PENYELESAIAN SENGKETA KONTRAK PEMAIN SEPAKBOLA DENGAN KLUB YANG WANPRESTASI

Ramdhani, Soni (2014) PENYELESAIAN SENGKETA KONTRAK PEMAIN SEPAKBOLA DENGAN KLUB YANG WANPRESTASI. Other thesis, Untag Surabaya.

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Abstract

The case appears often in recent disputes with the Club's football players, where the Club are not responsible with what has been promised before. It is certainly very apprehensive, especially if an athlete does not work and only relies on his expertise as a professional athlete. As professional athletes sure their time will be used to practice and compete, not allowed to have jobs outside their fields. The Club as an organization that embraces soccer player has the responsibility for what has been agreed upon by both parties intended contract. In this problem can be formulated as to how the efforts made in the face of Club Soccer Player that tort ? and how a player contract dispute resolution in employment perspective ? The contract is a bond commonly found in employment relation, in this football player as athlete bound with one club had links as workers and employers, where football player as a worker that they have skill or provide services to club as a who gives wages or paid in tribute upon achievement being achieved. But what happened many club broken promise adverse athletes from getting delay 1-2 months and get months not paid off from the club his own. See this there must be a remedy from a football player in order to resolve the dispute Club that tort, NDRC (National Dispute Resolution Chamber) which is supposed to be as a forum of dispute resolution between the player and the current football club does not yet exist in Indonesia. The current PSSI (Football Association of Indonesian) has not applied the rules of the Statute of FIFA (Fédération Internationale de Football Association) as it should be, but there are few alternatives other than the FIFA Statutes like the BAKI (Board of arbitration Sport Indonesian), Executive Board, province of PSSI and PSSI Regulations/League. FIFA itself has arguably independent legal or stand on its own without any intervention of the legal Government, there will be strict sanctions if there is a problem that involves national laws/Government. PSSI must act decisively in the face of a dispute athletes and clubs broken promise, if there is no firmness and with good faith of the club and an athlete can submit a claim to the district court. The district court is the last step if all the process of alternative dispute that has been passed by and have not get the result. This is a warning to PSSI for having violated by the FIFA ruling as it should be.

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