IUS Constituendum Of Expert Advisor in Commodity Futures Trading: A Legal Certainty

IUS Constituendum Of Expert Advisor in Commodity Futures Trading: A Legal Certainty

I Gede Agus Kurniawan1, Lourenco de Deus Mau Lulo2, Fradhana Putra Disantara3

1Faculty of Law and Social Sciences. Universitas Pendidikan Nasional, Indonesia,    gedeagu-

skurniawan@undiknas.ac.id

2Faculty of Law, Universidade da Paz, Timor Leste, lourencodedeusmaululo@gmail.com

Institute of Technology and Business Yadika Pasuruan, Indonesia, dfradhana@gmail.com Received: 2023-02-18; Reviewed: 2023-04-03; Accetped: 2023-04-03; Published: 2023-04-04

Abstract

This study aims to construct forward arrangements regarding Expert Advisors in commodity futures trading. The legal issue being studied is the legal vacuum of regulating trading robot software or commonly known as an Expert Advisor in commodity futures trading. The novelty of this research is legal discovery through legal construction of the development of Expert Advisors in commodity futures trading. This research is juridical-normative legal research by prioritizing statutory and conceptual approaches. The results of the study confirm that the urgency of setting up an Expert Advisor as a futures adviser in commodity futures trading is needed in order to provide legal certainty for commodity futures transaction actors. Legal certainty related to the arrangement of Expert Advisors as futures advisers in commodity futures trading is also needed for CoFTRA as a supporting element of the ministry of trade as well as being a supervisor and enforcer of various legal provisions in the practice of commodity futures trading so that the supervision and enforcement process can be more optimal and can guarantee legal certainty, benefits, and fairness for commodity futures trading actors. Ius constituendum Expert Advisor as a futures adviser in commodity futures trading to ensure legal certainty can be carried out by revising the Law on commodity futures trading, including conducting a judicial review at the Constitutional Court regarding the provisions in the Law on commodity futures trading.

Keywords: Commodity Futures Trading; Expert Advisor; Legal Certainty;

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