ali; Fanny Tanuwijaya; Moh. Ali

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The rapid development of financial technology (fintech) and crypto assets has created a paradox in the global financial system: while promoting inclusion and efficiency, it also opens new vulnerabilities for money laundering offenses. Notaries, as public officials and legal professionals involved in various financial and business transactions, are at the forefront of preventing this misuse. This article analyzes the specific risks of money laundering through fintech and crypto assets and formulates the due diligence framework required by notaries in carrying out their preventive functions. The research method uses a normative juridical approach with doctrinal analysis of regulations and international standards, enriched with case studies and best practice references. The findings indicate that notaries face three main challenges: (1) difficulty in identifying parties in virtual transactions, (2) the volatility and relative anonymity of crypto assets, and (3) the gap between the speed of technological innovation and regulatory adaptation. This article proposes an Enhanced Digital Due Diligence (ED3) model that integrates digital verification technology, blockchain forensic analysis, and a dynamic risk-based approach. This framework is expected to strengthen the role of notaries as gatekeepers in the rapidly evolving digital financial ecosystem while maintaining the profession's relevance in the era of digital transformation.

Bintang Ulya Kharisma

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This Study analyzes the fulfillment of dowry requirements as mutamawwal property according to KHI Articles 30-38 and assesses the suitability of crypto assets as dowry under the positive law regime of the Marriage Law, including its implications for the protection of wives’ rights and legal certainty in the digital era. The research employs a qualititative method with a normative juridical approach through literature study of primary sources (the Qur’an, hadith, KHI, Law No. 1 of 1974, Bappebti and OJK regulations, an MUI fatwas) and secondary sources comparising journals, theses, and dissertations on crypto dowry and maqasid syariah, analyzed descriptively-analitycally and comparatively bertween Islamic law and positive law. The findings that demonstrate that normatively, crypto assets can be classified as valuable property within the KHI framework provided they meet the following criteria: possessing economic value, having clear specifications regarding type and amount, being transferable through legal mechanisms (such as gifts or wallet transfers), and being mutually agreed upon by boh parties. Consequently, they are valid as dowry with the value determined at the time of the marriage contract to minimize the impact or price volatility. However, it still poses potential value disputes, necessitating the strengthening of administrative guidelines at the KUA (office of Religious Affairs) and the enhancement of digital forensic capacty in Religious Courts. The study recommends further harmonization among the KHI, crypto asset regulations, and religious fatwas through the development of technical guidelines for crypto dowries oriented toward mashlahah and the protection of wives’ rights in the 4.0 era.

Saka Shofa'il Asroor

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Over the past 20 years, developments in digital technology have led to the emergence of financial innovation in the form of cryptocurrencies, with Bitcoin being the main pioneer. Bitcoin is a decentralized, blockchain-based electronic payment system that is not controlled by a single financial institution. Although its presence facilitates quick and straightforward cross-border transactions, it also raises ethical and legal issues, especially when taking into account Islamic law, which strongly emphasizes justice, certainty, and the welfare of society. This paper aims to investigate the usage of Bitcoin in modern economic transactions from the standpoint of Islamic and international law. This study investigates Islamic legal sources, the views of Islamic scholars, fatwas (religious decrees), and international laws and regulations pertaining to cryptocurrency assets using a qualitative, normative-empirical methodology. The results show that, although opinions among scholars differ, the usage of Bitcoin is subject to ijtihadiyah (Islamic ijtihad) in Islamic law. Some reject it because of its great volatility and speculative potential, while others allow it as long as it provides advantages and does not include riba, gharar, or maysir (the risks associated with gambling). In terms of international law, Bitcoin is typically seen as a digital asset that has to be closely watched in order to preserve economic stability and deter financial crime. Therefore, balanced legislation is required to guarantee that the usage of Bitcoin is in line with the principles of sharia maqasid and global economic fairness.

Mahila Ayesha Maharani; Wira Atman

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to evaluate the effectiveness of Indonesia’s National Cyber Security Strategy in responding to increasingly complex and dynamic digital threats. In the midst of the digital transformation era, Indonesia’s cyberspace is vulnerable to various serious threats, such as ransomware attacks, data leaks, and the spread of disinformation that can disrupt social and political stability. This research adopts a qualitative- descriptive approach with content analysis of national strategic documents, reports from the National Cyber and Crypto Agency (BSSN), and compares them with cybersecurity policies in ASEAN countries. The results revealed that although BSSN has designed a relatively robust policy and institutional framework, its implementation is still faced with various serious obstacles, including fragmented regulations, lack of coordination between agencies, and limitations in terms of human resources. This study uses Dunn’s (2023) policy evaluation framework, covering the dimensions of effectiveness, efficiency, responsiveness, equity and sustainability. The study recommends the need to strengthen governance involving various sectors, increase awareness and cyber literacy among the public, and develop national capacity through public private partnership. This evaluation is expected to serve as a basis for policy formulation to strengthen Indonesia’s digital resilience, especially in the face of the increasing complexity of cyber threats at the national level.

