Pelindungan Hukum Jual Beli Cryptocurrency dalam Transaksi Aset Kripto (Crypto Asset) Peraturan Menteri Perdagangan Nomor 99 Tahun 2018

Abstract

The Commodity Futures Trading Regulatory Authority in Indonesia has established a legal framework for the operation of a futures exchange for crypto assets and digital gold assets in 2019. The main issue addressed in this research is the regulation of cryptocurrency buying and selling transactions. The mechanism of cryptocurrency trading as part of crypto asset transactions is based on the Regulation of the Minister of Trade Number 99 of 2018. Legal protection for buyers in cryptocurrency transactions is also governed by the Regulation of the Minister of Trade Number 99 of 2018. This research employs a normative juridical method with a descriptive analytical approach. The data used in this study are secondary data, obtained through literature study. The data analysis technique applied is qualitative analysis. The development of cryptocurrency trading regulations is reflected in Article 1 of the Regulation of the Minister of Trade of the Republic of Indonesia Number 99 of 2018 concerning the General Policy on the Implementation of Crypto Asset Trading. This regulation stipulates that crypto assets are designated as commodities that may be used as the underlying assets in futures contracts traded on the futures exchange. This provision serves as the legal basis for the legitimacy of crypto asset trading in Indonesia.The trading mechanism for cryptocurrency is further regulated by the Regulation of the Minister of Trade Number 99 of 2018 and the regulations issued by the Commodity Futures Trading Regulatory Agency (BAPPEBTI). These regulations also set forth the criteria and requirements that must be fulfilled by prospective physical crypto asset traders, as well as provisions regarding the rights and obligations of the business actors and related institutions.Legal protection in the buying and selling of cryptocurrency in crypto asset transactions, as stipulated in the Regulation of the Minister of Trade Number 99 of 2018, includes preventive legal protection. Such protection, along with efforts to control and ensure the security of crypto asset trading, is also regulated in the Commodity Futures Trading Regulatory Agency Regulation Number 5 of 2019 concerning Technical Provisions for the Implementation of the Physical Crypto Asset Market.