Transformation of Lex Sportiva into the Legal System Indonesian Sports

Abstract

This research is motivated by the phenomenon of globalization of sports which has resulted in a shift in the focus of sports regulations from legal regulations to international sports federation regulations. This international sports organization controls and regulates international sports by making basic rules and playing rules for a sport, as well as making decisions that can have a big impact on the sustainability of the sport. They became an autonomous and independent international organization, and demanded that the governments of countries around the world not regulate sports matters by state laws and regulations, and asked for immunity from legal proceedings for sports problems that occurred in member countries of the federation. They asked for the enactment of global sports laws that apply universally to the sports they coach. This condition provides space for the development of the Lex Sportiva doctrine in the governance of international sports regulations. This doctrine adheres to the teaching that sports games and competitions are regulated and managed independently by independent regulations made by international sports federations, and rejects interference from the government or federation member countries. This causes frequent clashes in the implementation of Lex Sportiva with the laws and regulations of a country. In Indonesia, clashes between Lex Sportiva and statutory regulations still occur frequently. This is proven by the frequent occurrence of sports cases which cause legal injury, whether they contain administrative, civil or criminal aspects. One of the suspected causes is that the transformation of Lex Sportiva into the National Sports Law System has not yet been formulated. The aim of this research is to describe the position of Lex Sportiva in the international sports law system and 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 study complemented by interviews. The research results 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 sports organization and some of its teachings have become material for statutory regulations, including in Law Number 11 of 2022 concerning Sports. This doctrinal teaching becomes a guideline in sports coaching, organizing competitions, and resolving sports disputes. However, the transformation formula is not yet clear, so that in its implementation there are often conflicts with applicable laws and regulations which 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 which is existential, harmonious, and sustainable.