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Abstract
The Bosman ruling means that players could move or transfer to a new club at the end of their contract without paying their former clubs any fee. A player can now agree with a pre-contract with another club for a free transfer if the players' contract with their existing club has six months or less remaining. This means that the Bosman Rulingis a pioneer in the freedom of contract aspect in sports law. According to Law Number 3 of 2005 on National Sports System in Indonesia, the problem in Indonesia is that there is no regulation regarding the freedom of contract for the sporting member in Indonesia. Some cases violate the Bosman Ruling against foreign football players Damian Linzio. Damian Linzio cannot solve his problems because there is no regulation related to Bosman Ruling issues in Indonesia. This Research aims to adapted Bosman Ruling into Indonesian Sports Law based on Law Number 3 of 2005 concerning the National Sports System. Bosman Ruling is very important in sports law because it regulates the freedom of contract. The type of this research is normative legal research. Normative legal research is a process to find the rule of law, principles of law, and the legal doctrines to address the legal issues faced equal treatment of foreign players in freedom to transfer, the need to introduce bosman ruling into indonesian sports law, study case of damian linzio and bring the case to the court of arbitration for sport. This research found that Indonesia needs to apply Bosman Ruling as the pioneer of freedom of contract to Indonesian Sports Law. Bosman Ruling can be adapted in Law Number 3 of 2005 on the National Sports System in Indonesia. For Damian Linzio, author recommend to bringing the case to Court of Arbitration for Sport because they are more competent to resolve sports cases.
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References
- Abram, Roger I. Sports Justice. New York: Northeastern University Press, 2010.
- Anonymous. “Bosman Ruling to Chance the Football Transfer.” www.bola.net, 2019. https://www.bola.net/open-play/aturan-bosman-aturan-yang-mengubah-transfer-sepakbola-77bccc.htm.
- Anonymous. “Bosman Transfer Ruling Stunted Scottish Game - Paul Kane.” www.bbc.com, 2019. https://www.bbc.com/sport/football/35099613.
- Anonymous. “Organisation and Structure of the ICAS and CAS.” tas-cas.org, 2021. https://www.tas-cas.org/en/general-information/history-of-the-cas.html.
- Anonymous. “Persebaya Winger Missing on Indonesian League Website.” kupang.tribunnews.com, 2019. https://kupang.tribunnews.com/2019/09/13/winger-persebaya-hilang-di-website-liga-indonesia-damian-lizio-dicoret-digantikan-jose-sardon-info.
- Anonymous. “What Was the Bosman Ruling? The One Minute Guide.” www.open.edu, 2019. https://www.open.edu/openlearn/health-sports-psychology/health/sport-and-fitness/sport/what-was-the-bosman-ruling-the-one-minute-guide.
- Antonioni, P, and J Cubbin. “The Bosman Ruling and the Emergence of a Single Market in Soccer Talent.” European Journal of Law and Economics 9 (2000): 157–73.
- Binder, John, and Murray Findlay. “The Effects of the Bosman Ruling on National and Club Teams in Europe.” SSRN Electronic Journal 13, no. 2 (2011): 1–32. https://doi.org/10.2139/ssrn.1317204.
- Bogaert, Steefan Van Den. “Bosman: One for All.” Maastricht Journal of European and Comparative Law 11, no. 2 (2015): 1–12.
- Chester, Nolte. Sports Law (Microform). Washington D.C: Tort Liability of the College and University Athletic Department Administrator ERIC clearinghouse, 1979.
- Dejonghe, Trudo. “Competitive Balance between National Leagues in European Football after the Bosman Case.” Rivista Di Diritto Ed Economia Dello Sport 6, no. 2 (2010): 41–61.
- Franck, Latty. Kedaulatan Negara Vs Kedaulatan FIFA. Jakarta: Kompas Gramedia, 2011.
- Frick, Bernd. “Globalization and Factor Mobility: The Impact of the ‘Bosman-Ruling’’’ on Player Migration in Professional Soccer.’” Journal of Sports Economics 10, no. 1 (2009): 88–106. https://doi.org/10.1177/1527002508327399.
- Gardiner, Simon. Sports Law. New York: Cavendish Publishing, 2012.
- Hill, Katelynn. “Index: Sports Law in Law Reviews and Journals.” Marquette Sports Law Review (2000) 27, no. 2 (2017): 615.
- Husni, Lalu. Pengantar Hukum Ketenagakerjaan Indonesia. Jakarta: Grafindo, 2006.
- J., Mitten Matthew. “Foreward to Sports Law as a Reflection of Society ’s Laws and Values.” South Texas Law Review 38, no. 4 (1997): 999–1006.
- Kusumawardana, Andrian. “Arbitrase Sebagai Alternatif Penyelesaian Sengketa Dibidang Sepakbola Di Indonesia.” Universitas Airlangga, 2004.
- Madichie, Nnamdi. “Management Implications of Foreign Players in the English Premiership League Football.” Management Decision 47, no. 1 (2009): 24–50. https://doi.org/10.1108/00251740910929687.
- Marquette Lawyer. “Vibrant and Mature, Marquette’s Pioneering Sports Law Institute Draws Students from Coast to Coast.” Sport Law, 2011.
- McLaren, R. H. “Introducing the Court of Arbitration for Sport: The Ad Hoc Division at the Olympic Games.” Marq. Sports L. Rev. 12, no. 1 (2001): 515. http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/mqslr12§ion=24%5Cnhttp://www.tvbeurope.com/c/document_library/get_file?uuid=4c83c4aa-4f5d-472f-bc20-1c316644d9e3&groupId=26422.
- McMahon, Bobby. “Why The Bosman Ruling Never Brought The Chaos So Many Predicted.” www.fobes.com, 2019. https://www.forbes.com/sites/bobbymcmahon/2015/12/15/the-threat-of-players-using-the-bosman-rule-has-been-more-powerful-than-invoking-it/#1ad3c4c72004.
- Sansom, Antony. “What’s Wrong With The Beautiful Game Part 2: The Bosman Ruling.” bleacherreport.com, 2019. https://bleacherreport.com/articles/141771-whats-wrong-with-the-beautiful-game-part-2-the-bosman-ruling.
- Wirawan, Randy. “Damian Lizio’s Farewell Message to Persebaya Surabaya and Bonek.” balalob.com, 2019. https://bolalob.com/read/125854/pesan-perpisahan-damian-lizio-untuk-persebaya-surabaya-dan-bonek.