Pelindungan Hukum bagi Ahli Waris Terhadap Akses dan Pengelolaan Aset Digital (Cryptocurrency) sebagai Objek Harta Warisan dalam Era Digitalisasi

Abstract

The development of digital technology has given rise to digital assets in the form of cryptocurrency, which possess economic value and have the potential to become part of a person’s wealth. However, the decentralized nature of cryptocurrency and its access mechanism through private keys create legal issues when the asset owner passes away, particularly concerning access and management by heirs. This research aims to analyze the regulation of cryptocurrency as an object of inheritance under Indonesian positive law, legal efforts to ensure legal certainty in the inheritance of crypto assets, as well as the forms of responsibility of digital wallet (crypto wallet) service providers in guaranteeing heirs’ access rights. The research method employed is normative legal research supported by interview results. The approaches used in this study are the statutory approach and the conceptual approach, utilizing secondary data. The data analysis in this research is conducted using a qualitative method. The results of this study indicate that although cryptocurrency is not explicitly regulated in the Indonesian Civil Code, it can be classified as an intangible asset with economic value and therefore may be inherited. Regulations issued by BAPPEBTI, the Financial Sector Development and Strengthening Law (P2SK Law), and Financial Services Authority Regulation Number 27 of 2024 provide an indirect legal basis for the recognition of crypto assets as legal objects. Nevertheless, legal gaps remain regarding access mechanisms and the protection of heirs’ rights. Therefore, regulatory strengthening and the role of crypto wallet service providers are necessary to ensure legal certainty, access security, and legal protection for heirs in managing inherited cryptocurrency assets.