Perlindungan Hukum terhadap Investor Aset Kripto dalam Masa Transisi Kewenangan Pengawasan dari BAPPEBTI ke OJK

Abstract

The advancement of financial technology has encouraged the emergence of crypto assets as widely traded digital instruments in Indonesia. The supervision of crypto asset transactions, which was previously under the authority of the Commodity Futures Trading Regulatory Agency (BAPPEBTI), has been transferred to the Financial Services Authority (OJK) pursuant to Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (PPSK Law). This shift in authority has legal implications, particularly regarding the legal protection of investors who are highly vulnerable to the risks present in the crypto asset market. This study aims to analyze: (1) the legal standing of crypto asset companies in their legal relationship with investors under Indonesian positive law; (2) the supervision of crypto asset trading based on OJK Regulation Number 27 of 2024; and (3) the form of legal protection and legal consequences for crypto asset investors resulting from the transfer of supervisory authority from BAPPEBTI to OJK. This research employs normative legal methods with a statutory approach, conceptual approach, and prescriptive-descriptive analysis. Data sources consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The findings reveal that crypto asset service providers hold legal status as financial technology business actors subject to OJK regulations, with obligations to uphold the principles of transparency, prudence, and investor protection. Investors in crypto asset transactions are positioned as parties to digital agreements whose rights are protected by the Consumer Protection Law. OJK's supervision through Regulation No. 27 of 2024 emphasizes market conduct principles, electronic system oversight, and dispute resolution mechanisms. The supervisory transition brings about enhanced legal protection-both preventive and repressive for crypto asset investors in Indonesia.