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.