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Legal Brief
FIFA Regulations and Indonesia
Football Business
Indonesian Football Association (“PSSI”) is the governing body of football in Indonesia. PSSI’s operation and
purpose is set-out in the PSSI Statute. PSSI has the authority to organize, manage and carry out all activities of
football competitions in Indonesia in accordance with Fédération Internationale de Football Association (”FIFA”),
Asian Football Confederation (”AFC”) and ASEAN Football Federation (”AFF”).
General Overview
Form of Entity
Article 2 (1) PSSI Statute
PSSI is an independent association in the form of a Member-based Legal Entity which was established based on the
Decree of the Minister of Justice of the Republic of Indonesia Number J.A.5/11/6 dated 2 February 1953 and Supplement
to the State Gazette of the Republic of Indonesia Number 18 dated March 3, 1953.
Article 2 (2) PSSI Statute
Development and Management of
Women’s Football
Managing all-level national football
competitions
Strengthen the good organization
governance
Managing the Relationship with
International Football Organizations
National and International Competition
Organizer
Sustainable Football Development
Monitoring the friendly matches
PSSI’s Objectives
Article 4 (1) PSSI Statute
A H R P L e g a l B r i e f
BACKGROUND
FIFA Regulation Adaptations
PSSI adopt the International Football Association Board (”IFAB”) Laws of the Game for the national football
matches. PSSI also adopts FIFA Regulations on the Status and Transfer of Players to regulate players status
and transfers matters.
PSSI adopts FIFA’s club licensing regulation to regulate national clubs licensing and eligibility matters.
Article 9 and Article 10 (1) PSSI Statute
PSSI’s Official Website
Regulation Tree Overview
FIFA Regulation on the Status
and Transfer of Players
FIFA Club Licensing
Regulation
PSSI Statute
Liga 1 and Liga 2 Regulations
IFAB Laws of the Game
A H R P L e g a l B r i e f
NATIONAL LAWS OF THE GAME
PSSI Organization
a. Organize, manage, and coordinate all football competitions and tournaments held in Indonesia, both at the national level
and in other forms of competition.
b. Maintain and ensure the IFAB’s Laws of The Game are implemented in all football competitions and tournaments held in
Indonesia.
c. Forming a quality national team that excels in both regional and international competitions.
d. Develop advanced, modern, and professional football ideas and concept and prevent any behavior that has the potential to
reduce or damage the values of sportsmanship and fair play.
e. Conduct every effort to oppose and prevent the abuse of narcotics, psychotropic substances and illegal drugs in
Indonesian football.
f. Seek legitimate funding sources to support and ensure the work program can run consistently and sustainably and protect
all commercial rights, intellectual rights and assets belonging to PSSI.
PSSI exists for an unlimited period of time and has its head office located in the
capital city of the Republic of Indonesia
PSSI is a member of FIFA, AFC, dan AFF
PSSI is based on Pancasila and the 1945 State Constitution
Article 2 (3) PSSI Statute
Article 2 (3) PSSI Statute
Article 3 (1) PSSI Statute
Activities Conducted by PSSI
Article 4 (2) PSSI Statute
Chairperson
Vice Chairperson I Vice Chairperson II
Zainudin Amali
Erick Tohir
Ratu Tisha D.
Executive Committee
1. Eko Setiawan
2. Endri Irawan
3. Juni Rahman
10.Khairul Anwar
11.Ahmad Riyadh
12.Hasnuryadi
4. Muhammad
5. Rudi Yulianto
6. Sumardji
7. Vivin Cahyani
8. Pieter Tanuri
9. Arya Sinulingga
1. Clubs
2. PSSI Provincial Association
3. Women’s Football Club Association
4. Indonesian Futsal Federation
5. Referee Association
6. Football Player Association
7. Football Coach Association
Article 14 (1) PSSI Statute
Members of PSSI
Current Chairperson
A H R P L e g a l B r i e f
PSSI
Fédération Internationale de Football Association
FIFA is the ultimate administrative authority for association football. The
organization is responsible for governing all aspects of the global game, with
its duties including regulating the rules of play, organizing international
competitions (such as the World Cup), overseeing international player
transfers, and setting up international standards for refereeing and coaching.
