Aristo Marisi Adiputra Pangaribuan, S.H., LL.M. SPORTS LAW By Aristo Marisi Adiputra Pangaribuan, S.H., LL.M.

Various Definitions 1. sports encompasses various laws (sports law itself does not exist) - competition, contract, administrative law 2. Sports and The Law - law impacting sports (transfer of players, mergers of clubs, statute, regulating sports agent) - sports and the law: unique application of legal doctrine to sport activity = need special analysis - supporting the notion that a body of law called sports law might exist - collection and legal doctrine 3. Sports law as field of law: - the field of sports law has moved beyond the traditional legal framework - intellectual seriousness of sports How to decide? the public shaping the answer. Any demand?

Sports Law? Is it Important? Those engaged in the debate concerning whether sports law constitutes a substantive area of law tend to adopt one of three positions: 1) no separately identifiable body of law exists that can be designated as sports law and the possibility that such a corpus of law will ever develop is extremely remote; 2) although sports law does not presently represent a separately identifiable substantive area of law, recent developments suggest that in the near future it will warrant such recognition; or 3) a body of law resently exists that can appropriately be designated as sports law Sports Law? Is it Important? ‘The debate on the existence of sports law as an independent field of law is not extraordinary given that questions about the legitimacy of new fields of law are not uncommon. Similar controversy accompanied the emergence of ‘computer law,’ for example. Such diverse areas of the law as employment law, health law and environmental law ensured similar fates until they became generally recognised as specific fields of law. The process of recognising a new area of the law is slowmoving, because it is connected with a fundamental process of change in society. Sports Law or Sports and Law? Is it Exist or Not?

Sports Law in a nutshell Touches diverse substantive areas of law intersects the law at every cross (contract law, labor law, antitrust law = UEFA financial fair play, Pure Sports Law (lex sportiva) = general principles derived from sports regulations.

Lex Sportiva? Lex Ludica?

Sports and disputes

Why There is an urgency to establish court of sports? it is best applied by a specialised forum or system of arbitration by experts. talk about sports and the law for instance proper interpretation and application of the legislative codes of sports federations. The harmonization between the sports and the law (lex ludica) and pure sports law. leads and regulates the practice of international sporting federations. Law no. 3/2005 says that sports dispute must be settled under the jurisdiction of federation or court of arbitration because It has a formal contractual basis and its legitimacy comes from voluntary agreement or submission to the jurisdiction of sporting federations by athletes and others who come under its jurisdiction. Global sports law is a private system of governance, with its own global forum

What kind of dispute? sports and the law. not to interfere sporting matters (autonomy of match officials) recent cases: Neymar Jr vs FIFA (Neymard red carded and will miss 4 matches. The Brazilian team played two further matches during the 2015 Copa América without Neymar Jr., which leaves two match-bans still to be served.

United States Has Sports Law? Europe Has Sports Law? Does such a thing as European (EU) sports law exist? Weatherill says that the simple answer to this question is ‘yes,’ but that simple answers tend to be misleading, and that this is the case here, too. There is such a thing as EU sports law in the sense that since the entry into force of the Lisbon Treaty on 1 December 2009, sport has been explicitly recognised as an area in which the European Union has authority to intervene. There are a lot of universities in US which has Sport Law as Subject. They are Marquette University Law School offers the nation’s most comprehensive sports law program. The Tulane University Law School offers a certificate in sports law and runs the Sports Lawyers Journal, a student-run law journal funded by the Sports Lawyers Association. The University of Florida - Levin College of Law has an ntertainment and Sports Law Society which hosts an annual Sports Law Symposium. Villanova University School of Law's Jeffrey S. Moorad Center is one of the premier sports law Programs in the country United States Has Sports Law? Sports law in the United States is the body of legal issues at work in the world of both amateur and professional sports in the United States. Sports law overlaps substantially with labor law, contract law, competition or antitrust law, and tort law. Issues like defamation and privacy rights are also integral aspects of sports law. This area of law was established as a separate and important entity only a few decades ago, coinciding with the rise of player-agents and increased media scrutiny of sports law topics.

Indonesia Has Sports Law? Sport Law already exists in Indonesia or Not? How to decide? the public shaping the answer. Any demand? Practicing Sports Law in Indonesia? (+) Niche market (-) the industry is not well established

Court Of Arbitration For Sport (CAS) FIFA has it’s own dispute mechanism PSSI has it’s own dispute mechanism according to FIFA Statute. Arbitration Arbitration

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