Ali Salmande, Andin Aditya Rahman
Disputes between football clubs and their players are commonplace in Indonesian football, mostly involving unpaid salary of players. While this type of dispute is difficult to resolve under the current Indonesian football system, a simple solution to this problem exists.
Brendan Schwab, Vice President of the Fédération Internationale des Associations de Footballeurs Professionnels (FIFPro), suggested that Indonesian football clubs and players should be subject to Indonesia’s labor law, namely Law
No. 13 of 2003(Labor Law).
“Indonesia has ratified the ILO (International Labor Organization) declaration, therefore Indonesian footballers should have the right to obtain protection under this declaration,” added Mr. Schwab during the 2014 International Legal Conference held by FIFPro and the Indonesian Professional Footballers’ Association (APPI) in Jakarta on Tuesday.
Riza Hufaida, a member of the legal team from APPI, acknowledged discussing this matter with the Ministry of Manpower and Transmigration (Ministry). The discussions led to the same conclusion, football players are labors under the Labor Law.
“We received clarification that is very clear-cut and logical, football players are workers, employees, or laborers based on the Labor Law,” Mr. Hufaida explained.
This conclusion, continued Mr. Hufaida, infers that disputes between football players and clubs can be resolved by and Industrial Relations Court (PHI).
“We can resolve future cases at a PHI,” said Riza.
Kun Wardana Abiyoto, UNI Global Union Asia and Pacific, confirmed the above view, and also asserted that the Ministry sees players as workers under the Labor Law. Further, Mr. Abiyoto suggested the APPI register itself as a union with the Ministry.
Such registration, according to Mr. Abiyoto, is needed so that the APPI can fully function in disputes between football clubs and players, specifically in providing legal counsel for players. He explained that this can be done, despite the APPI having football players from various football clubs.
(For more information on the Industrial Relations Court system, see: ILD
No. 334)
(hot/kc)