Legal Certainty Regarding Execution Practicesnon-Fungible Tokenas An Object of Fiduciary Guarantee
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The development of blockchain technology has given birth to new digital assets, namely Non-Fungible Token (NFT). Its popularity has grown rapidly, transforming it from a mere digital collectible into a high-value investment instrument. This phenomenon opens up opportunities for NFTs to be utilized in various financial sectors, including as collateral. Its significant economic potential drives the need to examine its legal position within the existing financial system. Despite its economic value, the legal status of NFTs as fiduciary collateral in Indonesia remains unclear. The current Law Number 42 of 1999 concerning Fiduciary Collateral is designed for conventionally recognized tangible and intangible movable objects. The absence of specific regulations governing digital assets such as NFTs creates a legal vacuum, creating uncertainty for parties seeking to utilize them. This research is a legal research (doctrinal research) with a legal approach (statues approach), conceptual approach (conceptual approach), and analytical approach (analytical approach). The results of this study explain that first, the existence of Non-Fungible Token The development of NFTs as digital assets in Indonesia began with the development of the digital economy and increased public interest in using investment instruments. Second, the lack of specific regulations for NFTs as fiduciary collateral creates a significant legal vacuum, and the current Fiduciary Guarantee Law is not designed to accommodate the unique characteristics of digital assets, such as value volatility and technical identification. Third, accurately identifying NFTs during the execution process is a fundamental challenge. Unlike physical assets, NFTs can only be recognized through a series of cryptographic data such as token IDs and complex contract addresses. Current regulations fail to accommodate their unique characteristics related to classification, valuation, and registration and execution mechanisms. This situation creates significant legal uncertainty, thus creating high risks for the parties involved. The recommendation for this issue is the need for the government to immediately revise fiduciary guarantee regulations or establish specific regulations for digital assets. In the meantime, the government can create regulations in the form of Government Regulation in Lieu of Law (Perppu) or Supreme Court Rules (Perma) so that the legitimacy of digital asset objects such as NFTs is legally recognized as a class of movable and intangible assets in fiduciary guarantees.
Ida Ayu Dwi Indah Jayanti, et al., “The Legal Status of Non-Fungible Tokens as Collateral Objects: A Legal Certainty Perspective.” Locus. Volume 5, Number 3, December 2025. Pp. 380-389
Iqbal and Noor Saptani, “Non-Fungibe Tokens as Fiduciary Guarantee Objects to Optimize Intellectual Property Rights.” Referendum: Journal of Civil and Criminal Law. Vol. 1 No. 3, 2024, pp. 170-178
Julian, et al., “NFT (Non-Fungible Token) as Collateral”. Journal of Notarial Law. Vol.6 (1). 2026. Vol.19-38
Mukti Fajar and Yulianto Achmad, 2010, Dualism of Normative Legal Research and Empirical Law, Student Library, Yogyakarta,
Nadya Olga Aletha, “Understanding Non-Fungible Tokens (NFTs) in the Crypto Art Industry,” 2021 (https://cfds.fisipol.ugm.ac.id), accessed on April 15, 2026
The Islamic Jurisprudence View of Non-Fungible Transactions. (n.d.). Retrieved fromhttps://pdfs.semanticscholar.org/fa7b/24c696bf7547c29aeba50368489c912b1b40.pdf
Legal protection for clients in transactionse-commerce .... Retrieved from https://dspace.uii.ac.id/bitstream/handle/123456789/9394/DISERTASI%2032.pdf?sequence=1&isAllowed=y
Putri Azura Hana Haryadi, "Analysis of the Validity and Potential of Non-Fungible Tokens as Fiduciary Guarantee Objects". 2024. pp. 1-10
Ranti Fauzan Mayana, et al., "Intellectual Property Development & Commercialization of Non-Fungible Tokens (NFT): Opportunities, Challenges, and Legal Issues in Practice." Acta Djurnal Jurnal Ilmu Hukum Kenotariatan. Vol. 5. No. 2. 2022. pp. 202-220
Siti Saroh, et al., "Analysis of Non-Fungible Token (NFT) Digital Transactions as an Investment Instrument from an Islamic Economic Perspective”. Scientific Journal of Islamic Economics, 9(01), 2023. pp. 378-386
Seyed Motjaba Hosseini Bamkan et al, “Patens and Intellectual Property Asset as Non-Funglibe Tokens: Key Technologies and Challenges. “Scientific Reports 12, No.1, 2022, hlm.1-13.
Law Number 42 of 1999 concerning Fiduciary Guarantees
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