Rekonseptualisasi Perlindungan Hukum Bagi Pembeli Tanah Virtual di Metaverse

Abstract

This study aims to find the ideal concept of legal protection for virtual land buyers in the metaverse, so far the practice of buying and selling virtual land is carried out by buyers in the marketplace. In its development, the presence of smart contracts and NFT (non-fungible) gave birth to several problems that led to legal uncertainty. The results of this research are first, philosophically smart contracts are a form of agreement that contains an agreement between the parties that has a legal basis contained in Articles 1320 and 1338 of the Civil Code. NFT itself is categorized as an object as regulated in the Civil Code. In Article 499 of the Civil Code, objects are goods and every right that can be the object of property rights. NFT can be categorized in intangible digital goods. Digital goods which are intangible goods in the form of electronic information, as regulated by Government Regulation no. 80 of 2019 concerning Trading Through Electronic Systems. In addition, based on article 25 of Law Number 11 of 2008 concerning Electronic Information and Transactions which regulates electronic information and/or electronic documents compiled into intellectual works, internet sites, and intellectual works contained in them are protected as intellectual property rights under the provisions of legislation. And the ownership of the virtual land that has been purchased is protected by Law No. 28 of 2014 concerning Intellectual Property Rights.