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Heppy Hyma Puspytasari
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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 22 Documents
 1   2   3 
Legal analysis of final award of Court of Arbitration for Sport number CAS 2024/A/10310 about the FC Barcelona’s audiovisual rights Hedi Dina Bangun Mentari; Tio Andharu Wikampha Narulita; Akmal Wiryawan Aditya Putra
Indonesian Journal of Sports Law Vol. 1 No. 02 (2024): 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.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.
Implementation Doping Tests Persebaya vs Mitra Kukar Match: Evaluating Anti-Doping Regulations in Indonesian Football: English Christian Felix Lumbanraja; Rafi Satrya Arvitto
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.v2i01.38790

Abstract

Doping tests play a crucial role in ensuring fairness and integrity in football. The implementation of these tests in the Persebaya vs Mitra Kukar match raised several legal and regulatory concerns regarding compliance with national and international anti-doping frameworks. This study examines the enforcement of doping regulations in Indonesian football, particularly in relation to FIFA and WADA standards. Using a qualitative approach, this research analyzes legal inconsistencies, procedural challenges, and their impact on players, clubs, and the league. The findings highlight the need for stricter enforcement mechanisms, better coordination among stakeholders, and improved transparency in the doping control process. The study concludes with recommendations for strengthening anti-doping policies in Indonesian football to enhance integrity and prevent future controversies. The study concludes with recommendations for strengthening anti-doping policies in Indonesian football by improving regulatory frameworks, enhancing enforcement mechanisms, and increasing collaboration between national football authorities, anti-doping agencies, and international governing bodies. Additionally, it emphasizes the importance of transparency in the doping control process, regular education for athletes and officials on anti-doping regulations, and the development of stricter sanctions for violations. These measures are essential to ensuring the integrity of Indonesian football, maintaining fair competition, and preventing future controversies that could undermine public trust in the sport.
Analysis of Norm Conflict Between Law Number 11 of 2022 Concerning Sports and the Regulation of the Minister of Youth and Sports Number 14 of 2024 Concerning Management Standards for Sports Organizations within the Scope of Achievement Sports Denial Ikram; I Made Sri Undy Mahardika; Heppy Hyma Puspytasar
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.v2i01.40810

Abstract

This research analyzes the norm conflict between Law Number 11 of 2022 concerning Sports (Law 11/2022) and the Regulation of the Minister of Youth and Sports Number 14 of 2024 concerning Management Standards for Sports Organizations within the Scope of Achievement Sports (Permenpora No. 14 of 2024). The main objective is to identify potential normative contradictions and their implications for the autonomy and governance of achievement sports organizations in Indonesia. The analysis finds that a number of provisions in Permenpora No. 14 of 2024, such as the requirement for ministerial recommendations/approvals for internal organizational processes (congresses, changes to statutes/bylaws, legal entity ratification, changes in management), the minister's authority to intervene in internal disputes and form transition teams, and the establishment of detailed management criteria, potentially conflict with the principle of independence for sports organizations mandated by Law 11/2022. By applying the principle of lex superior derogat legi inferiori, it is concluded that the provisions of Permenpora No. 14 of 2024 that contradict Law 11/2022 are juridically null and void by law. This norm conflict has implications for the erosion of sports organizations' autonomy, the risk of excessive government intervention, legal uncertainty, and potential misalignment with international sports governance principles. It is recommended that Permenpora No. 14 of 2024 be comprehensively reviewed and revised to align with Law 11/2022, to ensure that management standards strengthen good governance without sacrificing the fundamental independence of sports organizations.
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

Abstract 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 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. Keywords: Cricket, Umpire’s Decision, International Cricket Council
Analysis of the IHP Decision on BWF Sanctions Against Eight Indonesian Badminton Players in Sports Law Violations Renanda Ayu Krisdianty; Fadhilatul Ma'rifah Fi Kamilatil Mahabbah
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.v2i01.40952

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.
Uniting Trough Sport: Legal Reflection on Sport for Development and Peace in the Indonesian Context Julianus; Muhammad Amroe Farel Faraja; Faiz Rafif Ramadhani Yusuf
Indonesian Journal of Sports Law Vol. 2 No. 01 (2025): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Faculty of Law Universitas Negeri Surabaya

