Deputy Chief Justice Saldi Isra, Justice Ridwan Mansyur, and Justice Arsul Sani during the judicial review hearing of Electronic Information and Transactions (EIT Law) to examine the petition revision at the Panel Courtroom, Tuesday (20/5). Photo by MKRI/Panji.

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Jakarta (MKRI)—Three students of Universitas Jenderal Achmad Yani Yogyakarta, Zidane Azharian Kemalpasha, Kaila Juliana Rifalda, and Ilhan Julian Rifaldo, delivered a petition revision to the Constitutional Court on the material judicial review of Law No. 11 of 2008 on Electronic Information and Transactions (EIT Law) against the 1945 Constitution of the Republic of Indonesia. According to them, the absence of regulation of digital assets in the norms created legal uncertainty. Meanwhile, nowadays, digital assets regulation is vital.

“Regulation in this matter is important due to the massive use of digital assets, starting from street vendors to supermarket traders,” legal counsel Putu Surya Permana Putra stated in the hearing to examine the petition revision. The hearing of Case No. 51/PUU-XXIII/2025 was held on Tuesday, May 20, 2025. The case was heard by the Panel of Justices presided over by Deputy Chief Justice Saldi Isra, accompanied by Justice Ridwan Mansyur and Justice Arsul Sani.

The Petitioners revised the norm tested from Article 1 point 4 of the EIT Law to Article 5 paragraph (3) and Article 7 of the EIT Law. The Petitioners stated that the phrase “digital assets” in Indonesian legislation is unavailable.

The legislations that come close are several articles in EIT Law, Financial Service Authority Regulation No. 27 of 2024 on the Implementation of Digital Financial Assets Trading including Crypto Assets, and Regulation of the Commodity Futures Trading, Supervisory Agency No. 13 of 2022 on Guidelines for the Implementation of Physical Market Trading of Crypto Assets on Futures Exchanges. However, Article 1 point 4 of the EIT Law only explains the definition of electronic documents, while the other regulations only mention financial digital and crypto assets. However, digital and financial assets are two different things.

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Petitioners Request EIT Law to Regulate Digital Assets Inheritance

According to the Petitioners, the absence of specific provisions on digital inheritance in EIT Law created legal uncertainty in the management and division of assets. It made it difficult for inheritors and legal practitioners to decide on a proper method of managing and dividing the assets. The Petitioners argue that a regulation update is needed to accommodate the complexity of inheritance in this digital era.

In the current digital transformation era, digital assets have become inseparable from the life of society, such as the use of digital wallets, crypto assets, and Non-Fungible Tokens (NFTs). Such assets represent legal economic values and wealth in the socio-economic practice, which includes professional and digital industry practitioners and the wider society, such as street vendors, online ride-sharing drivers, and small and medium businesses. They are familiar and use digital assets as transaction tools and investments.

In the petitums, the Petitioners requested the Court to declare Article 5 paragraph (3) of the EIT Law contrary to the 1945 Constitution of the Republic of Indonesia as long as it is not interpreted as “Electronic information and/or electronic documents also include the ownership proof, existence, and transaction of digital assets such as cryptocurrencies, digital tokens, social media accounts, and other forms of digital assets.” They also requested to declare Article 7 of the EIT Law contrary to the 1945 Constitution of the Republic of Indonesia as long as it is not interpreted as “the rights which are declared, strenghten, or rejected based on Electronic Information and/or Electronic Document also include the ownership of digital assets, such as social media accounts, cryptocurrencies, digital tokens, and other forms of digital assets.”

Author: Mimi Kartika.

Editor: Nur R.

PR: Andhini SF.

Translator: Rizky Kurnia Chaesario

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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