Author(s): Ni Putu Icha Putri Andika and I Made Dedy Priyanto

Abstract: Cryptocurrency is one of the financial technology innovations that has changed the way money is viewed and used in the world. Cryptocurrency is basically a form of digital currency that uses encryption technology to secure transactions, control the creation of new units, and verify asset transfers. The term "cryptocurrency" itself comes from the word "crypto" which refers to cryptographic techniques used to secure transactions and regulate the creation of coins or tokens. This explanation raises the question of whether cryptocurrency assets can be used as collateral for debt in notarial agreements in Indonesia. The results of the study show that the use of cryptocurrency as collateral in debt agreements in Indonesia is legally valid because there are no laws and regulations that expressly prohibit it. This is in line with the principle of legality which states that there is no criminal act without a law that regulates it first. Furthermore, cryptocurrency is recognized as a digital asset that has legitimate economic value based on regulations from the Commodity Futures Trading Supervisory Agency (BAPPEBTI) which stipulates cryptocurrency as a digital commodity that can be traded. In accordance with the provisions of the Civil Code (KUHPerdata) Article 1131 which states that all movable and immovable property owned by the debtor can be used as collateral for debt, cryptocurrency, although not a tangible object, can be considered a legitimate asset in a debt agreement. Therefore, cryptocurrency can be used as collateral in a debt agreement.

DOI: 10.22271/civillaw.2025.v5.i1b.124

Pages: 91-98 | Views: 66 | Downloads: 26

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