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Abstract

This article explores the relevance and potential of the Sport for Development and Peace (SDP) framework within the Indonesian context, particularly through the lens of national sports law. Despite the global recognition of SDP as a transformative tool for fostering inclusivity, peace, and social development, Indonesia lacks a formal legal foundation for its implementation. Drawing on a normative juridical method that incorporates statutory and conceptual approaches, the study critically analyses Law No. 11 of 2022 on Sports to evaluate its alignment with SDP values such as equity, sustainability, and social cohesion. The findings reveal that while Indonesia’s current legal framework implicitly supports several SDP principles, it falls short of offering explicit provisions or strategic policies for their integration. The paper recommends the reconstruction of existing legislation or the issuance of derivative regulations to institutionalise SDP in Indonesia. Such reforms would not only enhance the legal clarity and operational capacity of SDP programmes but also affirm Indonesia's commitment to utilising sport as a means of nation-building, youth development, and global peace advocacy.
Legal Protection for Athletes Who Experience Death During A Competition Dewi Agustin Fitriani; Nursa Aida Farzana; Rizky Calista Belindasari
Indonesian Journal of Sports Law Vol. 2 No. 02 (2025): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Faculty of Law Universitas Negeri Surabaya

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Abstract

Sports are activities that play an important role in maintaining health and improving quality of life, but also contain physical risks, especially in contact sports such as boxing. Boxing is known as a popular martial art, but it has a high risk of injury and death for athletes. This study discusses the legal aspects related to protection and liability for the death of boxing athletes in matches. Factors causing the death of boxing athletes include lack of physical and mental preparation, negligence in the use of protective equipment, and falsification of medical documents. Legal protection for athletes is regulated in Law No. 3 of 2005 concerning the National Sports System, which requires organizers to provide a safe environment and adequate medical facilities. Legal liability for the death of athletes can be imposed on the organizer, referee, manager, or ring doctor if they are proven to be negligent in meeting safety standards as regulated in Articles 52 and 103 of the Sports Law and Article 359 of the Criminal Code.
Doping, Law, and Ethics: Safeguarding Fair Competition in Sports Khayra Suryanto; maulida izza arifin; Qulbi Ratu S E Elamduri
Indonesian Journal of Sports Law Vol. 2 No. 02 (2025): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Faculty of Law Universitas Negeri Surabaya

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Abstract

Doping In sports Is a pressing and controversial Issue that threatens competitive integrity and athlete health. The use of prohibited substances or methods to enhace performance undermines the principles of sportmanship and fair play. Despite frameworks like the World Anti-Doping Code (WADC) and the efforts of agencies such as WADA, doping athletes to perform at their best. This research explores the legal dimensions of doping within sports law, focusing on the interaction between existing legal frameworks, enforcement challenges, amd athlete rights. Through a comprehensive literature review, this study Identifies health risks associated with doping, evaluates the effectivenes of current anti-doping policies, and examines the motivations behind doping behavior. Notable doping cases are anlyzed to provide insights into the broarder findings higlights the need for a balanced approach that enforces regulation while protecting athletes rights. This research emphasizes the importance of collaboration among legal bodies , sport organizations, and educational entities to foster a fairer and healthier sporting environment. By integrating legal analysis with ethical considerations, the study aims to reinforce accountability and enhance awareness among athletes, ultimately preserving the integrity of sports and promoting athlete welfare. This research contributes to the ongoing discourse on doping by addressing the intersection of law and ethics, advocating for comprehensive strategies that ensure fair competition and safeguard the health of all participants In the sporting community.
Normative Analysis: Regulatory Critique of Match Fixing Crimes in the 2018-2019 Liga 2 Football Competition. NAYSILA RAMADHANI; Berlian Jelang Fajr
Indonesian Journal of Sports Law Vol. 2 No. 02 (2025): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Faculty of Law Universitas Negeri Surabaya

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Abstract

This article aims to analyze the legal framework governing matchfixing practices in the 2018–2019 Indonesian Liga 2 soccer competition and to identify weaknesses in the existing regulations. This study employs a normative legal method with a legislative approach. The findings indicate that match-fixing practices can, in principle, be prosecuted under the provisions of Law No. 11 of 1980 on Bribery Offenses; however, there are currently no specific regulations explicitly classifying match manipulation as a criminal offense under Indonesian positive law. This situation creates legal uncertainty and limitations in law enforcement, particularly regarding all forms of match manipulation. Therefore, regulations are needed to establish a specific offense related to match fixing to ensure legal certainty and the effectiveness of law enforcement in the field of sports.
Legal Analysis of a U.S. Women’s Soccer Team Suing the Federation Over Alleged Gender Discrimination nastiti hayuningtyas; diva anindia putri afriani; mahlita salsa delselaningtyas
Indonesian Journal of Sports Law Vol. 2 No. 02 (2025): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Faculty of Law Universitas Negeri Surabaya

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Abstract

The United States Women's National Soccer Team (USWNT) lawsuit against the U.S. Soccer Federation has opened a new discourse on the limits of sports federation autonomy before state law. This study aims to analyze gender discrimination practices in the form of wage disparities and unequal facilities as a violation of the basic rights of athletes who deserve legal protection. The main focus of this study is to evaluate whether systemic discrimination by the federation can be categorized as an unlawful act that goes beyond civil disputes, particularly in terms of abuse of institutional power and neglect of legal obligations to provide a safe and equal work environment.

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