Ming-Hsi Sung
Asia University

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

The Legal Certainty on Freedom of Foreign Football Player Transfer in Indonesia: Learning of Bosman Ruling Rizki Habibulah; Ming-Hsi Sung
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5621

Abstract

The Bosman ruling means that players could move or transfer to a new club at the end of their contract without paying their former clubs any fee. A player can now agree with a pre-contract with another club for a free transfer if the players' contract with their existing club has six months or less remaining. This means that the Bosman Rulingis a pioneer in the freedom of contract aspect in sports law. According to Law Number 3 of 2005 on National Sports System in Indonesia, the problem in Indonesia is that there is no regulation regarding the freedom of contract for the sporting member in Indonesia. Some cases violate the Bosman Ruling against foreign football players Damian Linzio. Damian Linzio cannot solve his problems because there is no regulation related to Bosman Ruling issues in Indonesia. This Research aims to adapted Bosman Ruling into Indonesian Sports Law based on Law Number 3 of 2005 concerning the National Sports System. Bosman Ruling is very important in sports law because it regulates the freedom of contract. The type of this research is normative legal research. Normative legal research is a process to find the rule of law, principles of law, and the legal doctrines to address the legal issues faced equal treatment of foreign players in freedom to transfer, the need to introduce bosman ruling into indonesian sports law, study case of damian linzio and bring the case to the court of arbitration for sport. This research found that Indonesia needs to apply Bosman Ruling as the pioneer of freedom of contract to Indonesian Sports Law. Bosman Ruling can be adapted in Law Number 3 of 2005 on the National Sports System in Indonesia. For Damian Linzio, author recommend to bringing the case to Court of Arbitration for Sport because they are more competent to resolve sports cases.
Corruption During Non-Natural Disaster: Is Death Penalty Necessary? Faisal Abdaud; Ming-Hsi Sung; Wahyudi Umar
Jurnal Media Hukum Vol 29, No 1: June 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i1.14247

Abstract

Extraordinary measures are needed to combat corruption in Indonesia which has been characterised as an extraordinary crime. This includes the application of death penalty as governed in Section 2 point (2) of the Corruption Eradication Act 1999. This paper intends to analyse the implementation of the aforementioned article on corruption case that occurs during the COVID-19 outbreak. This normative legal research relies on secondary date which are collected from various sources including books, journals, related legislation. The result of the research shows that,  in regard to corruption case, the death penalty is only applicable when the corruption is committed in certain circumstances as intended in Section 2 point (2) of the Corruption Eradication Act 1999  and its amendment. These include the event of state emergency and national natural disaster. By virtue of the principle of legality, death penalty cannot be applied to the corruption cases that occurs during the national non-natural disaster like the Covid-19 pandemic. Reinterpretation of the phrase "certain circumstances" is needed for the sake of promoting justice. They should include national non-natural disasters like the Covid-19 pandemic.