Dion Azriel, . (2023) PENEGAKAN HUKUM BINARY OPTION DENGAN KEBIJAKAN FORMULASI DALAM HUKUM POSITIF DI INDONESIA. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
The practice of binary options has become viral because it offers convenience in making profits and is supported by the conditions of Covid 19. Not only that, the emergence of affiliates like Indra Kenz and Doni Salmanan has increasingly attracted people to fall into this fraudulent investment. Reflecting on the indictment filed by the Public Prosecutor, law enforcement still uses Law Number 1 of 1946 (KUHP) and Law Number 19 of 2016 concerning Electronic Transaction Information (ETI Law), even though Indonesia's positive law has Law Number 10 of 2011 concerning Commodity Futures Trading (CFT Law). The purpose of this study is to find out the urgency of formulating policies regarding binary option practices and formulating ideal arrangements into positive law in Indonesia. This study uses a normative juridical method based on existing laws and regulations. Furthermore, the research results which reveal that binary option law enforcement through policy formulation needs to be carried out considering the condition of legal needs in society and law enforcement through the ETI Law are considered inappropriate. Because binary options imitate derivative contracts and are similar or imitate the way options work, in other words, it is a deviation from the CFT Law. In addition, criminalization is possible by analyzing the criteria or conditions put forward by the expert. Then, it is possible to formulate binary options in terms of the formulation of criminal acts in Indonesian positive law, specifically namely the address, the formulation of the prohibition of acts, and the criminal sanctions. The author also recommends an article to state the ideal arrangement in part d of Article 57 of the CFT Law. Then, the author continues to follow the existing criminal provisions, namely Article 72 of the CFT Law. Thus, policy formulation is possible if viewed from the urgency and the formulation of criminal provisions has been poured into a special law. Therefore, binary option law enforcement has a good legal basis.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No.Panggil: 1910611078] [Pembimbing]: Mulyadi] [Ketua Penguji : Slamet Tri Wahyudi] [Penguji 1:Kayus Kayowuan Lewoleba] [Penguji 2: Mulyadi] |
| Uncontrolled Keywords: | Law Enforcement, Binary Option, Formulation Policy |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | Dion Azriel |
| Date Deposited: | 01 Aug 2023 03:39 |
| Last Modified: | 01 Aug 2023 03:39 |
| URI: | http://repository.upnvj.ac.id/id/eprint/26563 |
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