Political Development of Indonesian Sports Law Study of Lex Sportiva Harmonization in the National Legal System

Abstract

This research is motivated by the problem of weak politics in the development of Indonesian sports law as part or sub of the national legal system. Compared to other legal sub-systems, the development of sports law in Indonesia is far behind. This weakness resulted in Indonesia's sports law being less responsive and resolve basic issues in the organization of sports, such as setting tasks, the roles and authorities of the Government and regional governments in sports coaching, protection of the basic rights of athletes, regulation of sports coaching and development, provision of sports facilities, establishment of an independent sports court for the resolution of sports disputes, regulation and harmonization of lex sportiva in the national sports law system, and the handling of criminal acts in sports matches. The research objective is to find a political formulation of the development of Indonesian sports law in the perspective of the national legal system. This research is normative with an explanatory approach. The type of data is secondary data obtained from studies of trusted library materials and studies of sports regulation documents. The data was collected using the triangulation method, where the collection and analysis of secondary data was complemented by interviews and field observations. Interviews were conducted with constitutional law experts, sports law experts, and national sports stakeholders. The research results show that sport has a big role in the development of human resources and increasing the welfare of society. Therefore, the state needs to encourage sports law to become a supporting factor for the success of sport as a welfare system for Indonesian society. There are several important aspects related to the role of sports law as a driver of sports achievements and agents of change in social welfare. First, regarding the basic constitutionality of sport. This aspect is related to views on whether sport is a human right that must be regulated in the constitution and the extent of state involvement in sports affairs. Second, regarding sports legislation policies. This aspect is related to the attitude of the state to involve itself directly or interfere in sports affairs or indirectly. The third concerns the regulation of the independence of sports organizations by sports organizations. This aspect is related to the independence of sports governance by sports organizations in order to realize the maximum possible participation of the community, but still be effective and efficient in supporting the achievement of sports achievements. Fourth, regarding regulation and harmonization of lex sportiva into the national sports law system. This is related to the sports law that applies in a country. There are three legal systems that regulate sports at once, and there are points of contact between the three, namely (1) the national legal system, which is in the form of general rules applied by the state; (2) the international legal system, and (3) the transnational legal system whose legal principles and principles cross national boundaries.