Intellectual Property has been a classic and time-tested pillar of economic growth, an innovation engine, and a generator for creativity, and technological advancement. However, the 21st century marks the dawn of the Fourth Industrial Revolution, one where the physical, digital, and biological worlds come together.This technological revolution, fuelled by breakthroughs in AI, blockchain, and decentralized economies, has spawned revolutionary shifts in the production, monetization, and taxation of intellectual property.In 2025 and beyond, traditional IPR thinking will be disrupted by the advent of a new generation of intangible assets in the form of inventions created by AI and holographic trademarks, virtual property, and non-fungible tokens. Not only do they disrupt the ownership legal regimes, but also exert pressure on the old tax systems built during the industrial age. While these intangible assets become the centre of the global economy, the existing tax systems lack the capability to manage the complexities of the digital era.We examine in this paper the challenges posed in the taxing intellectual property regime in India and the possible solutions. As the internet and metaverse grow, there is an urgent need to reexamine Indian taxation laws in taxing intangibleproperty like taxation in IPR.
This study aims to analyze the implementation of smart contracts in digital business practices and to assess their legal certainty from a civil law perspective. This research employs a normative legal research method using statutory and conceptual approaches, focusing on the Indonesian Civil Code, the Law on Electronic Information and Transactions, and the Law on Financial Sector Development and Strengthening. The findings indicate that smart contracts can be legally recognized as valid agreements provided they fulfill the essential requirements of contract validity, namely consent, legal capacity, a specific object, and a lawful cause. However, the automated and code-based nature of smart contracts poses challenges in interpreting the parties’ intent, verifying legal capacity, and determining lawful cause. Therefore, stronger regulatory frameworks and hybrid contract models are necessary to ensure legal certainty for smart contracts in Indonesia.
The global expansion of Bitcoin and cryptocurrencies brings unanswered questions of the Islamic finance that are legal in nature. The existing research is divided into two camps, namely, total prohibition, or conditional acceptance. It is a thematic analysis of 32 public fatwas (2014-2024) of 12 Islamic jurisdictions in the first systematic analysis. The application of cryptocurrencies and their Shariah acceptability are analyzed. This paper applies the six-stage model offered by Braun and Clarke and it establishes five key jurist themes. The former theme is the ambiguity of the issue of whether cryptocurrencies are to be treated as mal (property) or thamaniyyah (money). The second theme talks about gharar, i.e., excessive uncertainty that is caused by volatility, lack of transparency and regulatory instability. The third theme concerns speculation by trading which is similar to maysir (gambling). The fourth theme is about mafsadah, which is harm to society and includes illicit use, environmental costs and inequality. Lastly, the fifth theme is on interpretations and deviations which form conditional permissibility in the presence of regulation and transparency, which minimises the risks of jurisprudence. The findings indicate that juristic disagreement is not an issue of inconsistency but the use of the various kinds of reasoning on novel financial technologies. The study paves the way in the study of Islamic-finance, by transforming the disjointed textual load of fatwa into a juristic map, which articulates the reasons behind the variance of rulings, as opposed to how they vary. This paper can be used by Shariah boards, regulators, and developers of digital assets to take action on implementing maqasid al-Shari, in the regulation of digital assets.
Gamitra Anwar, Sholahuddin Al-Fatih, Sofyan Noor Arief
This study analyzes the fundamental regulatory disharmony concerning Non-Fungible Tokens (NFTs) and smart contracts within the Indonesian Civil Law system. The root of the problem is identified as a rechtsvacuüm (legal vacuum) and the "ontological silence" of the Indonesian Civil Code (KUHPerdata), which fails to provide a definitive property status (zaak) for digital assets. This failure of the lex generalis triggers a "Regulatory Trilemma," wherein the status of NFTs is fragmented among the commodity regime (Bappebti), property law (KUHPerdata), and Intellectual Property Rights (Copyright Law). This normative-juridical research finds that such disharmony creates a domino effect in two realms. First, it threatens the substantive validity of smart contracts regarding the objective requirement of "a certain subject matter" (Article 1320 of the KUHPerdata) and confronts the adage 'code is law' with the principle of "good faith" (Article 1338 of the KUHPerdata). Second, the potential of NFTs as objects of fiduciary guarantee (UUJF) becomes practically paralyzed due to fundamental obstacles in valuation, registration (centralization vs. decentralization), and execution (private keys). Through a comparative law approach utilizing the Singaporean ruling of Janesh v. Chefpierre, this study recommends the adoption of "functional reasoning" through judicial rechtsvinding and legislative reform of the KUHPerdata to fill the legal void.
