ASET KRIPTO (CRYPTO ASSET) SEBAGAI OBJEK JAMINAN KEBENDAAN

Gunawan, Abdiel Hosana (2021) ASET KRIPTO (CRYPTO ASSET) SEBAGAI OBJEK JAMINAN KEBENDAAN. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

This Legal Memorandum is titled “Crypto Asset As A Collateral Object” with purpose to know the legal standing of crypto asset as an object which provides a right as an collateral based on Civil Law. Problematic issues arise due to legal vacuum in Indonesia that specifically regulates crypto assets as a certain type of object that provide some rights such as objects in Civil Law, especially right as a collateral. This thesis is written in the form of legal memorandum with the following systematics: the case position, the data, and sources of law compile, then continued with the research method which is normative legal research that focuses on the positive legal norms in the form of legislation, the legal analysis, and then closed by the conclusion with the form of legal opinions and recommendation. Due to its characteristics, crypto asset is a movable object without real physical form, so that in determining the type of collateral, it must be in accordance with the civil law provisions of collateral for intangible movable objects. Primary data was obtained from the positive law while secondary data were academics legal opinion which obtained from literature studies. The result showed that crypto asset is categorized as an intangible moveable object with pawning as the only applicable type of collateral.

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