ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM PENGGUNAAN REGULASI KESELAMATAN DAN KEAMANAN PSSI EDISI 2021 PADA PUTUSAN NOMOR 922 K/PID/2023

Abstract

This study analyzes the legal reasoning of judges in using the 2021 PSSI Safety and Security Regulations as a basis for Supreme Court Decision Number 922 K/Pid/2023, and examines whether the criminal sanctions imposed align with the principles of penal theory. The case stems from the Kanjuruhan Tragedy, which claimed 135 lives and highlighted the accountability of state officials in crowd control. In the decision, the judges referred to PSSI’s internal regulations to assess police negligence, even though such regulations are not part of the formal statutory hierarchy under Article 7(1) of Law No. 12/2011. Using normative juridical research and a case study approach, this study finds that relying on non-ratified regulations risks violating the principles of legality and legal certainty. Moreover, the sanctions imposed are disproportionate to the gravity of harm and fail to fulfill the preventive, corrective, and educational aims of relative penal theory. The study recommends that judges be more prudent in invoking non-formal legal sources and impose sanctions that promote deterrence and ensure adequate public protection.