Position of Digital Assets Under Civil Law in Relation to Joint Property in Marriage

Abstract

This study examines the legal status of digital assets under Indonesian civil law in relation to marital joint property and analyzes whether digital assets acquired during marriage may be classified as jointly owned property. The research employs a normative legal research method using statutory, conceptual, and comparative approaches. Primary legal materials include the Indonesian Civil Code, the Marriage Law, the Compilation of Islamic Law, and regulations governing digital financial assets, supported by secondary legal literature and qualitative legal analysis.The findings demonstrate that digital assets possess the legal characteristics of intangible property because they have economic value, can be exclusively controlled, and are transferable. Accordingly, digital assets acquired during marriage may be recognized as marital joint property, while premarital digital assets remain separate property unless commingled with jointly owned assets. However, legal uncertainty persists regarding ownership verification, valuation, and distribution during divorce. Strengthening statutory regulation and judicial guidelines is necessary to ensure legal certainty, fairness, and effective legal protection in resolving disputes involving digital assets within Indonesia's marital property regime.