Carlos Alberto Durigan, Fernando José Barbin Laurindo
Blockchain is a Distributed Ledger Technology (DLT) which supports cryptocurrencies, Decentralized finance (DeFi) is a blockchain-based financial infrastructure, the term generally refers to an open, permissionless, and highly interoperable protocol stack built on public smart contract platforms, such as the Ethereum blockchain. DeFi does not rely on intermediaries and centralized institutions. Instead, it is based on open protocols and decentralized applications (Dapps). Considering that there are many digital coins, stablecoins and recently the advent of central bank digital currencies (CBDCs by Central Banks) and tokenized assets it is important to observe that these protocols may interact among themselves. These IT protocols interactions may be complex and there should be effective IT governance frameworks to guide points like interoperability and interconvertibility of digital assets based on DLTs protocols. IT governance framework based on these technologies is still a challenge in the literature. Considering these points, this paper seeks to explore literature through a Systematic Literature Review methodology in order to find the state of the art about this theme. Results show that Literature explore DLT governance as a whole, including information technology (IT) aspects. However, there is a lack in the literature about IT governance for interoperability and interconvertibility among complex DLT protocols interactions. Discussions, future research, limiting factors and conclusions are fully stated. Keywords: Distributed Ledger Technology (DLT), IT Governance, Central Bank Digital Currency (CBDC), Tokenization, Decentralized Finance (DeFi).
Mila Dwi Rahmatya, Mohd Syahiran Abdul Latif, Mohd Hapiz Mahaiyadin, Mohd Sirajuddin Siswadi Putera Mohamed Shith
Decentralized Exchanges (DEX) powered by immutable and automated smart contracts have revolutionized cryptocurrency trading by eliminating intermediaries. However, the alignment of their mechanisms with Islamic principles of sale and purchase remains unclear. This study conducted a qualitative analysis to assess the sharia compliance of DEXs. This research examines the conformity of DEX trading mechanisms with sharia principles by utilizing content and normative analysis of classical and contemporary Islamic finance literature alongside DEX-related articles, white papers, and industry reports. The findings reveal critical areas of non-compliance, particularly concerning contracting parties ('aqīd) and subject matter (mabī'). DEXs lack mechanisms to verify the legal capacity of transacting parties, potentially enabling involvement from individuals deemed incompetent under sharia. Cryptocurrencies as a medium of exchange also raise concerns because of their ambiguous nature as commodities or currencies, potentially leading to gharar (uncertainty) and ḍarar (harm). While certain aspects, such as the clarity of offer and acceptance (ijāb wa qabūl) through smart contracts and specific traded assets, such as certain tokens and NFTs, might align with sharia, the overall risks associated with speculation and inherent uncertainties necessitate caution. This study recommends that Muslims approach DEXs with caution until clear guidelines and sharia-compliant platforms are established. Furthermore, increased scrutiny from Islamic scholars and regulatory bodies is crucial for ensuring this rapidly evolving technology's ethical and compliant development. Abstrak Decentralized Exchanges (DEX) yang didukung oleh smart contracts telah mengubah perdagangan mata uang kripto dengan menghilangkan peran perantara. Namun, kesesuaian mekanisme DEX dengan prinsip jual beli dalam Islam masih menjadi perdebatan. Studi ini melakukan analisis kualitatif untuk menilai kepatuhan DEX terhadap syariah. Metode analisis konten dan normatif digunakan berdasarkan literatur keuangan Islam klasik dan kontemporer, serta artikel, white papers, dan laporan industri terkait DEX. Hasil penelitian menunjukkan beberapa aspek kritis yang tidak sesuai dengan syariah, terutama terkait pihak yang berkontrak ('aqīd) dan objek akad (mabī'). DEX tidak memiliki mekanisme untuk memverifikasi kapasitas hukum pihak yang bertransaksi, sehingga berpotensi melibatkan individu yang tidak kompeten menurut syariah. Selain itu, status mata uang kripto sebagai alat tukar menimbulkan ketidakpastian terkait posisinya sebagai komoditas atau mata uang, yang dapat mengakibatkan gharar (ketidakpastian) dan ḍarar (kerugian). Meski beberapa aspek seperti penawaran dan penerimaan (ijāb wa qabūl) melalui smart contracts sesuai syariah, risiko spekulasi tetap tinggi. Oleh karena itu, studi ini merekomendasikan kehati-hatian bagi umat Muslim dalam menggunakan DEX hingga panduan syariah yang lebih jelas tersedia, serta pengawasan ulama dan regulator yang lebih ketat diperlukan.
