Legal Status of Cryptocurrency in Indonesia and Legal Analysis of the Business Activities in Terms of Cryptocurrency

Indonesia’s recent development in legal policy toward cryptocurrency is pertinent to ask whether this new investment market has any more risk to throw over Indonesia than how to protect the existing variable parties by overall structural formation. This tendency has prevented the government to imple...

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Main Author: Soonpeel Edgar Chang
Format: Article
Language:English
Published: Brawijaya University 2019-04-01
Series:Brawijaya Law Journal
Subjects:
Online Access:https://lawjournal.ub.ac.id/index.php/law/article/view/189
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author Soonpeel Edgar Chang
author_facet Soonpeel Edgar Chang
author_sort Soonpeel Edgar Chang
collection DOAJ
description Indonesia’s recent development in legal policy toward cryptocurrency is pertinent to ask whether this new investment market has any more risk to throw over Indonesia than how to protect the existing variable parties by overall structural formation. This tendency has prevented the government to implement the machinery of more fundamental keynote of policy. Against this backdrops, this research first analyzes the existing laws and regulations to examine the current legal status of virtual currency in Indonesia with the method of conceptual analysis. Despite the Government’s skeptical stance about economic soundness that cryptocurrency market leads, however, how to protect the various parties in the existing market is a different issue which still needs an urgent attention from policy makers, legal practitioners, judiciary and academic researchers. Therefore, this paper further studies the relevant laws and regulations governing the actual operation of cryptocurrency exchange in Indonesia to discuss the more practical aspects by interviewing an Indonesian cryptocurrency exchange and professional lawyers at Dentons HPRP. Subsequently, the most worrisome legal risks in the industry are diagnosed by interviewing a global cryptocurrency exchanges. This study concludes that BAPPEBTI Regulation No. 5 of 2019 cannot be the good answer to minimize the risk and will only harm bona fide market participants without a good-standing authority.
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spelling doaj.art-13c2145f5aa247a0a2f6e9494b8308ab2022-12-22T01:10:41ZengBrawijaya UniversityBrawijaya Law Journal2356-45122503-08412019-04-0161769310.21776/ub.blj.2019.006.01.0666Legal Status of Cryptocurrency in Indonesia and Legal Analysis of the Business Activities in Terms of CryptocurrencySoonpeel Edgar Chang0Attorney at New York Bar, Korindo GroupIndonesia’s recent development in legal policy toward cryptocurrency is pertinent to ask whether this new investment market has any more risk to throw over Indonesia than how to protect the existing variable parties by overall structural formation. This tendency has prevented the government to implement the machinery of more fundamental keynote of policy. Against this backdrops, this research first analyzes the existing laws and regulations to examine the current legal status of virtual currency in Indonesia with the method of conceptual analysis. Despite the Government’s skeptical stance about economic soundness that cryptocurrency market leads, however, how to protect the various parties in the existing market is a different issue which still needs an urgent attention from policy makers, legal practitioners, judiciary and academic researchers. Therefore, this paper further studies the relevant laws and regulations governing the actual operation of cryptocurrency exchange in Indonesia to discuss the more practical aspects by interviewing an Indonesian cryptocurrency exchange and professional lawyers at Dentons HPRP. Subsequently, the most worrisome legal risks in the industry are diagnosed by interviewing a global cryptocurrency exchanges. This study concludes that BAPPEBTI Regulation No. 5 of 2019 cannot be the good answer to minimize the risk and will only harm bona fide market participants without a good-standing authority.https://lawjournal.ub.ac.id/index.php/law/article/view/189virtual currencycryptocurrencydigital currencybitcoinfintech
spellingShingle Soonpeel Edgar Chang
Legal Status of Cryptocurrency in Indonesia and Legal Analysis of the Business Activities in Terms of Cryptocurrency
Brawijaya Law Journal
virtual currency
cryptocurrency
digital currency
bitcoin
fintech
title Legal Status of Cryptocurrency in Indonesia and Legal Analysis of the Business Activities in Terms of Cryptocurrency
title_full Legal Status of Cryptocurrency in Indonesia and Legal Analysis of the Business Activities in Terms of Cryptocurrency
title_fullStr Legal Status of Cryptocurrency in Indonesia and Legal Analysis of the Business Activities in Terms of Cryptocurrency
title_full_unstemmed Legal Status of Cryptocurrency in Indonesia and Legal Analysis of the Business Activities in Terms of Cryptocurrency
title_short Legal Status of Cryptocurrency in Indonesia and Legal Analysis of the Business Activities in Terms of Cryptocurrency
title_sort legal status of cryptocurrency in indonesia and legal analysis of the business activities in terms of cryptocurrency
topic virtual currency
cryptocurrency
digital currency
bitcoin
fintech
url https://lawjournal.ub.ac.id/index.php/law/article/view/189
work_keys_str_mv AT soonpeeledgarchang legalstatusofcryptocurrencyinindonesiaandlegalanalysisofthebusinessactivitiesintermsofcryptocurrency