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INDONESIA
Indonesian Journal of Sport Law
Published by Universitas Negeri Surabaya
ISSN : -     EISSN : 30906156     DOI : https://doi.org/10.26740/ijsl.v2i01
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
Indonesian Journal of Sports Law (IJSL) is a peer reviewed journal published biannual (Juni and Desember) by Faculty of Law, Universitas Negeri Surabaya. IJSL published both Printed and Online version Online ISSN 30906156. IJSL is intended to be the journal for publishing of results of research on Sport Law, Administrative Sport Law, Financial Sport Law, and other laws relating to Sport.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF SPORTS LAW" : 6 Documents clear
LEGAL REVIEW OF TRADEMARK RIGHTS INFRINGEMENT ON FOOTBALL CLUB MERCHANDISE PLAGIARISM Pantara, Gabriel Brillian Dwi; Santoso, Rizky Prada Putra; Firmansyah, Ryan Dwi; Zahro, Nuril Fatimatus
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.v1i02.35783

Abstract

Sport is an activity to regularly train and move body parts that must be carried out by every human being. It is important to do exercise to maintain health and fitness. One of the sports that is a favorite among the people is football. This is none other than because football is a sport that is easy to play and can unite various groups. It is not only a sporting event of choice to maintain health. Currently, football has also become a quite popular industry among various groups, both artists and local entrepreneurs. In fact, this game can be said to be the most popular. The high public interest in football certainly has an impact on the economic and creative fields. Where various football events have indirectly provided great opportunities for artists and local merchandise entrepreneurs to be able to develop their businesses. However, unfortunately, apart from providing positive opportunities, industrial developments in the sport of football have also had a negative impact on a number of groups. Namely in the form of increasingly high levels of plagiarism on other people's merchandise brands. This research was carried out with the aim of finding out the impacts of plagiarism on artists and local entrepreneurs who create merchandise.
LEGAL REVIEW OF THE PHENOMENON OF NATURALIZATION OF FOREIGN PLAYERS FOR THE INDONESIAN NATIONAL FOOTBALL TEAM Dhani, Reyman; Pratama, Adam Satria; Pangestu, Aryo Putra; Shohi M, Zakka Asvi Auful
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.v1i02.35807

Abstract

Football is a sport that is favored by various ages, both young and old. There are so many legal patterns that exist in the sport of football. One of the is the phenomenon of naturalization, which means that a process carried out for foreigners to obtain Indonesian citizenship status. This is done by a football club to improve team performance, as well as adding diversification of a football player’s playtyle.There are process that must be carried out by a foreign citizen in order to obtain Indonesian citizenship status, and also those who have received citizeship status are guaranteed their rights and obligations by the state. Naturalization also involves several aspects such as constitutional, law, social dan political, cultural and economic. In its journey, the naturalization process carried out on the national team is supervised by Persatuan Sepakbola Seluruh Indonesia (PSSI) following the rules set by FIFA and naturalization regulations from Indonesian law, which is Undang - Undang Nomor 12 Tahun 2006 tentang Kewarganegaraan Republik Indonesia. It is hoped that the naturalization process carried out can obey the rules that have be set and not becoming an obstacle for the Indonesian national football team as a process that eliminates the identity of the national team.
Lex Sportiva in Indonesian Sports Law: Autonomy, Independence, and Harmonization with National Law Prasetio, Dicky Eko; Al-Farisi, Zeidan Izza
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.v1i02.35931

Abstract

The principle of lex sportiva as the main principle in sports law has not yet been regulated in Law No. 11 of 2022 on Sports. The lack of regulation of the lex sportiva principle results in the suboptimal application of the lex sportiva principle in Indonesian sports law. This research aims to analyze the position of the lex sportiva principle in Indonesian sports law and its relevance to the national legal system. This research is a normative legal study that emphasizes a legislative and conceptual approach. The results of this study indicate that sports law, as a new field in legal science, is based on the principle of lex sportiva, which is related to independence, autonomy, and harmonization with the national legal system. The recommendations offered in this study include the need for a revision of Law No. 11 of 2022 on Sports Law by emphasizing the position of the lex sportiva principle in Indonesian sports law, as well as the need for an understanding of the lex sportiva principle in the organization of sports, including making the lex sportiva principle a part of legal considerations for judges in the Supreme Court and the Constitutional Court when adjudicating disputes related to sports aspects.
Review of Legal Decisions on the Protection of Human Rights of Indonesian Football Supporters in a Juridically Normative Way Ramadhan, Raihan Fakhri; Hakim, Muhammad Hatta; Adrianto, Bagus
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.v1i02.36104

