ANALISIS PUTUSAN HAKIM NOMOR 1/PID.SUS/2023/PT BDG TENTANG TINDAK PIDANA PENCUCIAN UANG BINARY OPTION DALAM ASPEK KEADILAN

Judge's Decision: Decision Number 1/PID.SUS/2023/PT BDG Concerning the Crime of Binary Option Money Laundering, in its consideration, does not apply the principles of legal justice. Based on this, the formulation of the research problem is First, what is the basis for the judge's consideration of binary options in Decision 1/PID.SUS/2023/PT BDG regarding the criminal act of binary option money laundering. Second, how is Decision 1/PID.SUS/2023/PT BDG regarding the criminal act of binary option money laundering viewed from the aspect of legal justice. Normative juridical research method with a concept and case approach. The sources of legal materials used are primary and secondary. The technique for collecting legal materials is literature study. The analysis was carried out descriptively qualitatively. The results of the research and discussion show that the judge did not consider the evidence to be used as compensation for the defendant's victim. Then the verdict points 1 - 4 are in accordance with the justice aspect, however point 5 does not reflect the real aspect of justice so that the state's victims are not materially harmed by the defendant so it would be wiser if the defendant's assets were auctioned off to be returned to the victims. Apart from that, Article 7A of Law of the Republic of Indonesia Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims emphasizes that victims can obtain restitution. Author's suggestion, Article 7A of Republic of Indonesia Law Number 31 of 2014 needs to be revised. Supreme Court Regulations need to be issued for judges, Prosecutor's Regulations for prosecutors, National Police Regulations regarding binary options. Then training was carried out for law enforcers to understand the binary option phenomena.