Pambudi Pambudi; Zudan Arief Fakrulloh

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the legal gaps and regulatory challenges in enforcing criminal liability against perpetrators of crimes within Indonesia’s crypto ecosystem, particularly in the context of Decentralized Finance (DeFi), smart contracts, and decentralized digital asset trading platforms. The research employs a normative juridical approach using statutory and conceptual methods. The findings indicate that current criminal law instruments, such as Article 378 of the Criminal Code, Article 28 paragraph (1) of the Electronic Information and Transactions (ITE) Law, Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering (TPPU), and Law No. 10 of 1998 on Banking, are inadequate to address the unique and complex characteristics of crypto-related crimes. These crimes are anonymous, cross-jurisdictional, and difficult to trace due to the absence of centralized authority. As a result, the existing legal framework fails to provide sufficient victim protection and leads to weak law enforcement effectiveness. This legal vacuum also hampers the state's ability to respond to the growing digital threats and creates legal uncertainty in the expanding crypto space. Therefore, this study recommends the formulation of specific criminal regulations that comprehensively define digital assets, legal subjects within decentralized systems, and new criminal offenses relevant to crypto-related conduct. It also calls for the establishment of specialized institutions dedicated to investigating and prosecuting such crimes. These proposed regulations are expected to strengthen the national criminal justice system, making it more adaptive, fair, and effective in addressing the challenges posed by digital transformation.

Galang Ramadhan

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid digital transformation has had a significant impact on various aspects of life, while simultaneously increasing the complexity of cyber threats faced by nations, including Indonesia. As a country with a high number of internet users, Indonesia is in a vulnerable position regarding cyberattacks that could threaten national stability. This study aims to analyze Indonesia’s national security strategy in responding to cyber threats through a descriptive qualitative approach based on literature review and document analysis. The findings show that Indonesia has implemented various strategic policies, including the establishment of the National Cyber and Crypto Agency (BSSN), the enactment of regulations such as the Personal Data Protection Law, as well as the strengthening of international cooperation, human resource development, and the utilization of security technologies. However, significant challenges such as weak inter-agency coordination, low digital literacy, and limited infrastructure remain major obstacles to effective implementation. This study recommends strengthening governance, increasing institutional capacity, and involving multiple stakeholders to build a national cybersecurity system that is adaptive, inclusive, and sustainable.

Bella Fistya Asherli; Sidi Ahyar Wiraguna

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of information technology has had a significant impact on the pattern of collecting, processing, and storing personal data in the digital era. However, this progress is also accompanied by an increasing threat of cybercrime, one of which is phishing attacks. Phishing is a digital fraud mode that aims to obtain personal data illegally through social engineering and manipulation of electronic systems. This study aims to analyze the form of legal protection for phishing victims in the perspective of Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). Using normative legal methods and conceptual approaches, this study examines the role of state authorities such as the National Cyber and Crypto Agency (BSSN) and the Directorate of Cyber Crime (Dittipidsiber) of the National Police Criminal Investigation Unit in the procedures for handling and prosecuting phishing. The results of the study show that although the PDP Law has provided a clear legal framework, its implementation still faces challenges in technical aspects, institutional coordination, and public digital literacy. Therefore, strong synergy is needed between regulation, supervision, and public education to realize effective and sustainable personal data protection in the digital era.

Septian Uky Kriscahya; Suwardi Suwardi

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Money laundering is the act of changing or hiding money or assets resulting from crime to appear to have come from a legal source. Haram funds can damage the market and harm honest business actors. The study addresses two main issues: Does digital financial transactions fall into the category of money laundering. Are the rules related to digital transactions included in the crime of money laundering (TPPU)? The research was carried out using the method of juridical analysis, which is to examine the applicable legal rules. The results show that digital transactions have the potential to be used for money laundering, especially through technologies such as digital payments and cryptocurrencies that can disguise transaction traces. Technological advances and lifestyle changes also affect the economic system. Today, electronic money is widely used through e-commerce, online transportation services, and digital merchants. Based on Articles 3, 4, and 5 of the Anti-Corruption Law, anyone who disguises the origin of assets from criminal acts — including through digital transactions — can be sentenced to up to 20 years in prison and a fine of up to Rp10 billion.