Headquarters
Zurich, Switzerland
Members
211 Affiliated Association
Confederations
6 Confiderations
a. to improve the game of football constantly and promote it globally in the light of its unifying, educational, cultural
and humanitarian values, particularly through youth and development programs.
b. to organize its own international competitions.
a. to draw up regulations and provisions and ensure their enforcement.
b. to control every type of association football by taking appropriate steps to prevent infringements of the FIFA
Statutes, regulations or decisions of FIFA or of the Laws of the Game.
c. to prevent all methods or practices which might jeopardize the integrity of matches or competitions or give rise to
abuse of association football.
FIFA Organization
FIFA’s Objectives
General
Secretary
Markus Kattner
President
Giani Infantino
A H R P L e g a l B r i e f
FIFA
Implementation of FIFA Statute in Indonesia
PSSI became a member of FIFA in 1952, solidifying Indonesia's participation in global
football. Therefore, as a member of FIFA, Indonesia is subject to FIFA Statutes, which
serve as the fundamental regulatory framework governing international football.
The position of the FIFA Statute as a source of law in Indonesia lies in the existence of
legal intersections between FIFA Statute with the PSSI Statute.
Intersection Between PSSI Statute And FIFA Statute
The intersection is when a provision has been regulated by the FIFA Statutes intersects with Indonesia’s legal system. The
following are the intersections between the FIFA Statutes and Indonesia’s legal system, including the regulations that will
prevail in such matters:
No. Aspects PSSI Statute FIFA Statute
Organizing and Planning Phase
1 Establishment of Football Association Applied Applied
2 Establishment of Football Club Applied Applied
3 Liga Formation Applied Applied
4 Players, Coaches, and Agents Applied Applied
5 Match Licensing Applied Not Applied
6 Stadium Applied Applied
7 Match Organising Committee Not Applied Applied
8 Match Equipment Not Applied Applied
Match Implementation Phase
1 Inside the Football Field Not Applied Applied
2 Inside and Around the Stadium Applied Applied
3 Outside the Stadium and City Applied Not Applied
A H R P L e g a l B r i e f
FOOTBALL CLUB
Member of PSSI which consist of (i) Professional Club; and (ii) Amateur Club.
Football Club
Art. 1 (9) PSSI Statute
Form of Legal Entity
Limited Liability
Company
Foundation
Football Clubs that play at different
league can be owned by the same legal
entity as long as it does not interfere with
the integrity of the match or competition,
fair play and sports principles and is
subject to stipulations, regulations, and
instructions or circulars issued by PSSI.
Art. 21 (4) PSSI Statute
Licensing Criterion for Football Club
Sporting Infrastructure Personnel and
Administrative
Legal Finance
PSSI has the right to increase the minimum requirements or to improve the criteria set by the competition organizer
for the purpose of entering the competitions.
Following are criterion that a Football Club must adhere in order to obtain a license:
Art. 2 .1 (1) and (3) PSSI Club Licensing Regulations
Based on the PSSI Statute, a Football Club can be established in
the form of:
Implementation of the establishment of Football Club will be
regulated and determined based on stipulations, regulations, and
instructions or circulars issued by PSSI.
Art. 21 (3) PSSI Statute
A H R P L e g a l B r i e f
As Article 9 PSSI Statute mandates that the provisions on player status and player transfers are regulated by the Executive
Committee which is based on the FIFA Regulations on the Status and Transfer of Players ("FIFA Reg. Status and Transfer"),
below are some of the provisions regulated in FIFA Reg. Status and Transfer.
Transfer Compensation: the transfer of players between clubs
belonging to the same association is governed by specific regulations
issued by the association
Status of Players
Players participating in organized football are
either:
Professional Amateur
or
and no other status shall be recognized.
Chapter 2 (2) (1) FIFA Reg. Status and Transfer
The minimum length of a contract shall be from its effective date until
the end of the season, while the maximum length of a contract shall be
5 years. Contracts of any other length shall only be permitted if
consistent with national laws.
