Legality of Cryptocurrency in Indonesia

Gunawan Widjaja
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引用次数: 5

Abstract

The existence of cryptocurrency has attracted controvercies world wide. Many people, including Indonesian, had benefit from cryptocurrency, meanwhile there were also more people suffered lost from “investment” in cryptocurrency. The aim of this research was to make clear the legal status of cryptocurrency in Indonesia. This research was a normative legal research. It conducted literature review to obtain the required data. Data obtained and used in this research were secondary data, which consisted of primary, secondary and tertiary legal documents. Data obtained from literature review were analysed using normative comparative method with qualitative approach. The result proved that as currency, the existence of cryptocurrency for payment was legally prohibited. The involvement of Indonesian citizen in the “investment” in form of crytocurrency can be treated as against public policy even though the issuance of such cryptocurrency was subject to foreign applicable laws.
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印度尼西亚加密货币的合法性
加密货币的存在在世界范围内引起了争议。包括印尼人在内的许多人从加密货币中受益,同时也有更多的人因“投资”加密货币而遭受损失。这项研究的目的是明确加密货币在印度尼西亚的法律地位。本研究是一项规范性法律研究。进行文献综述,获取所需资料。在本研究中获得和使用的数据是次要数据,包括一级,二级和三级法律文件。从文献综述中获得的数据采用规范比较法和定性方法进行分析。结果证明,作为货币,加密货币的存在在法律上是被禁止的。印度尼西亚公民参与加密货币形式的“投资”可被视为违反公共政策,即使此类加密货币的发行受外国适用法律的约束。
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