Ossama Billy Ibrahim, Muhammad Khoirul Abror, Nur Aisyah, Putri Noer Rahmawati · 5 authors
The phenomenon of Non-Fungible Token (NFT) trading has grown rapidly and has emerged as a promising new digital economic instrument. However, this development is accompanied by an increasing prevalence of scams within the NFT ecosystem, such as rug pulls, phishing, replay attacks, and falsified copyright claims over digital works. Indonesia currently lacks a regulatory framework that specifically governs NFT transactions or provides legal protection for consumers participating in them. This study aims to classify the various forms of NFT scams based on their juridical and technological characteristics, and to assess the adequacy of existing legal instruments in Indonesia, including criminal fraud provisions, consumer protection laws, electronic transaction regulations, and intellectual property rights. The research employs normative legal methods, focusing on statutory and conceptual approaches, as well as an examination of global practices in digital asset regulation. The analysis reveals a regulatory gap, particularly concerning marketplace liability, smart contract due diligence mechanisms, and cross-jurisdictional law enforcement. Therefore, the establishment of a specific regulatory framework that is risk-based, technologically adaptive, and oriented toward digital consumer protection is necessary.
Diana Georges Freiha, Márcia Michele Garcia Duarte
A transformação digital criou um cenário no qual as transações comerciais se desenvolvem de forma instantânea, valendo-se de intermediários digitais. Os contratos inteligentes ou smart contracts emergem como uma resposta tecnológica a essa nova realidade que pressupõe respostas muitas das vezes transfonteiriças. Com a promessa de oferecimento da transação comercial com baixo custo operacional e célere, vale-se da linguagem comum, o código, para a execução das relações contratuais por intermédio de cláusulas autoexecutáveis. Esses modelos de contrato tomam papel de destaque a partir da apontada crise suportada pelo Poder Judiciário frente à sobrecarga de processo, passando a ser vistos como uma promissora ferramenta de desjudicialização. Defende-se, no presente trabalho, contudo, que o uso de ferramentas inteligentes deve ser feito com cautela, diante dos inúmeros problemas que podem surgir, pois não se deve obliterar que se trata de um campo novo a ser explorado, em que ainda não há acuidade nos resultados gerados pelos artefatos inteligentes. Isso poderá ocasionar um efeito adverso, ou seja, intensificar ainda mais a procura pelo Poder Judiciário, principalmente diante das hipóteses de incidência de erro de programação ou vício de consentimento. A metodologia a ser empregada está assentada na pesquisa bibliográfica pela análise teórica.
Purpose: This article aims to analyze the adoption stage of smart contracts in the most representative South American countries, considering legal, institutional, technological aspects and ongoing practical initiatives. Methodology: The study adopts a qualitative approach, based on documentary and bibliographic research. Legislation, court decisions, bills, governmental and business initiatives in seven South American countries were examined. Data collection involved official primary sources and a structured digital survey. Findings: The findings show that all analyzed countries legally recognize electronic signatures, providing a favorable environment for implementing smart contracts, even in the absence of specific legislation. Brazil stands out with bills under discussion. Colombia, Peru, and Paraguay present significant pilot initiatives in both public and private sectors. Contributions: The study proposes a comparative analytical model that synthesizes the maturity level of smart contract adoption in South America. By articulating legal, institutional, and technological dimensions, the article contributes to academic debate and provides insights for public policy and regulatory harmonization strategies.