Players under the age of 18 may not sign a professional contract for a
term longer than 3 years. Any clause referring to a longer period shall
not be recognized.
Chapter 4 (18) (2) FIFA Reg. Status and Transfer
Chapter 1 (1) (2) FIFA Reg. Status and Transfer
Loan of Players
Chapter 3 (10) (1) FIFA Reg. Status and Transfer
a. The clubs shall conclude a written agreement defining the terms of the loan, in particular its duration and financial
conditions. The player may also be a party to the loan agreement.
b. The player and the new club shall sign a contract covering the duration of the loan. This contract shall acknowledge that
the professional is on loan.
c. During the agreed duration of the loan, the contractual obligations between the professional and the former club shall be
suspended unless otherwise.
d. A loan agreement may be concluded for a minimum duration of the time between two registration periods and a
maximum duration of one year. The end date shall fall within one of the registration periods of the association of the
former club. Any clause referring to a longer duration of the loan shall not be recognized.
e. A loan agreement may be extended, subject to the above minimum and maximum durations, with the written consent of
the professional.
f. A new club is prohibited from sub-loaning or permanently transferring a professional to a third club.
Rules to the Loan of Players
A professional may be loaned for a predetermined period by their club to another club on the basis of a written agreement
Chapter 3 (10) (1) FIFA Reg. Status and Transfer
A H R P L e g a l B r i e f
PLAYERS’ STATUS AND TRANSFER
NDRC Indonesia shall be the authorized arbitration body competent to handle all Disputes between football club
and players regarding employment and contractual stability as governed by the regulatory frameworks of FIFA and
PSSI, as well as Disputes relating to training compensation and solidarity contribution between football clubs and
also between football club and football school.
According to Article 1 (8) PSSI Regulations National Dispute Resolution Chambers Indonesia (“PSSI Reg. NDRC”), dispute
means:
differences that arise in out of a contract between a player and a football club or a football school; or
differences that arise between football clubs; or
differences between a football club and a football school,
(hereinafter shall referred to as “Disputes”)
a
b
c
Article 2 PSSI Reg. NDRC
The parties shall subject themselves to the jurisdiction of NDRC Indonesia by inserting the NDRC Indonesia arbitration
clause in their contract, which shall read as follows:
Any disagreement, dispute, lawsuit, interpretation of this Contract, which cannot be resolved by deliberation to reach
consensus, shall and must be submitted to, to be examined and decided by National Dispute Resolution Chamber
(NDRC) Indonesia, whose decision is binding on the conflicting parties as a final and binding decision.
“
”
Important Notes
Primarily, dispute resolution must first take internal peace efforts through the PSSI general secretariat or through the
PSSI Provincial Association appointed by the PSSI General Secretariat. In the event that it is not settled, disputes within
PSSI or disputes involving PSSI members, PSSI affiliated institutions and/or parties affiliated with or related to PSSI can only be
resolved through arbitration as a last resort, which resolves the dispute definitively by excluding the body or state institutions or
general courts.
Court of Arbitration for Sport (CAS)
Any appeals submitted against FIFA Decision which are final and binding are submitted to the Court of Arbitration for Sport in
Lausanne, Switzerland. However, there are some matters that cannot be appealed, including, violations of the Laws of the Game,
temporary suspension for up to 4 matches or up to 3 months or a decision passed by an arbitration body from an independent
association or confederation.
Dispute Settlement Regulated under PSSI Statute
A H R P L e g a l B r i e f
DISPUTE SETTLEMENT
We will continue to follow the developments on this topic and provide additional information as it
becomes available. If you have any questions on this topic, please contact:
Aryangga Pradana Febrianto
aryangga@ahrplaw.com
Daffa Hadyansha
daffa@ahrplaw.com
Jeff Nolan Lintang
Jeff@ahrplaw.com
This publication has been prepared by AHRP for educational and informational purposes only. The information contained in this publication is not
intended and should not be construed as legal advice. Due to the rapidly changing nature of law, AHRP makes no warranty or guarantee
concerning the accuracy or completeness of this content. You should consult with an attorney to review the current status of the law and how it
applies to your circumstances before deciding to take any action.
