Rahmah, Sherina Azkia and Prof. Dr. Sukarmi, S.H., M.Hum. and Hikmatul Ula, S.H., M.Kn. (2024) Urgensi Pengaturan Cryptocurrency Sebagai Instrumen Investasi Berdasarkan Perspektif Hukum Investasi Internasional. Sarjana thesis, Universitas Brawijaya.
Abstract
This study examines the urgent need to regulate cryptocurrency as an investment instrument within the framework of international investment law. The selection of this topic stems from the current lack of regulations addressing cryptocurrency in this context. To address this issue, the study poses two key questions: (1) What is the legal standing of cryptocurrency within international investment law?; (2) Why is it urgent to regulate cryptocurrency as an investment instrument under international investment law? The research employs a normative-juridical method, utilising statutory, conceptual, and case approaches. The legal materials collected are analysed through analogical reasoning grammatical and comparative interpretations. The findings indicate that, within international investment law, cryptocurrency is classified as a commodity and can be utilised for both direct and indirect investments. The urgency of regulating cryptocurrency as an investment instrument arises from the failure to meet the principles of Fair and Equitable Treatment and Full Protection and Security, the lack of consistent recognition across different countries, and existing legal gaps. Establishing such regulations is crucial to fostering a secure investment environment with legal certainty by taking into account principles, policies, and the practical application of these regulations. The OECD is proposed as a suitable body to develop these regulations in the form of guidelines, considering the increasing complexity and rapid development of cryptocurrency.
English Abstract
This study examines the urgent need to regulate cryptocurrency as an investment instrument within the framework of international investment law. The selection of this topic stems from the current lack of regulations addressing cryptocurrency in this context. To address this issue, the study poses two key questions: (1) What is the legal standing of cryptocurrency within international investment law?; (2) Why is it urgent to regulate cryptocurrency as an investment instrument under international investment law? The research employs a normative-juridical method, utilising statutory, conceptual, and case approaches. The legal materials collected are analysed through analogical reasoning grammatical and comparative interpretations. The findings indicate that, within international investment law, cryptocurrency is classified as a commodity and can be utilised for both direct and indirect investments. The urgency of regulating cryptocurrency as an investment instrument arises from the failure to meet the principles of Fair and Equitable Treatment and Full Protection and Security, the lack of consistent recognition across different countries, and existing legal gaps. Establishing such regulations is crucial to fostering a secure investment environment with legal certainty by taking into account principles, policies, and the practical application of these regulations. The OECD is proposed as a suitable body to develop these regulations in the form of guidelines, considering the increasing complexity and rapid development of cryptocurrency.
| Item Type: | Thesis (Sarjana) |
|---|---|
| Identification Number: | 052401 |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Unnamed user with username nova |
| Date Deposited: | 09 Jul 2024 08:16 |
| Last Modified: | 09 Jul 2024 08:16 |
| URI: | http://repository.ub.ac.id/id/eprint/223223 |
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