Keberadaan Binary Option Ditinjau Dalam Prespektif Hukum Positif Di Indonesia

Abstract

This research aims to explain the existence of Binary Options when viewed from the perspective of positive law in Indonesia, where Binary Options are a gambling instrument that is developing with a modus operandi as an investment product in Indonesia. Starting from Binomo, IQ Option, Quotex, and other names that claim to be Binary Options or with a working mechanism similar to Binary Options. This research uses prescriptive normative research. This research approach uses a statutory approach to answer the problem formulation. The data analysis technique is a deductive method. From this research, it is known about the position of Binary Options when looking at the instrument, which cannot be categorized as an investment product because it has no contractual ties to the investor with the product being invested and the activities carried out are only guessing the value of an asset within a certain time period. If you just look at the activity, then this activity violates Article 1 number 8 of Law Number 10 of 2011 concerning Amendments to Law Number 32 of 1997 concerning Commodity Futures Trading and Article 303 of the Criminal Code