World Capital Tower 19th floor
Jl. Mega Kuningan Barat No.3, Kuningan
Jakarta 12950 Indonesia
P: +6221 50917915
+6221 50917916
E: office@ahrplaw.com
www.ahrplaw.com

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FIFA Regulations and Indonesia Football Business.pdf

  • 1. Legal Brief FIFA Regulations and Indonesia Football Business
  • 2. Indonesian Football Association (“PSSI”) is the governing body of football in Indonesia. PSSI’s operation and purpose is set-out in the PSSI Statute. PSSI has the authority to organize, manage and carry out all activities of football competitions in Indonesia in accordance with Fédération Internationale de Football Association (”FIFA”), Asian Football Confederation (”AFC”) and ASEAN Football Federation (”AFF”). General Overview Form of Entity Article 2 (1) PSSI Statute PSSI is an independent association in the form of a Member-based Legal Entity which was established based on the Decree of the Minister of Justice of the Republic of Indonesia Number J.A.5/11/6 dated 2 February 1953 and Supplement to the State Gazette of the Republic of Indonesia Number 18 dated March 3, 1953. Article 2 (2) PSSI Statute Development and Management of Women’s Football Managing all-level national football competitions Strengthen the good organization governance Managing the Relationship with International Football Organizations National and International Competition Organizer Sustainable Football Development Monitoring the friendly matches PSSI’s Objectives Article 4 (1) PSSI Statute A H R P L e g a l B r i e f BACKGROUND
  • 3. FIFA Regulation Adaptations PSSI adopt the International Football Association Board (”IFAB”) Laws of the Game for the national football matches. PSSI also adopts FIFA Regulations on the Status and Transfer of Players to regulate players status and transfers matters. PSSI adopts FIFA’s club licensing regulation to regulate national clubs licensing and eligibility matters. Article 9 and Article 10 (1) PSSI Statute PSSI’s Official Website Regulation Tree Overview FIFA Regulation on the Status and Transfer of Players FIFA Club Licensing Regulation PSSI Statute Liga 1 and Liga 2 Regulations IFAB Laws of the Game A H R P L e g a l B r i e f NATIONAL LAWS OF THE GAME
  • 4. PSSI Organization a. Organize, manage, and coordinate all football competitions and tournaments held in Indonesia, both at the national level and in other forms of competition. b. Maintain and ensure the IFAB’s Laws of The Game are implemented in all football competitions and tournaments held in Indonesia. c. Forming a quality national team that excels in both regional and international competitions. d. Develop advanced, modern, and professional football ideas and concept and prevent any behavior that has the potential to reduce or damage the values of sportsmanship and fair play. e. Conduct every effort to oppose and prevent the abuse of narcotics, psychotropic substances and illegal drugs in Indonesian football. f. Seek legitimate funding sources to support and ensure the work program can run consistently and sustainably and protect all commercial rights, intellectual rights and assets belonging to PSSI. PSSI exists for an unlimited period of time and has its head office located in the capital city of the Republic of Indonesia PSSI is a member of FIFA, AFC, dan AFF PSSI is based on Pancasila and the 1945 State Constitution Article 2 (3) PSSI Statute Article 2 (3) PSSI Statute Article 3 (1) PSSI Statute Activities Conducted by PSSI Article 4 (2) PSSI Statute Chairperson Vice Chairperson I Vice Chairperson II Zainudin Amali Erick Tohir Ratu Tisha D. Executive Committee 1. Eko Setiawan 2. Endri Irawan 3. Juni Rahman 10.Khairul Anwar 11.Ahmad Riyadh 12.Hasnuryadi 4. Muhammad 5. Rudi Yulianto 6. Sumardji 7. Vivin Cahyani 8. Pieter Tanuri 9. Arya Sinulingga 1. Clubs 2. PSSI Provincial Association 3. Women’s Football Club Association 4. Indonesian Futsal Federation 5. Referee Association 6. Football Player Association 7. Football Coach Association Article 14 (1) PSSI Statute Members of PSSI Current Chairperson A H R P L e g a l B r i e f PSSI
