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All Journal Novum : Jurnal Hukum Indonesian Journal of Sport Law
Ade Putra Hasibuan
University of Lucknow
Law, Crime, Criminology & Criminal Justice Other

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Legal Review of Umpire's Decision in England VS New Zealand Cricket Final Ade Putra Hasibuan; Vikas Kumar Chaudhary
Indonesian Journal of Sports Law Vol. 2 No. 01 (2025): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Faculty of Law Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijsl.v2i01.40942

Abstract

The Cricket is a game played by 2 (two) antagonistic teams that can be played by anyone, both young and old. Cricket means a game that is almost similar to softball and baseball. Cricket does not mean an individual game but a team game. Each team consists of 11 people so that there is cooperation between players to produce victory. Cricket is a sport that originated in England, cricket has been very popular in British colonies such as India, Pakistan, Australia, Malaysia and others. For those who are new to cricket, this sport uses a bat, stump, ball and field. However for matches such as the final, there must be an additional match so that the rules of international matches need to be changed. What are the Cricket rules that should be changed and considered to neutralize the laws, which currently tend towards batsman? The ICC should do something about the bails. During the Indian Premier League (IPL) as well as the World Cup, so many times we have seen that bails are not falling despite ball hit the stumps. It should not be like that. In an event like the world cup, it happened 5 times so far in the first ten days. Nothing can be more frustrating for a bowler than this. There are a few things that I think can resolve this issue.
Justice Versus Certainty: The Antinomy of Law in the New Indonesian Criminal Code from the Perspective of Radbruch's Formula Rahmanu Wijaya; Ade Putra Hasibuan
NOVUM : JURNAL HUKUM Vol. 12 No. 03 (2025): Reframing Law as Epistemic and Ethical Praxis: Justice, Certainty, and Normat
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i03.72357

Abstract

The ratification of the new Criminal Code in Indonesia, while aiming to reform criminal law, also presents legal issues, particularly from a legal philosophical perspective. This is as stated in Article 53 paragraph (2) of the New Criminal Code, which accommodates the Radbruch formula, potentially leading to judicial bias and case manipulation due to subjectivity in prioritizing justice over legal certainty. This research is normative legal research that prioritizes philosophical, conceptual, and legislative approaches. The research findings confirm the essence of the Radbruch formula in Indonesian legal and criminal philosophy, which emphasizes the supremacy of the value of justice over legal certainty in conditions of value conflict. Article 53 paragraph (2) of the New Criminal Code, which accommodates the Radbruch formula, needs improvement and legal renewal to avoid judicial arbitrariness in criminal law enforcement. Therefore, it is necessary to renew and perfect Article 53 paragraph (2) of the New Criminal Code through norm revision or judicial review to maintain the constitutionality of the article and achieve a balance between legal certainty and objective justice in the Indonesian criminal justice system.
Legal Analysis of WADA’s Decision Imposing Legal Sanctions on Indonesia for Not Complying with Anti-Doping Rules Silmy Ni’mah Fadhilah; Aksendro Maximilian; Ade Putra Hasibuan; Vikas Kumar Chaudary; Endra Mulyajaya Coach
Indonesian Journal of Sports Law Vol. 3 No. 01 (2026): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Faculty of Law Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijsl.v3i01.58736

Abstract

This article analyzes the decision of the Independent Hearing Panel (IHP) of the Badminton World Federation (BWF) concerning eight Indonesian badminton players involved in a match fixing case. This research aims to examine the legal considerations used by the IHP in imposing sanctions and to assess how the principle of Lex Sportiva was applied in resolving international sports disputes. This research employs normative legal methods through statute approach, conceptual approach, and case approach. The findings indicate that the IHP exercised its authority based on Articles 29 and 31 of the BWF Statutes and applied the balance of probabilities standard. The defendants were found to have violated various provisions of the BWF Code of Conduct (2012, 2016, and 2017 editions), particularly in relation to match manipulation, betting activities, failure to report, and lack of cooperation during investigations. This decision illustrates the application of Lex Sportiva, a body of transnational norms developed in international sports law. By referring to BWF regulations and jurisprudence from the Court of Arbitration for Sport (CAS), the panel emphasized the importance of maintaining sports integrity through firm sanctions. The ruling serves not only to penalize but also to safeguard the values of fair play and public trust in the sport of badminton.
Co-Authors Aksendro Maximilian, Aksendro Endra Mulyajaya Coach Rahmanu Wijaya Silmy Ni’mah Fadhilah Vikas Kumar Chaudary Vikas Kumar Chaudhary