Regulasi Kejahatan Siber Berbasis Aset Kripto dalam Hukum Pidana Indonesia

Abstract

The rapid development of blockchain technology and the cryptocurrency ecosystem over the past decade has generated a new criminal landscape that transcends conventional jurisdictional boundaries. Indonesia, as the country with the fourth-largest internet user population in the world and a rapidly growing crypto market in Southeast Asia, digital transformation accelerated by the COVID-19 pandemic has expanded the attack surface for cybercriminals, leading to a significant surge in digital asset investment fraud, crypto-based money laundering, Bitcoin-ransom ransomware attacks, and terrorism financing through blockchain networks. Global indicators of money laundering via crypto assets reached USD 8.6 billion (approximately IDR 139 trillion) in 2022, with some cases involving Indonesian-based perpetrators. Against this backdrop, Indonesia's criminal law framework anchored in the Electronic Information and Transactions Law (ITE Law), the National Criminal Code (Law No. 1 of 2023), and the Anti-Money Laundering Law has not fully kept pace with the complexity of crimes based on decentralized technology. This study aims to analyze the extent to which Indonesia's criminal law regulations are responsive to cybercrimes involving digital assets and blockchain, identify existing normative gaps, and formulate evidence-based policy recommendations drawing on comparative legal analysis with the United States, European Union, Japan, and Singapore. Using a normative juridical approach and comparative law techniques, this study concludes that while UU P2SK 2023 and POJK No. 27/2024 represent progress, Indonesia still requires specific legislation on digital asset crimes, enhanced blockchain forensic capacity among law enforcement agencies, and a more systematic international cooperation framework.