Pelindungan Hukum bagi Pengguna Teknologi Blockchain pada Transaksi Cryptocurrency Ditinjau dari Hukum Positif Indonesia

Abstract

Technological development has brought changes to various aspects of human life, including business and financial transactions. One technology that has gained attention is blockchain technology. Blockchain is known as the foundational technology for cryptocurrencies such as Bitcoin. In business, blockchain offers solutions for security, transparency, and efficiency issues in business transactions. Blockchain technology is the technology underlying cryptocurrency, with a decentralized recording system that enables transactions to be conducted without intermediaries. However, behind this exist various risks and legal challenges, especially in the context of legal protection for its users. The absence of comprehensive regulations regarding cryptocurrency creates legal uncertainty for its users. Bank Indonesia, through PBI No. 20/6/PBI/2018, has prohibited the use of cryptocurrency as a payment instrument, but cryptocurrency trading activities as digital assets are still ongoing, supervised by BAPPEBTI through BAPPEBTI Regulation No. 5 of 2019. This regulatory dualism raises questions about the legal status and forms of protection for cryptocurrency users in Indonesia. The research method used in this thesis is a normative juridical method, analyzing how legal protection for users of blockchain technology in cryptocurrency transactions is viewed from Indonesian positive law. The results of this research indicate that the implementation of blockchain technology in business transactions exists amidst numerous regulations. Law Number 11 of 2008 concerning Electronic Information and Transactions, as the general foundation for electronic transactions, has not specifically regulated the technical aspects of blockchain. In the Indonesian legal system, dispute resolution can be pursued through both litigation and non-litigation channels; however, the special characteristics of blockchain technology demand a different approach to dispute handling. One dispute resolution method that can be applied is through Alternative Dispute Resolution (ADR), which includes mediation, arbitration, and negotiation.