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Maximillian Kenas Tarmidi
Universitas Airlangga
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum bagi Atlet terhadap Pemutusan Hubungan Kerja Sepihak Pada Proses Pengambilalihan Perseroan Terbatas Mochammad Saddam; Emmanuele Devon Febrian; Maximillian Kenas Tarmidi
Notaire Vol. 9 No. 2 (2026): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v9i2.83146

Abstract

The sports industry has experienced significant growth worldwide, including in Indonesia, as reflected by the increasing number of professional athletes and sports clubs operating as Limited Liability Companies. In this context, the protection of athletes’ rights becomes particularly important, especially when corporate restructuring occurs through the takeover of sports clubs. A takeover may significantly affect the legal relationship between athletes and the club, including the risk of unilateral or forced termination of athletes’ employment contracts by the acquiring company. This study aims to analyze the legal implications of a takeover on the employment status of professional athletes and to examine the forms of legal protection available to athletes, particularly regarding the fulfillment of their economic and social rights following a takeover. The research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that although a takeover is legally recognized under corporate law, it does not eliminate the company’s obligation to honor existing contractual commitments with athletes. Based on the principle of pacta sunt servanda, contractual rights and obligations remain binding on the parties. Consequently, the unilateral termination of an athlete’s contract without proper legal grounds or adequate compensation constitutes a breach of contract and is inconsistent with the worker protection principles embodied in Indonesian labor regulations. Athletes who suffer losses due to such actions are entitled to seek legal remedies through civil dispute resolution mechanisms or specialized dispute settlement institutions provided by applicable regulations. Therefore, legal protection for professional athletes in takeover situations must be viewed comprehensively through corporate, employment, and contractual law perspectives to ensure a fair balance between business interests and athletes’ rights.
Beyond Prohibition: A Proposal for an International Treaty on Parental Readiness to Safeguard Child Welfare Maximillian Kenas Tarmidi
Notaire Vol. 9 No. 1 (2026): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v9i1.82146

Abstract

Globalization has accelerated the erosion of traditional social structures, creating a vacuum where the welfare of children is increasingly precarious. This new landscape presents dual threats: the normalization of "free sex" and unstructured relationships which can lead to unstable family environments, and the reactionary persistence of child marriage, often a consequence of socioeconomic instability amplified by global pressures. Both phenomena critically endanger a child's fundamental right to a secure and nurturing upbringing. Current international human rights law, however, remains largely reactive, addressing harm only after it has occurred. This research posits a radical but necessary evolution of human rights doctrine: a proactive framework legally mandating parental readiness. It argues that for the "welfare of the child" to be a meaningful legal standard, it must be guaranteed before conception and birth. The author proposes an international treaty, or a new protocol to the Convention on the Rights of the Child (CRC), that establishes clear, universal prerequisites for legal marriage and parenthood. These prerequisites would be twofold: a minimum level of educational attainment to ensure cognitive and emotional maturity, and a verifiable minimum threshold of financial stability to guarantee the provision of a child's basic needs. This is not a limitation on freedom, but a fulfillment of a collective duty to ensure that every child is born into a world of opportunity, not disadvantage. This framework reframes child welfare as the paramount human right, a right that society has the obligation to proactively secure.
Co-Authors Emmanuele Devon Febrian Mochammad Saddam