NON-FUNGIBLE TOKEN (NFT) DALAM TINJAUAN HAK KEKAYAAN INTELEKTUAL DAN MAQĀSID SYARĪ’AH

Have you ever heard of Non-Fungible Token (NFT)? NFT is a unique and non-exchangeable digital asset. NFT can be art, music, items in games, photos, GIFs, and videos on the internet. NFT uses blockchain technology to verify the authenticity and ownership of the digital asset. However, the phenomenon of NFT also raises various legal issues both in positive law and Islamic law that need to be studied further. This study aims to provide an overview of these issues from the perspective of Intellectual Property Rights (IPR) law and Maqāsid Syarī’ah, especially Ḥifẓ al-Māl. Ḥifẓ al-Māl is one of the objectives of sharia that relates to the protection of property. This study uses a qualitative descriptive method with literature study as a data collection technique. The primary sources used are books, journals, scientific works, and legal documents related to NFT, IPR, and Maqāsid Syarī’ah. The data analysis technique used is content analysis combined with SWOT analysis. The results of this study show that the use of cryptocurrency in NFT transactions in Indonesia has strengths and weaknesses, opportunities and threats, as well as legal and regulatory issues that need to be considered. This study also provides recommendations for the development of legal science and digital business practices to create a fair, sustainable, and Islamic-compliant NFT ecosystem.