Muhammad Asnul Husadi; Nur Isdah Idris

Jurnal Ilmu Komunikasi, Administrasi Publik dan Kebijakan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study analyzes state-sponsored cryptocurrency theft, focusing on the Lazarus Group affiliated with North Korea, within the framework of contemporary hybrid warfare strategy. Employing a qualitative case study approach, the article explains how systematic and large-scale crypto asset theft conducted by Lazarus Group serves not only financial motives but also functions as a strategic tool to evade international sanctions and fund North Korea’s nuclear programs. The research finds that such cybercrimes reflect high-ambiguity, non-conventional tactics key features of hybrid warfare. This study expands the traditional concept of hybrid warfare by incorporating digital financial crimes as instruments of state geopolitical strategy. It further highlights the importance of international collaboration and strengthened cybersecurity policy to address increasingly complex digital-era threats.

Marcela Marcela; Iskara Desra; Muhammad Sawega Alfadri; Sintong Arion Hutapea

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of digital technology has encouraged the emergence of crypto assets as a new investment instrument in Indonesia. Along with the increasing popularity of digital assets, the government responded by imposing tax policies in the form of Value Added Tax (VAT) and Income Tax (PPh) on every crypto transaction. This study aims to analyze the suitability of the tax imposition with the basic principles of tax law, as well as to examine its impact on the growth of the digital asset industry in Indonesia. The method used in this research is a literature study with a descriptive qualitative approach sourced from regulations, scientific journals, official reports, and international comparative studies. The results of the study show that the imposition of VAT on crypto transactions is not fully in line with the principles of fairness, legal certainty, and efficiency in taxation. In addition, the disproportionately high tax burden has a negative impact on investor interest, encourages offshore transactions, and slows down innovation in the domestic blockchain industry. Therefore, policy reformulation is needed, such as the application of capital gains tax and the provision of fiscal incentives, so that tax regulations can support the sustainable growth of the national digital economy.

Azzahra Natazia Ristina Goce

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze cryptocurrency investment models in relation to the prevention of money laundering (Anti-Money Laundering/AML) activities. Cryptocurrency, as a growing form of digital investment, has garnered attention from regulators due to its potential money laundering risks. This paper explores preventive strategies that can be implemented within cryptocurrency investment systems, including the use of blockchain technology, KYC (Know Your Customer) procedures, and international regulations such as the Financial Action Task Force (FATF) guidelines. Through a qualitative method based on literature review and policy analysis, the study identifies investment models that can minimize money laundering risks while maintaining profitability for investors. These findings provide insights into the challenges and solutions in developing a safer cryptocurrency investment system that complies with AML regulations.

Getri Kefi; Aksi Sinurat; Orpa G.Manuain

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to find out what are the forms of modes in the crime of Money Laundering Using Illegal Cryptocurrency Media  as well as Criminal Law policies in an effort to overcome the occurrence of Money Laundering Crimes through  illegal Cryptocurrency  Media. To answer the above problems, this Research Method uses the Normative Law research method which focuses on research on written regulations or legislation or research based on rules or norms that apply in society. The results of the discussion in this study show that, (1)  The mode of operation used by the perpetrators in the crime of money laundering through Cryptocurrency media  is by trading and investment methods along with several other methods. The perpetrators take advantage of the transaction system on cryptocurrencies that are closed or anonymous so that the perpetrators get an opening to launch criminal acts. 2) Even with existing legal regulations, there are still criminal acts, especially TPPU which are carried out through  illegal cryptocurrencies, so it is better for the government to make rules or make legal updates on how to process related to Money Laundering Crimes using cryptocurrencies which include crypto platforms, both legal and illegal.

