Legal Politics of the Transformation of Lex Sportiva into the Indonesian Sports Law System

Abstract

This research is motivated by the phenomenon of sports globalization which has resulted in a shift in the focus of sports regulation from legal regulation to international sports federation regulation. This international sports organization controls and regulates international sports by creating basic regulations and rules of play for a sport, and making decisions that can have a major impact on the sustainability of the sport. They become autonomous and independent international organizations, and demand that governments around the world not regulate sports issues by state laws and regulations, and request immunity from legal proceedings against a sports issue that occurs in a member country of the federation. They request the implementation of global sports law that applies universally to the sports they foster. This condition provides space for the development of the Lex Sportiva doctrine in the governance of international sports regulation. This doctrine adheres to the teaching that sports games and matches are regulated and managed independently by independent regulations made by international sports federations, and rejects interference from the government or member countries of the federation. This causes frequent clashes in the implementation of Lex Sportiva with a country's laws and regulations. In Indonesia, clashes between Lex Sportiva and laws and regulations still often occur. This is proven by the frequent occurrence of sports cases that cause legal injuries, both those containing administrative, civil, and criminal aspects. One of the suspected causes is because the legal policy of transforming Lex Sportiva into the National Sports Law System has not been formulated. The purpose of this study is to describe the position of Lex Sportiva in the international sports law system and to formulate the transformation of Lex Sportiva into the Indonesian Sports Law System. The type of research chosen is juridical-normative, with an explanatory approach. According to the type of research, the data source is secondary data with data collection techniques through literature studies supplemented by interviews. The results of the study show that the development of Lex Sportiva is a phenomenon that continues to emerge. This doctrine has a strategic position as a source of global sports law that crosses the regulatory boundaries of member countries of international sports federations. In Indonesia, this doctrine has been adopted by the parent organization of sports branches and some of its teachings have become the content of statutory regulations, including in Law Number 11 of 2022 concerning Sports. This doctrine is a guideline in sports coaching, organizing competitions, and resolving sports disputes. However, the formulation of the transformation is not yet clear so that in its implementation there is often a conflict with the applicable laws and regulations that prioritize the principle of state sovereignty. The solution offered as a research novelty is the preparation of a model of the Lex Sportiva transformation mechanism into the Indonesian Sports Law System that is existential, harmonious, and sustainable