Hau Vasio Sarmento Soares, Sundaru Guntur Wibowo, Syahrul Anwar
This study analyzes the legal framework of Non-Fungible Token (NFT)-based digital vaccine certificates in the context of digital free trade, focusing on security, privacy, and international recognition. Using normative and comparative legal research methods with a multidisciplinary approach, the study integrates perspectives from law, digital technology, and international policy. The study examines three main aspects: first, security, evaluating how NFTs ensure authenticity, data integrity, and protection against manipulation through encryption, blockchain, and smart contracts; second, privacy, analyzing how personal data and the privacy rights of certificate holders are protected under national and international regulations, emphasizing data minimization, user consent, and secure access; and third, international recognition, assessing the extent to which NFT-based certificates can be recognized globally, highlighting regulatory harmonization and legal barriers. The findings indicate that NFT-based vaccine certificates provide strong technical security and privacy protection, but legal recognition across jurisdictions remains inconsistent. The study concludes that while NFTs have significant potential to facilitate secure and verifiable digital health credentials in global trade, harmonization of national and international regulations and the implementation of legal standards are crucial to ensure their effectiveness and legal validity worldwide.
Petronela Alice Grigorescu, Alexandru Cătălin Neagu, Cătălin Alexandru, Marius Dan Coman
In an era of rising digitalization, terms focused on blockchain, smart contracts, and artificial intelligence are becoming increasingly prominent both theoretically and practically in financial markets and implicitly in the performance of businesses. Considered the second blockchain in the world, smart contracts are designed to automate the agreement between the contract creator and recipient in a time-efficient manner for both participants. The purpose of this article is to present the benefits of using smart contracts in blockchain applications. The research methodology will thus involve a qualitative analysis of specialized publications, specifically a review that examines the effects of using smart contracts from 2015 to 2024. The results obtained from the research illustrate the benefits generated by using this type of blockchain and build support for professionals as well as for companies.
This study examines the legal validity of contracts generated by AI-based smart contract generators from the perspective of Indonesian civil law, in comparison with French law. The background lies in the development of Society 5.0, the use of blockchain and AI in contract drafting, and the absence of specific regulations on smart contracts and generators in Indonesia. This research analyses contracts produced by smart contract generators, the legal framework governing the use of smart contract generators in contract formation in Indonesia and France, and the implications of this comparative analysis for strengthening legal certainty regarding smart contract generators in Indonesia. The study is a normative juridical research using statutory and comparative approaches, relying on primary legal materials, namely the Indonesian Civil Code, the Electronic Information and Transactions Act, the French Civil Code and AI regulations, as well as secondary materials on smart contracts, blockchain, and AI. The results show that contracts generated by such tools have the characteristics of automation, immutability, transparency, security, and decentralisation, but from a legal standpoint must still satisfy the general requirements for a valid agreement. In Indonesia, smart contracts can in principle be classified as electronic contracts insofar as they comply with Article 1320 of the French Civil Code, while the generator is viewed merely as a tool owned by the parties, with legal responsibility placed on users and a remaining regulatory gap on technical aspects. In France, smart contracts generated by AI are assessed under the general rules of contract law but are reinforced by the explicit recognition of DLT in financial law and a more developed AI supervision framework. Based on these findings, the study concludes that Indonesia needs to strengthen its national framework through explicit recognition of the contractual function of smart contracts, the adoption of technical standards and liability rules for generator providers, and the development of judicial and sectoral guidelines to ensure legal certainty and protect weaker parties.
