The Relevance of Lex Sportiva With Criminal Law on Football Sports Issues
DOI:
https://doi.org/10.26740/ijsl.v1i02.36114Keywords:
Lex Sportiva, Criminal Law, FootballAbstract
Football is the most popular sport and is widely enjoyed by various segments of society. Its popularity is supported by accessibility, simplicity, major tournaments, social media, and star players. To manage football at an international level, FIFA was established in 1904 as the global governing body responsible for major events such as the World Cup. FIFA functions as an organization that upholds football sovereignty through the principles of Lex Sportiva. In Indonesia, Lex Sportiva is recognized under Law No. 3 of 2005, which regulates the independent resolution of sports disputes. However, there are instances of violence in football that are addressed through criminal law. One such case is that of Nanne Malomo in 2021, which sparked debate regarding the role of Lex Sportiva. In other countries, like China, football violations are often resolved without criminal law involvement, as exemplified by the sanction of Oscar in the Chinese Super League. This study aims to: (1) examine the application of Lex Sportiva and Criminal Law to football-related issues; (2) explore the relationship between Lex Sportiva and criminal law in addressing issues within football matches. This research uses a conceptual approach and a statutory approach. The study's findings include: (1) In national football competitions, Lex Sportiva rules are based on FIFA's legal system, including the FIFA and PSSI Statutes. Criminal law in Indonesia applies the principles of Lex Specialis and Ultimum Remedium, which are found in the Penal Code and Law No. 3 of 2005 on the National Sports System; and (2) The relationship between Lex Sportiva and criminal law in Indonesia indicates that, while Lex Sportiva focuses on internal sports discipline, serious acts of violence on the football field often require criminal law intervention. Through a dual application, both Lex Sportiva and criminal
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