  • 5. Fédération Internationale de Football Association FIFA is the ultimate administrative authority for association football. The organization is responsible for governing all aspects of the global game, with its duties including regulating the rules of play, organizing international competitions (such as the World Cup), overseeing international player transfers, and setting up international standards for refereeing and coaching. Headquarters Zurich, Switzerland Members 211 Affiliated Association Confederations 6 Confiderations a. to improve the game of football constantly and promote it globally in the light of its unifying, educational, cultural and humanitarian values, particularly through youth and development programs. b. to organize its own international competitions. a. to draw up regulations and provisions and ensure their enforcement. b. to control every type of association football by taking appropriate steps to prevent infringements of the FIFA Statutes, regulations or decisions of FIFA or of the Laws of the Game. c. to prevent all methods or practices which might jeopardize the integrity of matches or competitions or give rise to abuse of association football. FIFA Organization FIFA’s Objectives General Secretary Markus Kattner President Giani Infantino A H R P L e g a l B r i e f FIFA
  • 6. Implementation of FIFA Statute in Indonesia PSSI became a member of FIFA in 1952, solidifying Indonesia's participation in global football. Therefore, as a member of FIFA, Indonesia is subject to FIFA Statutes, which serve as the fundamental regulatory framework governing international football. The position of the FIFA Statute as a source of law in Indonesia lies in the existence of legal intersections between FIFA Statute with the PSSI Statute. Intersection Between PSSI Statute And FIFA Statute The intersection is when a provision has been regulated by the FIFA Statutes intersects with Indonesia’s legal system. The following are the intersections between the FIFA Statutes and Indonesia’s legal system, including the regulations that will prevail in such matters: No. Aspects PSSI Statute FIFA Statute Organizing and Planning Phase 1 Establishment of Football Association Applied Applied 2 Establishment of Football Club Applied Applied 3 Liga Formation Applied Applied 4 Players, Coaches, and Agents Applied Applied 5 Match Licensing Applied Not Applied 6 Stadium Applied Applied 7 Match Organising Committee Not Applied Applied 8 Match Equipment Not Applied Applied Match Implementation Phase 1 Inside the Football Field Not Applied Applied 2 Inside and Around the Stadium Applied Applied 3 Outside the Stadium and City Applied Not Applied A H R P L e g a l B r i e f
  • 7. FOOTBALL CLUB Member of PSSI which consist of (i) Professional Club; and (ii) Amateur Club. Football Club Art. 1 (9) PSSI Statute Form of Legal Entity Limited Liability Company Foundation Football Clubs that play at different league can be owned by the same legal entity as long as it does not interfere with the integrity of the match or competition, fair play and sports principles and is subject to stipulations, regulations, and instructions or circulars issued by PSSI. Art. 21 (4) PSSI Statute Licensing Criterion for Football Club Sporting Infrastructure Personnel and Administrative Legal Finance PSSI has the right to increase the minimum requirements or to improve the criteria set by the competition organizer for the purpose of entering the competitions. Following are criterion that a Football Club must adhere in order to obtain a license: Art. 2 .1 (1) and (3) PSSI Club Licensing Regulations Based on the PSSI Statute, a Football Club can be established in the form of: Implementation of the establishment of Football Club will be regulated and determined based on stipulations, regulations, and instructions or circulars issued by PSSI. Art. 21 (3) PSSI Statute A H R P L e g a l B r i e f
  • 8. As Article 9 PSSI Statute mandates that the provisions on player status and player transfers are regulated by the Executive Committee which is based on the FIFA Regulations on the Status and Transfer of Players ("FIFA Reg. Status and Transfer"), below are some of the provisions regulated in FIFA Reg. Status and Transfer. Transfer Compensation: the transfer of players between clubs belonging to the same association is governed by specific regulations issued by the association Status of Players Players participating in organized football are either: Professional Amateur or and no other status shall be recognized. Chapter 2 (2) (1) FIFA Reg. Status and Transfer The minimum length of a contract shall be from its effective date until the end of the season, while the maximum length of a contract shall be 5 years. Contracts of any other length shall only be permitted if consistent with national laws. Players under the age of 18 may not sign a professional contract for a term longer than 3 years. Any clause referring to a longer period shall not be recognized. Chapter 4 (18) (2) FIFA Reg. Status and Transfer Chapter 1 (1) (2) FIFA Reg. Status and Transfer Loan of Players Chapter 3 (10) (1) FIFA Reg. Status and Transfer a. The clubs shall