A revolução tecnológica está transformando profundamente a sociedade, alterando a forma como nos organizamos politicamente e nos inserimos no tempo e no espaço. A introdução de novas tecnologias, no campo das contratações, tem propiciado, no âmbito privado, reflexões importantes sobre a possibilidade de utilizar a inteligência artificial e os smart contracts para resolver problemas como a incompletude contratual e o descumprimento de obrigações. O artigo tem por finalidade descrever como esse processo vem se desenvolvendo e avaliar a possibilidade de incorporar esses novos instrumentos às contratações públicas brasileiras, considerando as regras jurídicas aplicáveis a esse tipo de relação e as particularidades do arranjo institucional nacional.
The development of blockchain technology has given rise to new innovations in the form of smart contracts, which are widely used in digital asset transactions, including Non-Fungible Tokens (NFTs). One case that highlights this phenomenon is Ghozali Everyday, where smart contracts play a crucial role in regulating the buying and selling of NFTs. However, the implementation of smart contracts in Indonesia faces legal challenges, particularly regarding the use of cryptocurrency as a payment instrument, which is still prohibited by Bank Indonesia regulations, even though electronic contracts are recognized as valid by the ITE Law. This study uses a normative juridical method with a legislative and conceptual approach. The analysis is conducted using Hans Kelsen's Hierarchy of Norms theory and Gustav Radbruch's Legal Validity theory to assess legal certainty, fairness, and utility in regulating smart contracts and cryptocurrencies in Indonesia. The results show a conflict of norms that creates legal uncertainty and limited legal protection for digital asset transaction actors. Therefore, regulatory updates are needed that are adaptive, consistent with the hierarchy of laws and regulations, and provide more comprehensive protection for consumers and businesses.
The rapid growth of financial technology (fintech) has transformed the global economic landscape, including the Islamic finance sector, which seeks to align innovation with Shariah principles. This study aims to analyze the opportunities and challenges of applying blockchain technology and smart contracts in the Islamic fintech ecosystem, particularly in the context of strengthening Islamic financial principles in the digital era. It employs a Systematic Literature Review (SLR) approach combined with qualitative descriptive analysis of fifteen scientific articles indexed in Scopus, ScienceDirect, Garuda, and Sinta, covering the period from 2020 to 2025. The data was analyzed thematically to identify patterns of findings, research gaps, and academic and practical implications. The results indicate that blockchain technology and smart contracts have the potential to enhance transparency, efficiency, and accountability in Islamic financial transactions. Their implementation also opens opportunities for product innovation, such as smart sukuk and Islamic crowdfunding, which foster Shariah-based financial inclusion. However, challenges remain, including unclear Shariah digital regulations, technological complexity, low digital literacy, and issues of ethics and data security. The synthesis of findings highlights the need for collaboration among regulators, technology experts, and scholars to develop adaptive and Shariah-compliant fintech standards.
Arthur Carvalho, Ewerton Vinícius Pereira da Silva, Gustavo Carvalho Hamade
This scientific article analyzes Law No. 14,478/2022, the “Legal Framework for Cryptocurrencies” in Brazil. Adopting a legal-dogmatic approach, the study maps the regulatory advances, such as the creation of an initial normative framework, the criminalization of certain conducts, and the formalization of consumer protection. Conversely, it explores the law’s limits and gaps, emphasizing the omission of asset segregation and the challenges posed by the decentralized nature of Decentralized Finance (DeFi) and tax uncertainties. A comparative analysis with the European Union’s MiCA Regulation contextualizes Brazil’s choice for a principles-based model. The study concludes that the law’s effectiveness will depend on infra-legal regulation and the legal system’s ability to adapt to the market’s dynamism.
