Prepared by JRCR Counselor At Law – October 2025
1. Regulatory Timeline
I. January 10th, 2025 – Effective date of OJK supervision over digital financial assets under
POJK No. 27/2024.
II. August 1, 2025 – New taxation regime for crypto transactions becomes effective, revising
VAT and income tax treatment.
III. Transition Period (2025) – Existing BAPPEBTI-licensed platforms must migrate licenses
and operational compliance to OJK oversight.
2. Who Is Regulated
Under POJK 27/2024, the following entities are directly regulated:
–
Digital asset exchanges and trading platforms.
–
Crypto custodians and clearing operators.
–
Token issuers offering tradable assets to the public.
–
Financial institutions integrating crypto-related services (subject to OJK approval).
Individual investors are not licensed entities, but are subject to taxation and reporting
duties under new rules.
3. Key Action Items for Clients
➢ Verify that your exchange or custodian is registered or transitioning to OJK licensing.
➢ Ensure crypto assets listed for trading are included in the official OJK/BAPPEBTI-approved
list.
➢ Update internal AML/KYC policies to align with OJK and PPATK requirements.
➢ Adjust tax calculations to reflect new rates and VAT treatment effective August 2025.
➢ Review client agreements and disclosures to reflect OJK jurisdiction and investor
protection clauses.
4. Sample Contract Clauses (Simplified Draft)
a. Licensing Representation Clause “The Company represents that it holds, or is in the
process of obtaining, all licenses and registrations required by the Otoritas Jasa Keuangan
(OJK) for the provision of digital asset services in Indonesia.”
b. AML/KYC Clause “Each Party agrees to implement customer due diligence (CDD) and
anti–money laundering measures consistent with OJK Regulation No. 27/2024 and PPATK
guidelines.”
c. Tax and Withholding Clause “The Parties acknowledge that transactions in digital assets
are subject to income tax and VAT as prescribed by the Ministry of Finance regulations
effective August 1st , 2025 and agree to comply with all tax reporting and payment
obligations.”
This memorandum is provided for general informational purposes only and does not constitute
legal advice. For tailored compliance or licensing assistance, please contact JRCR Counselor At
Law.
