Racism in Football, How Regulations Respond to It?
From : A.M Oktarina Counsellors at Law
Contributors : Ricki Rahmad Aulia Nasution, S.H., Pramudya Yudhatama, S.H., Khaifa Muna Noer Uh’Dina, S.H., Raysha Alfira, S.H., Putri Shaquila, S.H.
Reviewer : Noverizky Tri Putra Pasaribu, S.H., L.L.M (Adv).
A. Background
Today in the general international world we see football matches, one of that occurs in Indonesia. In a match, of course, always have a “breath” of sportsmanship. But in practice in a match does not only involve tactical aspects and sportsmanship. Many “non-football” aspects often accompany the journey of football itself. One aspect that is grossly unjustified is racism. This may happen for a variety of reasons. One of them, sometimes there are some people in the name of bigotry to the team he supports and even harm others. Not infrequently, we hear news of booing football players who smell of racism. This is certainly an issue that as much as possible there must be clear mitigation. Most recently, this appeared in one of the teams in Indonesia. It should even be a further concern, that with the modern era like today, racist remarks do not only occur on the football field, but may also occur on social media players, or people related to football itself. Looking at this, how does our legal lens regulate related to this? Here we explain the legal point of view from the aspect of football sports and positive law of Indonesia.
B. Legal Basis
- Asian Football Confederation Statutes 2022 (“AFC Statutes/2022″)
- Fédération Internationale de Football Association Statutes 2022 (“FIFA Statutes/2022“).
- Indonesian Criminal Code (“KUHP“).
- Disciplinary Code of the Indonesian Football Association in 2018. (“PSSI Code/2018“).
- Liga 1 in 2020 Regulations (“Liga 1/2020“).
- Statute of the Indonesian Football Association in 2019 concerning Neutrality and Non-Dissemination (“PSSI Statutes/2019“).
- Law Number 11 of 2008 concerning Electronic Information and Transactions jo. Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (“Law 11/2008“).
- Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination (“Law 40/2008“).
Racism is common and familiar to our ears, but what is its definition? The definition of racism itself is known as racial and ethnic discrimination in Indonesian regulations, that is contained in Article 1 number (1) of Law 40/2008 that reads:
“Racial and ethnic discrimination is any form of distinction, exclusion, restriction, or selection based on race and ethnicity, resulting in the revocation or reduction of recognition, acquisition, or exercise of human rights and fundamental freedoms in an equal manner in the civil, political, economic, social, and cultural spheres.”
So in general, what is the legal protection for victims of racism? That it has been explained in the regulation on the elimination of racial and ethnic discrimination regarding the right of a person to make a claim for compensation contained in the provisions stipulated in Article 13 of Law 40/2008 and reads as follows:
“Everyone has the right to file a claim for damages through the district court for acts of racial and ethnic discrimination that harm him.”
Not only that, there are further criminal provisions contained in Chapter VIII, that includes Article 15-Article 21 of Law 40/2008, that contains the highest sanction provisions for a maximum of 5 (five) years and/or a maximum fine of Rp500,000,000.00 (five hundred million rupiah). This is also known to have been stated in the KUHP, where it has been stated in Article 244 of the KUHP that reads:
“Any person who makes distinctions, exceptions, restrictions, or elections based on race and ethnicity that results in the revocation or reduction of recognition, acquisition or exercise of human rights and fundamental freedoms in an equality in the civil, political, economic, social, and cultural fields, shall be punished with imprisonment for not more than 1 (one) year or a maximum fine of category III.”
The following are regulations based on Indonesia’s positive law, so how do regulations in the world of football regulate this? So we may look deeper into the regulations issued by the main of Indonesian football, namely the Indonesian Football Association (“PSSI”) where there are regulations that regulate racism that occurs when the match is held, that is contained in the provisions of Article 51 Liga 1/2020 that reads:
“Things that disrupt the course of the match such as flares, fireworks, smoke bombs, banners that read and / or display racist images, yelling and other things that are racist, discriminatory or political that may be categorized as a disciplinary violation and against that will be subject to sanctions in accordance with the PSSI Disciplinary Code”.
