ANOMALY OF THE AUTHORITY OF THE DISTRICT COURT IN EXAMINING AND RESOLVING FOOTBALL SPORTS DISPUTES IN INDONESIA

Muhammad Zulhidayat, Separen Separen
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引用次数: 1

Abstract

Sports problems are currently very much in Indonesia, the dynamics of sports in Indonesia have indeed developed rapidly until now it has shifted to the direction of the industry involving various stakeholders. This development certainly has positive things, but on the one hand, it has problems that are also increasingly complex. In the latest case, Persipura Jaya filed a lawsuit with the Central Jakarta District Court to sue Barito Putera. Persib Bandung because Persipura considers that there is match-fixing. If you look at the lawsuit, Persipura Jayapura asked the District Court to cancel the match between Persib Bandung and Barito Putera, this ini became very interesting because the sports team was taken to the District Court.   This article will analyze the position and function of the District Court according to the ius constitutum and the extent of the authority of the District Court to examine and decide sports dispute cases in Indonesia. This article will use normative juridical research methods. The research results conclude that the position and function of the District Court are to examine, adjudicate and decide Criminal and Civil cases in the first instance. The District Court has no authority to resolve disputes in sports. This is because there is no rule on this. The suggestion in this sense is that Indonesia must have a judicial institution that specializes in handling sports cases, such as CAS in Switzerland, so there needs to be a revision of laws and regulations if Indonesia wants to create a special court regarding sports.
印尼地方法院在审查和解决足球体育纠纷中的权威异常
目前印度尼西亚的体育问题非常多,印度尼西亚的体育运动确实发展迅速,直到现在它已经转向涉及各种利益相关者的产业方向。这种发展当然有积极的一面,但一方面,它也有越来越复杂的问题。在最新的案件中,Persipura Jaya向雅加达中央地方法院提起诉讼,要求起诉Barito Putera。因为Persipura认为存在假球。如果你看一下诉讼,Persipura Jayapura要求地方法院取消Persib Bandung和Barito Putera之间的比赛,这个案子变得非常有趣,因为运动队被带到地方法院。本文将根据印度尼西亚宪法和地方法院审查和裁决体育纠纷案件的权力范围,分析地方法院的地位和职能。本文将运用规范的法学研究方法。研究结果表明,地方法院的地位和职能是审查、审判和裁定一审刑事和民事案件。地方法院无权解决体育方面的纠纷。这是因为在这方面没有规定。这个意义上的建议是印度尼西亚必须有一个专门处理体育案件的司法机构,如瑞士的CAS,所以如果印度尼西亚想要建立一个关于体育的特别法庭,就需要修改法律法规。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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