A rápida expansão das criptomoedas transformou o cenário financeiro mundial ao introduzir novas formas de transação econômica baseadas em tecnologia digital descentralizada. No Brasil, o crescimento do uso do Bitcoin despertou atenção do meio jurídico devido ao potencial emprego desse ativo virtual em operações de ocultação patrimonial ilícita. O contexto impôs desafios regulatórios e investigativos ao ordenamento jurídico, exigindo respostas normativas para prevenir crimes financeiros digitais. O objetivo do estudo foi analisar a adequação do ordenamento jurídico brasileiro frente aos desafios impostos pela utilização do Bitcoin como instrumento de lavagem de dinheiro, especialmente após a promulgação da Lei 14.478/2022. A pesquisa utilizou abordagem qualitativa, método dedutivo e levantamento bibliográfico e documental, com base em doutrina, legislação e análise jurisprudencial. Antes da Lei nº 14.478/2022, o Poder Judiciário responsabilizava agentes envolvidos em crimes com criptoativos com fundamento na Lei nº 9.613/1998. Com o novo marco regulatório, houve fortalecimento de mecanismos de controle e rastreabilidade e ampliação do dever de cooperação de exchanges. A jurisprudência do STJ e do TRF-3 consolidou entendimento de que Bitcoin possui conteúdo econômico e pode ser objeto de medidas assecuratórias e responsabilização de intermediadoras digitais. O ordenamento jurídico brasileiro encontra-se em processo de adequação progressiva para responder a riscos jurídicos e financeiros vinculados ao uso ilícito de criptomoedas.
This study aims to: (1) examine the legal aspects of smart contracts in the Indonesian legal system and propose adaptations to existing laws and regulations to suit the characteristics of smart contract technology; (2) identify normative and implementative challenges in the legal adaptation process, such as normative gaps and the lack of a standard framework; and (3) formulate the direction of legal reform needed to form responsive and contextual smart contract regulations. Unlike previous studies which are generally descriptive and technological in nature, this study provides a legal contribution by mapping gaps in national contract law and presenting a comparative analysis as a basis for formulating a smart contract regulation model in Indonesia. This research uses a juridical-normative and empirical-qualitative approach, with a doctrinal legal analysis of the legislation, legal literature study, and in-depth interviews with legal practitioners and technology actors. The main findings of this research indicate that there is no legal framework that explicitly regulates the validity and execution of smart contracts, which creates legal uncertainty. Therefore, it is recommended that the principle of freedom of contract in the Civil Code be expanded to include digital contracts that are executed automatically. In addition, special regulations are needed in the form of derivative regulations or technical guidelines that bridge blockchain technology with national civil law principles. The practical contribution of this research is to provide a starting point for policymakers and academics in designing smart contract regulations in Indonesia that are comprehensive and responsive to technological developments, so that they can provide legal certainty while supporting digital innovation.
Objective: This study aims to comprehensively analyze the transformative potential of asset tokenization for Micro, Small, and Medium Enterprises (MSMEs) within the Decentralized Finance (DeFi) ecosystem, with a focus on opportunities, risks, and the hybrid governance architecture required. Research Design & Methods: This study uses a qualitative approach, combining a systematic literature review and case studies with thematic content analysis of secondary data from credible sources to identify patterns and key themes. Findings: Findings show that tokenization of MSME assets offers significant opportunities, such as broader and faster access to funding through fractionalization of ownership, increased asset liquidity, operational efficiency, and enhanced transparency and security. However, this implementation is accompanied by various risks, including smart contract vulnerabilities, cyber attacks, blockchain scalability challenges, regulatory uncertainty, market volatility, and operational risks related to reliance on off-chain third parties. A hybrid governance architecture that integrates on-chain and off-chain elements is essential to mitigate these risks. Implications & Recommendations: This study indicates that tokenization can be an essential bridge for MSMEs to enter the global digital economy, but it requires improved digital literacy and technological readiness. For investors, it offers new diversification opportunities with inherent risks. Policy recommendations include adaptive regulation, simplified compliance, digital education, infrastructure strengthening, utilization of regulatory sandboxes, and cross-sector collaboration and standardization. Contribution & Value Added: This study presents a comprehensive framework for tokenizing MSME assets, offering practical guidance for various stakeholders to promote financial inclusion and equitable economic growth.
O presente estudo busca analisar os non fungible tokens em uma perspectiva jurídica, analisando, prioritariamente, suas possíveis interações com o direito de propriedade. Para tanto, a blockchain, na qual os NFTs são emitidos, será exposta como resposta tecnológica à escassez em ambiente virtual, o que tornava questionável a necessidade de tutela proprietária em tal contexto. Na sequência, será proposta, aos NFTs, a natureza de título atributivo multipropósito, expondo-se, também suas possíveis aplicações no mercado imobiliário.
