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Legal Reconstruction of Indonesian Sports Law: A Framework for Legal Protection and Certainty for Professional Athletes Wide Putra Ananda; Siti Rodiah; Utari Dewi Fatimah
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 3 (2026): April
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i3.587

Abstract

Purpose: This study examines the inadequacy of the Indonesian sports law system in providing legal protection and legal certainty for athletes and aims to formulate a reconstructed legal framework that recognizes athletes as professional legal subjects. Design/method/approach: This research employs a normative legal method based on doctrinal analysis, utilizing statutory, conceptual, comparative, and historical approaches. The study analyzes relevant legislation, jurisprudence, legal doctrines, and comparative legal systems, particularly in jurisdictions that formally recognize athletes as professionals. Findings: The study finds that Indonesian sports law remains predominantly administrative and fails to establish a rights-based framework for athletes. The absence of formal legal recognition creates a legal vacuum, weakening athletes’ contractual position, dispute resolution access, and social protection. The research proposes the enactment of an Athlete Profession Law, the institutional strengthening of the Indonesian Sports Arbitration Board (BAKI) with executorial authority, and the harmonization of national law with international lex sportiva principles. Research implications/limitations: As a normative legal study, the findings are derived from doctrinal analysis rather than empirical investigation. Future research is recommended to incorporate empirical data on athlete welfare, dispute cases, and policy implementation to strengthen the practical applicability of the proposed legal reforms. Originality/value: This study contributes to the development of sports law theory in Indonesia by introducing a rights-based reconstruction model grounded in Pancasila values and lex sportiva. It advances the concept of athletes as professional legal subjects and offers a comprehensive framework integrating legal recognition, protection, and institutional reform.
Civil Law Provisions on the Application of Compensation for Victims of Unlawful Arrest Based on Progressive Legal Theory Hardiansyah Putra; Siti Rodiah; Utari Dewi Fatimah
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48400

Abstract

Compensation for victims of wrongful arrest in Indonesia is regulated under Article 9 of Government Regulation Number 92 of 2015, which determines minimum and maximum compensation amounts based on the severity of harm suffered by victims. This study aims to analyze the implementation of compensation provisions for wrongful arrest victims, examine the relevance of civil law principles in addressing the resulting material and immaterial losses, and formulate an ideal compensation framework based on progressive legal theory. Using a descriptive-analytical method with a juridical-normative approach, the research relies on secondary data consisting of primary, secondary, and tertiary legal materials, supported by the analysis of relevant court decisions and doctrinal literature. The findings reveal a significant gap between normative regulations and judicial practice, where compensation is largely limited to material aspects and neglects immaterial harms such as psychological trauma, social stigma, and loss of reputation. Consequently, the study concludes that Article 9 of Government Regulation Number 92 of 2015 requires reformulation through a progressive, human-centered approach that integrates civil liability principles and social security mechanisms to ensure comprehensive, proportional, and substantive restitution for victims of wrongful arrest.