Validity of Crypto Asset (Bitcoin) as Object of Will: Comparative Study of Indonesia and El Salvador

This study aims to analyze the development of crypto asset regulations in Indonesia and El Salvador and the validity of wills with crypto asset objects (bitcoin) in Indonesia and El Salvador. The type of research used is normative legal research. The results of the study show that the development of crypto asset regulations in Indonesia only recognizes crypto as a commodity that has been accommodated in the Minister of Trade Regulation Number 99/2018, and followed up by several Bappebbti regulations. In contrast to the development of crypto asset regulations in El Salvador, the country is known as the first country to recognize bitcoin as a legal tender equivalent to the US dollar, as stated in the Bitcoin Law or in Spanish, Ley Bitcoin, pronounced [lej bio' kojn]. Making a will with the object of crypto assets (bitcoin) in Indonesia can be recognized or legal, because based on the characteristics of crypto (bitcoin) it has met the requirements as an object as in Book II of the Civil Code Articles 499 and 503 as an intangible object that has economic value, as stated in the regulation of the Minister of Trade number 99 of 2018 which stipulates crypto assets as commodities that can be used as the subject of traded futures contracts. In El Salvador, making a will with the object of crypto assets (bitcoin) is legal to do because in the El Salvador bitcoin law, bitcoin is recognized as a digital commodity and as a legal means of payment equivalent to the US dollar.

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Publication Details

Journal
Journal of Frontiers in Multidisciplinary Research
Published
2025-01-01
DOI
https://doi.org/10.54660/.ijfmr.2025.6.1.73-79
Primary Topic
Islamic Finance and Communication
Type
article
Field-Weighted Citation Impact
0.00
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article

Validity of Crypto Asset (Bitcoin) as Object of Will: Comparative Study of Indonesia and El Salvador

Diangsa Wagian, Ira Juwita, Salim HS
Journal of Frontiers in Multidisciplinary Research
Islamic Finance and Communication
article

Validity of Crypto Asset (Bitcoin) as Object of Will: Comparative Study of Indonesia and El Salvador

Diangsa Wagian, Ira Juwita, Salim HS
article en

Abstract

This study aims to analyze the development of crypto asset regulations in Indonesia and El Salvador and the validity of wills with crypto asset objects (bitcoin) in Indonesia and El Salvador. The type of research used is normative legal research. The results of the study show that the development of crypto asset regulations in Indonesia only recognizes crypto as a commodity that has been accommodated in the Minister of Trade Regulation Number 99/2018, and followed up by several Bappebbti regulations. In contrast to the development of crypto asset regulations in El Salvador, the country is known as the first country to recognize bitcoin as a legal tender equivalent to the US dollar, as stated in the Bitcoin Law or in Spanish, Ley Bitcoin, pronounced [lej bio' kojn]. Making a will with the object of crypto assets (bitcoin) in Indonesia can be recognized or legal, because based on the characteristics of crypto (bitcoin) it has met the requirements as an object as in Book II of the Civil Code Articles 499 and 503 as an intangible object that has economic value, as stated in the regulation of the Minister of Trade number 99 of 2018 which stipulates crypto assets as commodities that can be used as the subject of traded futures contracts. In El Salvador, making a will with the object of crypto assets (bitcoin) is legal to do because in the El Salvador bitcoin law, bitcoin is recognized as a digital commodity and as a legal means of payment equivalent to the US dollar.

Journal of Frontiers in Multidisciplinary ResearchVol. 6(1)
Openalex Percentile: Top 93%
Islamic Finance and Communication
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