Analysis of Civil Evidence Principles in The Ownership of Non-Fungible Token Assets

This research aims analysis of the civil evidentiary principle, ownership of Non-Fungible Token assets can be proven through documents showing transfers from the previous owner to the current owner, as well as other evidence supporting the validity of the transaction. However, because NFT technology is still new and not fully legally recognized, further analysis is still needed to determine the appropriate mode of proof in this context. This study uses a normative method with a statutory approach (statute approach), as well as an analytical approach (analytical approach). The results of this study are to determine the principle of audi et alteram partem, the principle of ius curia novit, the principle of nemo testis indoneus in propria causa, the principle of ne ultra petita, the principle of de gustibus, non est disputandum, the principle of nemo plus juris transferre potest quam ipse habet on non-asset ownership Fungible Tokens. The principle of audi et alteram partem, which ensures that all parties have the right to be heard, upholds fairness in NFT ownership disputes by guaranteeing that each side has an opportunity to present their case.

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Publication Details

Journal
International Journal of Law Analytics
Published
2024-09-02
DOI
https://doi.org/10.59890/ijla.v2i3.2442
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
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article

Analysis of Civil Evidence Principles in The Ownership of Non-Fungible Token Assets

Muhammad Asrul Maulana, Fajar Muharram, Kharisma Fatmalina Fajri
International Journal of Law Analytics
Legal Studies and Reforms
article

Analysis of Civil Evidence Principles in The Ownership of Non-Fungible Token Assets

Muhammad Asrul Maulana, Fajar Muharram, Kharisma Fatmalina Fajri
article en

Abstract

This research aims analysis of the civil evidentiary principle, ownership of Non-Fungible Token assets can be proven through documents showing transfers from the previous owner to the current owner, as well as other evidence supporting the validity of the transaction. However, because NFT technology is still new and not fully legally recognized, further analysis is still needed to determine the appropriate mode of proof in this context. This study uses a normative method with a statutory approach (statute approach), as well as an analytical approach (analytical approach). The results of this study are to determine the principle of audi et alteram partem, the principle of ius curia novit, the principle of nemo testis indoneus in propria causa, the principle of ne ultra petita, the principle of de gustibus, non est disputandum, the principle of nemo plus juris transferre potest quam ipse habet on non-asset ownership Fungible Tokens. The principle of audi et alteram partem, which ensures that all parties have the right to be heard, upholds fairness in NFT ownership disputes by guaranteeing that each side has an opportunity to present their case.

International Journal of Law AnalyticsVol. 2(3)
Universitas Airlangga (ID), Islamic University of Indonesia (ID), Islamic University (BD), Universitas Muhammadiyah Sidoarjo (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
Legal Studies and Reforms
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