Legal Analysis of Unilateral Contract Termination in Professional Football: A Case Study of Luis Figo’s Transfer under the Indonesian Civil Code Perspective

Abstract

This research examines the legal complexities of professional football contracts through a case study of Luis Figo’s controversial transfer from FC Barcelona to Real Madrid. Utilizing the Indonesian Civil Code (KUHPer) as a normative legal framework, this study analyzes whether the unilateral termination of a contract during its term constitutes a breach of contract (wanprestasi) under Article 1243. Furthermore, it explores the legal standing of "Buy-out Clauses" in relation to the principle of freedom of contract as stipulated in Article 1338. The findings suggest that while a mid-term departure traditionally fulfills the elements of wanprestasi, the presence of a pre-agreed release clause functions as a valid legal mechanism for early termination, provided that the financial compensation is fully satisfied. This study also considers the role of "good faith under Article 1338(3) regarding the player's subjective reasons for contract termination.