I Nyoman Sucitrawan; , M Arief Amrullah; Tanuwijaya, Fanny Tanuwijaya

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Cryptocurrency users, including those utilizing Bitcoin, Litecoin, Dogecoin, and others, are increasingly prevalent in Indonesia. Since the Rupiah is the only legal currency in Indonesia, cryptocurrencies cannot be used as a means of payment or exchange in financial transactions within the country. However, cryptocurrencies are considered investments when incorporated into commodities, becoming crypto assets that can be used as digital investment assets. This research employs normative legal research to explore legal principles and norms to address legal questions. If someone exchanges assets obtained from criminal activities for crypto assets, thinking they are legitimate, and if the money in these crypto assets is derived from criminal proceeds, such actions constitute money laundering (ML). This process involves purchasing crypto assets with illicit gains, exchanging Rupiah for cryptocurrency, or converting Rupiah into cryptocurrency. While cryptocurrency is recognized as a legal digital commodity for investment purposes in Indonesia, it becomes illegal when misused by individuals seeking to legitimize wealth obtained illegally. Converting illegally acquired wealth into cryptocurrency to deceive the government and make the transaction appear lawful may result in legal consequences

Syaiful Bahri; Moh. Zeinudin; Miftahul Munir

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research is normative legal research that uses a normative judicial approach. The research results show that: (1) There are differences of opinion between judges, e-commers and notaries. regarding the strength of proof of a signature on an electronic document in proving civil procedural law in Indonesia. Judges and e-commers are of the opinion that electronic documents that have been signed with an electronic signature have the same evidentiary power as authentic deeds made by authorized officials, after the issuance of Law Number 11 of 2008 concerning Electronic Information and Transactions. Meanwhile, the notary is of the opinion that an electronic document signed with an electronic signature only has the power of proof under the hand, because it does not meet the requirements as an authentic deed, that is, it does not appear before an authorized official; and (2) Settlement of disputes resulting from non-fulfillment of the agreement can be resolved using a court or an institution outside the court, but e-comers generally use institutions outside the court because it is considered easier and faster to resolve and the costs are cheaper.The use of an electronic signature on an electronic document can guarantee the security of an electronic information message, which uses a public network, because electronic signatures are created based on asymmetric cryptography technology. From this research, there are differences of opinion regarding the evidentiary power of electronic documents signed with electronic signatures that are used as evidence in trials. The use of an electronic signature on an electronic document can guarantee the security of an electronic information message, which uses a public network, because electronic signatures are created based on asymmetric cryptography technology. From this research, there are differences of opinion regarding the evidentiary power of electronic documents signed with electronic signatures that are used as evidence in trials. Furthermore, electronic signatures need to be certified so that they have evidentiary power such as authentic deeds and there is no need to carry out digital forensic tests in the evidentiary process at trial.    

Naufal Widi Adyawan

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of the current era has given rise to various advances in the world of technology, one of which is marked by the presence of crypto assets. Crypto assets themselves have been widely used for various purposes in various countries, including Indonesia. However, of all the regulations regarding activities related to crypto assets, there is not a single regulation that explains the actual status of the property rights of these crypto assets. The purpose of writing this article is to determine the status of property rights and the acquisition of property rights from crypto assets. The type of research used is normative research by examining legal materials consisting of primary legal materials and secondary legal materials. Based on the results of this research, it was found that crypto assets can be said to be objects, in this case specifically intangible objects, movable objects, and some are consumable objects and non-consumable objects. According to the Civil Code, the method of obtaining the right is divided into several ways, namely claim, handover, inheritance, expiration, and withdrawal.  

Widi Nugrahaningsih; Novemy Triyandari Nugroho

Lembaga Pengembangan Kinerja Dosen 2024 Lembaga Pengembangan Kinerja Dosen

Digital currencies can now be utilized by people in various countries, including Indonesia. The Commodity Futures Trading Supervisory Agency (Bappebti) noted that as of November 2023, the number of registered crypto asset customers reached 18.25 million. Every month it has a growth of 437.9 thousand customers calculated since February 2021. The problem in the study, how is the use of crypto assets in Indonesia for investment and transaction purposes in Indonesia.The purpose of the study, to analyze the use of crypto assets in Indonesia for investment and transaction purposes in Indonesia.  This research is normative juridical, legal material collection techniques using library research. Data analysis technique, by collecting data, analyzing data, followed by drawing conclusions. Every transaction uses a currency benchmark. The definition of currency is money issued by the Unitary State of the Republic of Indonesia, hereinafter referred to as Rupiah. It is money that is a legal tender. Article 2 of Bappebti Regulation No.5 of 2019 concerning Technical Provisions for the Implementation of the Crypto Asset Physical Market on futures exchanges, crypto asset trading must be based on legal certainty. Conclusion, that crypto assets in Indonesia can be used as a means of investment for the community. with provisions in accordance with the Minister of Trade Regulation Number 99 of 2018. Buying and selling crypto can only be done on the futures exchange.

