PERBANDINGAN PENGALIHAN HAK MILIK ASET KRIPTO MELALUI WARIS MENURUT HUKUM PERDATA INDONESIA DAN DELAWARE CODE

Abstract

Advances in information technology have given rise to digital assets in the form of cryptocurrencies, which possess economic value and are increasingly held by the public. This situation raises new legal issues in the context of inheritance, particularly regarding the transfer of ownership through inheritance of cryptocurrency assets, which are intangible, decentralised, and dependent on the control of private keys. Under Indonesian civil law, although the Civil Code stipulates that all property rights of the deceased pass to the heirs upon death, there are no explicit provisions regarding the mechanism for the transfer of ownership of cryptocurrency assets through inheritance, thereby creating legal ambiguity and uncertainty. This study aims to analyse and compare the legal provisions, mechanisms, and legal consequences of the transfer of ownership of cryptocurrency assets through inheritance under Indonesian civil law and the Delaware Code (State of Delaware, United States). The analysis was conducted qualitatively through a review of primary and secondary legal materials using grammatical, systematic, formal, and comparative interpretation methods, which were subsequently analysed prescriptively. The results of the study indicate that Indonesian law has not yet provided adequate legal certainty and remains dependent on platform policies, whereas Delaware already has clearer and more adaptive regulations. Therefore, legal reform is required to ensure certainty and the protection of heirs’ rights.