Ridhowan, Wiliam (2023) Perlindungan Hukum Pengguna Cryptocurrency Dalam Transaksi E-comerce. Other thesis, Universitas Islam Riau.

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Abstract

Increasing technological developments have led to various innovations, especially in investment products. One of these innovations is crypto assets which have been recognized as commodity products by the Indonesian government. Through CoFTRA regulations, the government is trying to protect crypto asset investments. However, in practice, regulations implemented by the government do not fully protect investors who invest in crypto assets. The main problem of this research is how are the legal arrangements for cryptocurrency users in e-commerce transactions? And How is the Legal Protection of Cryptocurrency Users in E-Commerce Transactions? The research method used in this study is This type of research is included in the Empirical Law research class, which is a study that aims to observe and describe the symptoms that occur both in natural and social phenomena, which occur at a certain time level. The results of the discussion of this study are government policies in preventing pump and dump practices regulated in legal regulations related to Commodity Futures Trading which explain that there is a prohibition on manipulation of the act of controlling most commodities, fictitious trading and disseminating false information, but there are no specific regulations regarding sanctions that can be imposed to prevent pump and dump practices in crypto asset trading. This resulted in no deterrent effect for the perpetrators. Legal protection for investors in unregistered crypto asset traders can be seen from the regulations set by the government, namely in the form of preventive legal protection, the government prohibits trading transactions carried out by physical traders who have not been registered or do not have certification and the dissemination of promises and fake news. Repressive legal protection can be carried out in 2 ways, namely non-litigation through the Commodity Futures Trading Arbitration Board (BAKTI) and litigation through courts where the government has made various regulations explaining that there are criminal witnesses and fines for physical traders who have not been registered with BAPPEBTI who commit crypto asset trading activities, may also be subject to fraud and/or embezzlement articles, as well as criminal sanctions and fines for promises and/or spreading fake news.

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