STATUS HUKUM ASET KRIPTO SEBAGAI HARTA WARISAN DAN PROBLEMATIKA PERALIHAN HAKNYA MENURUT HUKUM POSITIF DI INDONESIA

The disruption of blockchain technology has given rise to crypto assets as a new class of wealth with high economic value. However, the acceleration of its adoption has not been matched by the readiness of the national inheritance law infrastructure, creating a legal gap that risks the destruction of assets after the owner's death. This study aims to analyze the legal construction of crypto assets as legitimate objects of inheritance and examine the legal problems of transferring their rights in the Indonesian legal system. Using a normative juridical method with a statutory and conceptual approach, this study examines the harmonization between the Civil Code and the latest financial sector regulations. The results and discussion of the study indicate that, legally, crypto assets are qualified as Intangible Movable Assets under Article 499 of the Civil Code and are affirmed as Digital Financial Assets through the P2SK Law and POJK Number 27 of 2024, thus legally standing as inherited assets (nalatenschap) that are automatically transferred based on the Saisine Principle. However, at the implementation level, an executorial deadlock was found due to the sharp dichotomy between Legal Title and Actual Control, where the characteristics of blockchain encryption make inheritance rights non-executable if the heirs do not have access to the private key. This condition is exacerbated by the lack of norms in the Financial Services Authority (OJK) regulations that do not yet regulate customer death protocols and the practice of unilateral exoneration clauses by Exchanges. As a solution, a legal construction of a "Digital Will" is needed that places the Notary as a Trusted Third Party and OJK regulatory intervention to require the Beneficiary Designation feature to ensure legal certainty for heirs.