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

Abstract

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