The article examines the economic and organizational efficiency of implementing smart contracts based on blockchain technology in the public procurement system of the construction sector of the Russian Federation and St. Petersburg. Relevance research conditioned by the need to increase transparency, reduce transaction and administrative costs, and speed up procurement procedures in the context of large-scale public investment and limited budget resources. The paper develops a methodology for quantitatively assessing the economic effect of using smart contracts, including an analysis of direct savings in budget funds, reduced procurement processing time, and increased capital turnover. Based on official statistics and economic and mathematical modeling, it is shown that the introduction of smart contracts can reduce costs by 10% of the total volume of purchases, which is equivalent to savings of about 550 billion rubles for the Russian Federation and 68.2 billion rubles for St. Petersburg. Additional savings are achieved by reducing the average procurement processing time from 15 to 10 days, which leads to a decrease in administrative costs by 8.15 billion rubles and 1.13 billion rubles, respectively. A comprehensive assessment of the total economic effect confirms the high feasibility of digitalizing procurement procedures using smart contracts, which can become the basis for further transformation of the public finance management system and increasing the efficiency of using budget funds in the construction industry.
Universitas Indonesia, Sendrawan Tjhong, Rosa Agustina, Edmon Makarim · 6 authors
Inheritance laws regarding the transfer of digital property after someone’s death is a relatively new and evolving area of legal consideration. Inheritance laws were developed long before the widespread adoption of digital property, such as cryptocurrencies, non-fungible tokens (NFTs), online accounts, and other forms of digital property. Therefore, existing inheritance laws often lack clear guidance on how to handle the legal transfer of these digital assets upon the owner’s death. This article aims to analyze the legal concept of digital property to be inherited and provide solutions for current digital property inheritance issues from a notarial perspective. To conduct a thorough analysis on digital property inheritance law and how notaries should play a role in digital inheritance matters, this study employs a doctrinal legal analysis of current national and international laws and regulations pertaining to digital property succession; comparative legislative studies examining proposed policies across jurisdictions to garner real-world insights into the operational challenges, emerging practices, and pragmatic considerations surrounding notary participation in digital inheritance procedures. Updating inheritance laws to address the transfer of digital property is crucial in order to protect the rights and interests of individuals, promoting legal certainty, and ensuring that these valuable assets are properly accounted for and transferred to rightful heirs or beneficiaries. The law of property in the Indonesian Civil Code needs to be immediately adjusted to the development of the digitalization era. This article suggests optimizing the role of notaries to create authentic deeds on digital property inheritance.
This research aims to examine the regulatory compliance aspects of smart contracts within the Indonesian legal system using a Systematic Literature Review (SLR) approach. The review focuses on how smart contracts are recognized and regulated within Indonesia’s legal framework, the challenges related to consumer protection, their compatibility with traditional contract principles, and comparisons with international regulatory standards. From a total of 158 relevant studies, 50 articles were selected based on multi-layered search strategies, citation chaining, and relevance scoring. The findings reveal that while Indonesia has established a normative legal basis for recognizing electronic contracts, significant gaps persist in enforcement, legal clarity, and consumer protection. The implications of this review highlight the need for regulatory reform, the standardization of legal frameworks, and the integration of interdisciplinary approaches to secure the application of smart contracts within Indonesia’s growing digital economy.
A smart contract is a computer protocol for creating or improving a contract. A smart contract allows for the creation of valid transactions without the need for an intermediary. With the advent of blockchain technology, the idea of smart contracts has received more attention and has found a wide range of applications. Privacy, digital assets, and data encryption are three important factors in the benefit of blockchain-based smart contracts. This article examines the impact of a blockchain-based approach on smart contracts in the development of e-commerce using data mining. The research method is descriptive with a data mining approach and regression computation, decision trees, and neural networks. The main objective of this research is to determine the impact of blockchain on smart contracts in the development of e-commerce using data mining. The predictive power of smart contracts based on blockchain is 55%, which shows a level higher than 0.5. Therefore it can be said that the proposed model has appropriate predictive power for examining smart contracts.