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All Journal Novum : Jurnal Hukum Indonesian Journal of Sport Law
Ulhaq, Aufa Dhiya
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Law, Crime, Criminology & Criminal Justice Other

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Legal Review of the Existence of the Coordinating Ministry in The Ministerial System in Post-Reform Indonesia Ulhaq, Aufa Dhiya; Muh. Ali Masnun; Carissa Akhlaq Mulia Purnomo
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

This research is motivated by the problematic existence of the Coordinating Ministry in the post-reform Indonesian government system, especially related to the unclear regulation of the coordination mechanism and the unclear boundaries of the formation of the Ministry. The purpose of this study is to legally analyze the existence of the Coordinating Ministry from time to time in various post-reform government cabinets and to provide recommendations regarding ideal arrangements in the future to ensure legal certainty and efficiency of the ministerial structure. The research method used is normative legal with a statutory approach, historical approach, conceptual approach, and case approach. The results of the study indicate that the existence of the Coordinating Ministry, although not explicitly regulated in the 1945 Constitution of the Republic of Indonesia, has become an integral part of the government system through state practices and derivative laws and regulations, such as Law Number 39 of 2008 and its amendments. However, in its implementation, weaknesses were found in the aspects of coordination, politicization of positions, budget waste, and inconsistency in the number of ministries that do not have normative boundaries. This study concludes that it is necessary to reorganize the coordinating ministry system, both in terms of regulations and institutional structure, by emphasizing efficiency, effectiveness, and legal certainty so that national development goals can be achieved optimally.
THE RELEVANCE OF LEX SPORTIVA WITH CRIMINAL LAW ON FOOTBALL SPORTS ISSUES Ulhaq, Aufa Dhiya; Rugchatjaroen, Krish
Indonesian Journal of Sports Law Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijsl.v1i02.36114

Abstract

Football is the most popular sport and is in great demand by various groups of people. Its popularity is supported by accessibility, simplicity, major tournaments, social media and star players. In managing football internationally, FIFA was founded in 1904 as the world football governing body responsible for major matches such as the World Cup. FIFA functions as an organization that regulates football sovereignty through the principle of Lex Sportiva. In Indonesia, Lex Sportiva is recognized in Law No. 3 of 2005 which regulates the independent settlement of sports disputes. However, there are cases of violence in football that are resolved by criminal law. An example of a case that has occurred is Nanne Malomo in 2021 which sparked debate about the position of Lex Sportiva. In other countries, such as China, cases of football violations are often resolved without the intervention of criminal law. This can be exemplified by Oscar's punishment in the Chinese Super League. The objectives of this study are to: (1) determine the application of Lex Sportiva with Criminal Law to football sports problems; (2) determine the relationship between Lex Sportiva and criminal law to problems in football matches. This research method is conducted using a conceptual approach and a statute approach. The results of this study are (1) In national football competitions, the Lex Sportiva rules are based on the FIFA legal system, including the FIFA and PSSI Statutes. Criminal law in Indonesia uses the principles of Lex Specialis and Ultimum Remedium. Both principles are found in the Criminal Code and Law Number 3 of 2005 concerning the National Sports System; and (2) The relationship between lex sportiva and criminal law in Indonesia shows that although lex sportiva focuses on internal sports discipline, serious acts of violence on the football field often require criminal law intervention. Through dual application, both lex sportiva and criminal law work together to create justice and prevent future violence.
Co-Authors Carissa Akhlaq Mulia Purnomo Muh. Ali Masnun Rugchatjaroen, Krish