ANALISIS YURIDIS AGUNAN BERUPA ASET KRIPTO DALAM PENERAPAN PRINSIP 5C PEMBERIAN KREDIT PERBANKAN

Abstract

This research will examine from a juridical perspective whether crypto assets
can be used as collateral in the application of the 5C principles of banking credit
issuance. This research is a normative legal study that employs a statutory
approach. The primary legal materials used include the Civil Code, Law Number
10 of 1998 concerning Amendments to Law Number 7 of 1992 on Banking, Law
Number 32 of 1997 on Commodity Futures Trading, Law Number 42 of 1999 on
Fiduciary Guarantees, and secondary legal materials such as books, journals, and
the findings of other research related to the issue. The results of this study
indicate that crypto assets can be used as collateral in banking credit issuance,
either through pawn or fiduciary institutions, each of which has its own
characteristics. Therefore, the appropriate collateral institution will depend on
the preferences of the debtor and the creditor. It is important to identify legal
risks and other associated risks, such as price fluctuations, so that crypto assets
can be used as additional collateral rather than primary collateral.
Keywords: Aset Kripto, Prinsip 5C, Kredit Perbankan