PENGGUNAAN ASET DIGITAL BITCOIN SEBAGAI JAMINAN BERBASIS FIDUSIA DI TINJAU DARI HUKUM PERDATA POSITIF DI INDONESIA

Bitcoin is a digital asset that has developed rapidly as an alternative investment, trading tool and payment system. Its use as collateral raises legal questions, particularly regarding the legality and certainty of transactions under Indonesian civil law. This study aims to analyse the legal framework for the use of Bitcoin as collateral, as well as identifying the obstacles and challenges that arise in its implementation. The research method used in this study is a normative approach with qualitative analysis, examining primary legal sources such as the Civil Code and crypto asset regulations (Bitcoin). and secondary and tertiary legal materials. The results of this study show that Bitcoin has been recognized by Bappebti and the Financial Services Authority (OJK) as a commodity that can be traded, especially in Indonesia, its use as a fiduciary guarantee has not been expressly regulated in Indonesian positive civil law. This creates legal ambiguity, especially regarding the recognition of ownership and rights to digital assets. The study concludes that regulatory harmonization and collaboration between institutions, such as Bank Indonesia and the Ministry of Trade, are needed to create a clear legal framework. Recommendations include the drafting of specific regulations governing the use of digital assets. Bitcoin as a fiduciary guarantee, as well as approaches including involving crypto industry players. Thus, the research can be expected to contribute to the development of civil law that changes towards the development of technology and digital finance.