PENERAPAN KONSEP JUDGE MADE LAW SEBAGAI UPAYA PENEGAKAN HUKUM PADA PERKARA ROBOT TRADING (Analisis Putusan Nomor 1240/Pid.Sus/2022/PN.Tng)

Trading robots are present in Indonesia as one of the prohibited activities because
they do not yet have legality in accordance with the licensing in statutory
regulations. However, the activity was still carried out, resulting in the loss of many
victims for the defeat in the trading robot activity. This makes the main factor in
trading robot activity being reported by victims, even ending up in court. Up to the
court, there is a legal analysis which is considered that there are no regulations
specifically governing trading robots, so that a series of settlements in court cases
are carried out based on the authority and power of the judiciary, one of which is
by applying the concept of judge made law to decision number
1240/Pid.Sus/2022/PN.Tng as an effort to enforce the law. In this study, the
formulation of the problem is: first, how is the existence of the concept of judge
made law in Indonesian criminal law; and second, an analysis of the application of
the judge made law concept to decision number 1240/Pid.Sus/2022/PN.Tng. This
study uses a normative juridical research method which focuses on studying
literature and statutory regulations, because based on the hypothesis in this case
analysis it is considered that there is still a legal vacuum and that the law is too
forced, so the research method used aims to answer all forms of formulation
problems based on theoretical aspects of the legal system in Indonesia, and also on
practical aspects where it is necessary to establish a new law that regulates robot
trading cases in Indonesia.

Keywords: Judge Made Law, Law Enforcement, Robot Trading.