Abstract

The need for human rights protection remains a fundamental issue. Therefore, justice in the implementation of human rights is supported by a juridical-normative approach. This is to ensure justice for every individual, regardless of their status or group. However, this has not received a sufficiently positive response in several human rights violation cases. One example is the human rights violation case involving football supporters in Kanjuruhan in 2022. The perceived inadequate response is reflected in reports stating that the charges against the suspects did not result in fair sanctions. This has led to statements of insensitivity towards the effects suffered by the victims of the football tragedy. Therefore, it is crucial to analyze, both generally and specifically, the justice received by the football supporters in the Kanjuruhan tragedy of 2022 using a Juridical-Normative approach accompanied by a qualitative method. The analysis process uses primary data, including journalistic reports related to the tragedy and various human rights laws. Secondary data is obtained from several other journals. From this research, it was concluded that, in general, the defendants in the Kanjuruhan supporter case were subjected to criminal law. This is based on the element of unintentionality and the fact that the defendants still have human rights equivalent to those of the supporters. As a result, the supporters have received their rights, even though there are still statements of insensitivity, and the law is enforced, albeit with some overlap. Subsequently, this issue becomes an evaluation for various parties involved in event management, particularly security personnel. The hope is that such incidents will not recur in the future, while still upholding human rights values
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.
Legal analysis of final award of Court of Arbitration for Sport number CAS 2024/A/10310 about the FC Barcelona’s audiovisual rights Bangun Mentari, Hedi Dina; Narulita, Tio Andharu Wikampha; Putra, Akmal Wiryawan Aditya
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.v1i02.36497

Abstract

Football Club Barcelona is a football club based in Barcelona, Spain, registered with the Royal Spanish Football Federation. FC Barcelona is currently appealing against a decision made by the Spanish National Competition Commission. In 2010, FC Barcelona entered into a contract with Mediaproductión SL, where Mediaproductión acquired the audiovisual rights for four seasons: 2010/11, 2011/12, 2012/13, and 2013/14. However, the General Law of Audiovisual Communication 7/2010 stipulates that the maximum duration for audiovisual rights agreements is three years, which contradicts the contract with Mediaproductión and violates a resolution issued by the CNC on 14th April 2010. FC Barcelona operates as a sports club (asociación civil in Spanish), a legal structure that restricts the club from receiving capital injections, which many other clubs use when facing financial difficulties. To address these difficulties and ensure the club's long-term sustainability, FC Barcelona chose to restore its equity by selling non-sports assets. The sale was classified by FC Barcelona as relevant income for UEFA's Financial Fair Play (FFP) break-even calculations. This classification was made after assessments by auditors, advisors, and experts, as well as consideration of LaLiga's FFP system, and relevant Spanish and EU law. The core issue in this case arises from FC Barcelona’s misclassification of its profits from the sale for the 2022/23 season's break-even submission. UEFA argues that FC Barcelona incorrectly classified the profits as other operating income instead of profit on the disposal of intangible assets, as per the applicable regulations. UEFA further claims that FC Barcelona deliberately deviated from its own financial statements and misled the authorities in its submission. UEFA, the governing body of European football, headquartered in Nyon, Switzerland, and recognized by FIFA, maintains that FC Barcelona's actions were in breach of Articles 58 (1) and (2) CL&FFP and Article 77.01 (e) L&FS, which are part of the financial regulations governing clubs' financial fair play and their break-even calculations. The dispute involves whether FC Barcelona misrepresented its financial situation in relation to its compliance with UEFA FFP regulations and whether the classification of the sale profits as "other operating income" instead of "profit from the disposal of intangible assets" was correct under the financial rules governing European football.

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