Zainudin Hasan; Wiryadi Wiryadi; Arkaan Fadhulrrahman; Muhammad Dimas; Ronald Dzaky Al Jabbar

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Blockchain, originally developed as the technology behind cryptocurrencies such as Bitcoin, has gained attention for its potential to revolutionize cybersecurity. It offers a promising solution to the vulnerabilities of centralized systems by decentralizing data storage and implementing advanced encryption techniques. Blockchain technology and cryptocurrencies have presented significant challenges in the realm of cyber law to regulate them in the future, varying blockchain and crypto regulatory approaches in various countries, including regulations on crypto exchanges, ICOs, and compliance with anti- money laundering ( AML) regulations. and getting to know customers (KYC). explores the issue of data protection in blockchain transactions and i ts implications for cyber law, as well as the legality and enforcement of smart contracts. the impact of cryptocurrency use on cyber law, including challenges in tax compliance, law enforcement, and consumer protection. In the midst of various complexities regarding the direction of regulation of blockchain technology and cryptocurrencies in cyber law. with blockchain technology and cryptocurrencies and prepare views to face future challenges.

Az Zahra Nashira Ryan; Aris Prio Agus Santoso; Giovania Madeira Do Carmo; Jonathan James Kurniawan; Zakkiya Muflih Gusma Putra

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The use of cryptocurrency assets in Indonesia is still prohibited as a means of payment but as an investment instrument it can be included as a commodity that can be traded on a term exchange as regulated in the regulation of Law No. 10 of 2011 concerning amendments to Law No. 32 of 1997. The positive impact of cryptocurrencies in consumer protection such as cryptocurrency financial access can provide access to the traditional banking system, thereby increasing financial inclusion. There are also negative impacts to consider in consumer protection: security risks associated with theft or hacking of cryptocurrency exchange platforms and digital wallets can threaten the security of consumer funds. This study aims to analyze about consumer protection of cryptocurrencies in the digital age. This research uses normative research methods and uses qualitative data types. The results of this study show that consumer protection in cryptocurrency in the digital era, among others, preventively, in cryptocurrency trading transactions as assets is also strengthened by the Regulation of the Commodity Futures Trading Supervisory Agency Number 9 of 2019 concerning Amendments to the Regulation of the Commodity Futures Trading Supervisory Agency Number 5 of 2019 concerning Textile Arrangements for the Implementation of the Physical Market of Cryptocurrency Assets on Futures Exchanges. Meanwhile, if repressively to protect what is given after a dispute arises in the form of sanctions, fines, imprisonment, and penalties imposed a dispute occurs, regulated in Article 22 of PerBappeti Number 5 of 2019 concerning Technical Provisions for the Implementation of the Physical Market of Cryptocurrency Assets on the Futures Exchange, that dispute resolution is carried out by deliberation to reach consensus if it does not reach consensus the parties can resolve through the Futures Trading Arbitration Agency Commodity (BAKTI) and the State Court as stated in the agreement between the parties. Bank Indonesia reaffirms the ban on the use of virtual currencies in cryptocurrency, both in the form of selling, buying, and trading with these currencies. 

Heriyanto Heriyanto; Yulius Efendi; Teguh Wicaksono

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The protection of heirs' rights to digital assets in Indonesia is becoming increasingly important as digital technology usage grows. Digital assets, including social media accounts, emails, digital files, and cryptocurrencies, present new challenges in inheritance law due to their unique nature. This article discusses how heirs' rights to digital assets can be effectively regulated within the existing legal framework. The main challenges include access and control issues, an incomplete legal framework, and rapid technological advancements. Proposed solutions include updating legal regulations, collaborating with digital service providers, enhancing digital literacy, and developing supportive systems and services. With these measures, it is hoped that heirs' rights to digital assets can be well-protected, providing legal certainty and ensuring that digital assets are not lost or misused.

Siti laelatul rodiah; Sandra Yuli Trisnawati

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Cryptocurrency has emerged as a disruptive force in the financial sector, presenting new regulatory challenges. This article investigates the current legal landscape surrounding cryptocurrency, addressing issues such as tax compliance, fraud prevention, and investor protection. Through a comparative study, the paper evaluates different regulatory approaches and their effectiveness in achieving financial stability while fostering innovation. The findings offer insights into the balance required between regulation and the growth of digital currencies.