Pertanggungjawaban Pidana Pelaku Promosi Trading Binary Option Binomo yang Merugikan Investor (Studi Putusan Nomor 1835/Pid.Sus/2022/PN Mdn dan Putusan Nomor 1667/Pid.Sus/2022/PT Mdn)

Abstract

Trading binary option Binomo is an illegal form of trade that in practice is often associated with gambling activities because its system is based on predicting asset prices within a certain period. Promotions carried out by affiliates through social media by displaying quick profits encourage people to participate, but in reality, they cause significant losses. This study aims to examine the criminal liability of the perpetrators of such promotions, as well as the legal regulations and relevant sanctions. The research problems are: how the criminal sanctions are regulated for promoting binary option trading that harms investors; how criminal liability is applied in such promotions; and how judges’ considerations and decisions regarding the liability of Binomo binary option promotion perpetrators are reflected in Medan District Court Decision No. 1835/Pid.Sus/2022/PN Mdn and Medan High Court Decision No. 1667/Pid.Sus/2022/PT Mdn.

The method used in this thesis is normative legal research with a statute approach and a case approach. The research is descriptive in nature, employing legal interpretation methods to build legal arguments and draw conclusions deductively. The data sources consist of primary, secondary, and tertiary legal materials obtained through literature study. Data were analyzed qualitatively.

The research findings show that the promotion of Binomo does not have a legitimate legal basis in Indonesia, as it contains elements of gambling and is not registered with Bappebti. The criminal liability of those who promote binary option trading may be subject to criminal sanctions if the elements of a criminal offense, as regulated in the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE), are fulfilled. Misleading promotions and gambling-like schemes make the perpetrators potentially liable under Article 27 paragraph (2) in conjunction with Article 45 paragraph (2) of the ITE Law concerning the distribution of gambling-related content. In the analysis of Decision No. 1835/Pid.Sus/2022/PN Mdn and Decision No. 1667/Pid.Sus/2022/PT Mdn, the judges considered that the Defendant, as an affiliate, was proven to have actively promoted and distributed Binomo affiliate links classified as a platform containing elements of gambling in order to gain profit. This research emphasizes the need for strict law enforcement against the promotion of illegal trading to create a deterrent effect and provide protection for the public.