conclude a written agreement defining the terms of the loan, in particular its duration and financial conditions. The player may also be a party to the loan agreement. b. The player and the new club shall sign a contract covering the duration of the loan. This contract shall acknowledge that the professional is on loan. c. During the agreed duration of the loan, the contractual obligations between the professional and the former club shall be suspended unless otherwise. d. A loan agreement may be concluded for a minimum duration of the time between two registration periods and a maximum duration of one year. The end date shall fall within one of the registration periods of the association of the former club. Any clause referring to a longer duration of the loan shall not be recognized. e. A loan agreement may be extended, subject to the above minimum and maximum durations, with the written consent of the professional. f. A new club is prohibited from sub-loaning or permanently transferring a professional to a third club. Rules to the Loan of Players A professional may be loaned for a predetermined period by their club to another club on the basis of a written agreement Chapter 3 (10) (1) FIFA Reg. Status and Transfer A H R P L e g a l B r i e f PLAYERS’ STATUS AND TRANSFER
  • 9. NDRC Indonesia shall be the authorized arbitration body competent to handle all Disputes between football club and players regarding employment and contractual stability as governed by the regulatory frameworks of FIFA and PSSI, as well as Disputes relating to training compensation and solidarity contribution between football clubs and also between football club and football school. According to Article 1 (8) PSSI Regulations National Dispute Resolution Chambers Indonesia (“PSSI Reg. NDRC”), dispute means: differences that arise in out of a contract between a player and a football club or a football school; or differences that arise between football clubs; or differences between a football club and a football school, (hereinafter shall referred to as “Disputes”) a b c Article 2 PSSI Reg. NDRC The parties shall subject themselves to the jurisdiction of NDRC Indonesia by inserting the NDRC Indonesia arbitration clause in their contract, which shall read as follows: Any disagreement, dispute, lawsuit, interpretation of this Contract, which cannot be resolved by deliberation to reach consensus, shall and must be submitted to, to be examined and decided by National Dispute Resolution Chamber (NDRC) Indonesia, whose decision is binding on the conflicting parties as a final and binding decision. “ ” Important Notes Primarily, dispute resolution must first take internal peace efforts through the PSSI general secretariat or through the PSSI Provincial Association appointed by the PSSI General Secretariat. In the event that it is not settled, disputes within PSSI or disputes involving PSSI members, PSSI affiliated institutions and/or parties affiliated with or related to PSSI can only be resolved through arbitration as a last resort, which resolves the dispute definitively by excluding the body or state institutions or general courts. Court of Arbitration for Sport (CAS) Any appeals submitted against FIFA Decision which are final and binding are submitted to the Court of Arbitration for Sport in Lausanne, Switzerland. However, there are some matters that cannot be appealed, including, violations of the Laws of the Game, temporary suspension for up to 4 matches or up to 3 months or a decision passed by an arbitration body from an independent association or confederation. Dispute Settlement Regulated under PSSI Statute A H R P L e g a l B r i e f DISPUTE SETTLEMENT
  • 10. We will continue to follow the developments on this topic and provide additional information as it becomes available. If you have any questions on this topic, please contact: Aryangga Pradana Febrianto aryangga@ahrplaw.com Daffa Hadyansha daffa@ahrplaw.com Jeff Nolan Lintang Jeff@ahrplaw.com This publication has been prepared by AHRP for educational and informational purposes only. The information contained in this publication is not intended and should not be construed as legal advice. Due to the rapidly changing nature of law, AHRP makes no warranty or guarantee concerning the accuracy or completeness of this content. You should consult with an attorney to review the current status of the law and how it applies to your circumstances before deciding to take any action. World Capital Tower 19th floor Jl. Mega Kuningan Barat No.3, Kuningan Jakarta 12950 Indonesia P: +6221 50917915 +6221 50917916 E: office@ahrplaw.com www.ahrplaw.com