Published January 4, 2025 | Version v1
Journal article Open

Legal Challenges and Framework for Cryptocurrency Inheritance in Indonesia

Description

The rapid advancement of digital technology has introduced new challenges for inheritance law, particularly with regard to digital assets such as cryptocurrencies. In Indonesia, the legal framework has yet to fully address the unique issues posed by the inheritance of digital assets. Although cryptocurrencies are classified as intangible movable property and can be inherited under the Indonesian Civil Code (KUHPerdata), specific regulations are lacking, leaving uncertainties around the transfer of these assets upon death. Moreover, from the perspective of Islamic inheritance law (faraid), cryptocurrencies can be considered as wealth (maal) and must be distributed according to Islamic principles. However, technical challenges, such as access to private keys and the decentralized nature of cryptocurrencies, complicate their transfer. This paper explores the legal challenges surrounding cryptocurrency inheritance in Indonesia, combining both civil and Islamic legal perspectives. The study concludes that Indonesia needs a comprehensive legal framework that addresses the inheritance of digital assets, ensures compliance with Islamic principles, and incorporates modern technical solutions for secure and lawful asset transfer.

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