ANALISIS YURIDIS CRYPTOCURRENCY SEBAGAI JAMINAN DALAM PRESPEKTIF JAMINAN FIDUSIA

Cryptocurrency is a virtual currency system that functions like standard currency, allowing users to make virtual payments for business transactions that occur. However, over time, its perspective and function have expanded. In this case, it is proven by the use of cryptocurrency as collateral, based on this, it can be conceptualized that cryptocurrency can be used as an object of fiduciary collateral. The main issue is about the procedures, risks and execution of the cryptocurrency collateral if the debtor defaults. This type of research is normative juridical. The data the author uses is secondary data in the form of primary, secondary and tertiary law. The results of this research are that if the debtor defaults on fiduciary collateral using cryptocurrency, then the confiscation of cryptocurrency collateral can be carried out in accordance with the application procedure to the court or outside the court in accordance with Constitutional Court Decision No. 18/PUU/XVII/2019 which states that not all executions of fiduciary collateral objects must be carried out through court. Cryptocurrency has the specialty of being a commodity that has rights or interests, in the form of a digital asset and can be owned by individuals or legal entities, and can be classified into material law which provides guarantees that all ownership rights can be proven, so that it can be used as a breakthrough or development in legal guarantees, especially as an object of fiduciary guarantee. In addition, cryptocurrency can only be used as additional collateral, not as principal collateral, because the nature of cryptocurrency has very volatile prices.