Discriminatory actions that occur can occur during the match, where there are sanctions given in accordance with the provisions of Article 60 in the PSSI Code/2018 that reads:
“1. Players or Officials who commit acts that are discriminatory in nature against others by using insulting, disparaging or demeaning words or actions related to color, language, religion, ethnicity or ethnicity or commit other acts that may be considered discriminatory shall be sanctioned as follows:
- Suspension for at least 5 (five) matches; and
- Sanctions prohibiting entering the stadium for at least 1 (one) match and fines of at least Rp. 300.000.000,- (three hundred million rupiah) if done by Players or Rp. 450.000.000,- (four hundred fifty million rupiah) if done by officials, that will be borne by the club.
“2. If spectators or groups of spectators (supporters) of certain clubs or bodies commit violations as stipulated in paragraph (1) above, whether by installing flags, banners, writings, attributes, choreos or the like during the match, regardless of the reason for weak supervision by the body or club supported by such spectator group, the body or club shall be sanctioned:
- a fine of at least Rp. 450.000.000,- (four hundred and fifty million rupiah); and
- If deemed necessary, taking into account factors such as consequences, repetition of actions, etc., the PSSI Disciplinary Committee or PSSI Appeal Committee may impose other sanctions, such as the closure of the entire stadium or partially, declared lost by deduction of points (forfeit), deduction of points or disqualification from the ongoing competition.
“If the identity of the person concerned is known, every spectator or group of spectators who carry out actions as referred to in Article 60 paragraph (1) and Article 60 paragraph (2) above shall be subject to sanctions in the form of a ban from entering the stadium in matches or competitions held or supervised by PSSI for 2 (two) years.”
That related to this racial act, the FIFA Statutes/2022 itself has explained its provisions, that have been explained in Article 4 Non-Discrimination, Equality and Neutrality, that reads:
“1. Discrimination of any kind against a country, private person or group of people on account of race, skin colour, ethnic, national or social origin, gender, disability, language, religion, political opinion or any other opinion, wealth, birth or any other status, sexual orientation or any other reason is strictly prohibited and punishable by suspension or expulsion.”
“2. FIFA remains neutral in matters of politics and religion. Exceptions may be made with regard to matters affected by FIFA’s statutory objectives.”‘
The same is the case with AFC Statutes/2022 Chapter 1, Article 3 Human Rights, Neutrality and Non-Discrimination, that reads:
“1. The AFC is committed to respecting all internationally recognised human rights and shall strive to promote the protection of these rights.
- The AFC is neutral in matters of politics and religion.
- Discrimination of any kind against a country, private person or group of people on account of race, skin colour, ethnic, national or social origin, gender, disability, language, age, physical appearance, religion, political opinion or any other opinion, wealth, birth or any other status, sexual orientation or any other reason is strictly prohibited and punishable by suspension or expulsion.
- Harassment of any nature (including sexual harassment) is forbidden.
- The AFC shall attribute particular attention to the protection of minors throughout all types of Football and all related activities.
- The AFC shall manage its affairs independently and with no influence from third parties.”
Looking at the positive legal regulations and football above, we may conclude that acts of racism have regulations that prohibit and regulate them. In Indonesia’s positive law, this is clearly stated in a separate law. While PSSI, as the main of Indonesian football, that is also under the auspices of AFC as the main of Asian regional football, and FIFA as the main of world football, is also very concerned about this. Of course, racism cannot be justified and acts are strictly prohibited. But following the increasingly massive times, acts of racism may no longer only be done directly, but may be done through social media. In response to this, regulations in Indonesia have regulated this action with Article 28 paragraph (2) of Law 11/2008 that reads:
“(2) Everyone intentionally and without rights disseminates information aimed at causing hatred or hostility of individuals and/or certain groups of people based on ethnicity, religion, race, and intergroup (SARA).”
And the provisions of Article 45A paragraph (2) of Law 11/2008:
“(2) Any person who intentionally and without rights disseminates information aimed at causing hatred or hostility of individuals and/or certain groups of people based on ethnicity, religion, race, and intergroup (SARA) as referred to in Article 28 paragraph (2) shall be punished with a maximum imprisonment of 6 (six) years and/or a maximum fine of Rp1,000,000,000.00 (one billion rupiah).”
C. Conclusion
Acts of racism are certainly very illegal both ethically and legally. If there are racist or discriminatory acts that occur in the world of football. It needs responsibility, and mitigation from football personnel, associations, and authorized agencies. Racism is a latent disease that must not be allowed to exist.
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