LEGAL PROTECTION AGAINST E-SPORT PLAYER LOSSES
CARRIED OUT BY ONE OF THE MANAGEMENTS IN
INDONESIA
Yunita Puspita Sari 1.
Siska Wahyu Perdana 2 .
Saddam Harits N.
K 3,
Nabila Wildana 4 Surabaya State University.
21039@mhs.
id, 2 Surabaya State University siskawahyu.
21045@mhs.
id 3 Surabaya State University saddamharits.
21107@mhs.
id, 4 Surabaya State University 21202@mhs.
Abstract Today the use of the internet has become a basic need for mankind.
The internet plays an important role in the dissemination of information and facilitates human life in various sectors, including sports.
Online Sports qtau commonly known as E-Sport, ink sports have been recognized since 2008.
With the establishment of being an official sport, of course.
ESport requires legal protection.
Because this sport is relatively new, there are some legal protections that are still lacking for athletes or E-Sport players.
The General Manager of ESport Indonesia has officially issued regulations to supervise E-Sport activities in Indonesia.
This arrangement is contained in the Regulation of the Indonesian Electronic Sports Management Board Number: 034/PB-ESI/B/VI/2021 concerning the Implementation of Electronic Sports Activities in Indonesia (PBEI Regulation Number 34 of 2.
Keywords: Sport.
E-Sport.
Regulation INTRODUCTION The internet is a form of information that can be used as a medium to increase human knowledge and capabilities.
The internet can be used in various aspects of community life such as in economic, educational, social, and cultural aspects.
Many products are produced through the internet as a means to facilitate human activities such as e-learning, e-business, e-banking, social media, and electronic sports or commonly called Electronic Sports (E-Spor.
Indonesia ESports Association (IeSPA) is an organization that oversees E-Sports in Indonesia.
Along with the times, technological developments indirectly have a huge impact on human life.
In ancient times sports could only be done directly related to human physicality, but nowadays there is one of electronic sports or commonly called Electronic Sports (ESpor.
The electronic sports or E-Sportbranch has been recognized by the world community In Indonesia.
E-Sportwas first contested in 1999.
At that time E-Sport was not as widely discussed in Indonesia as it is today because it was influenced by the lack of support from the Indonesian government and society.
E-Sportsis the future sports industry in Indonesia.
There are five founders of E-Sportsin Indonesia, namely Eddy Lim.
Prana Adisapoetra.
Erwin.
Richard.
Permana and Terry.
These five people then formed an E-Sports gaming organization in 2013, called Indonesia E-Sports Association (IeSPA).
The organization later expanded to 12 provinces in Indonesia, including West Papua.
In 2018 for the first time E-Sportswas competed in Indonesia at the Asian Games.
There were 6 games competed at the event, namely Arena of Valor.
Pro Evolution Soccer (PES).
League of Legends.
HearthStone.
Clash Royale, and Starcraft 2 (Wildan Hernanda Agung Nugraha, 2.
E-Sportplayers who have professionalism are incorporated into a single management The club's shareholders invest effort, time and thought to achieve the best performance and also hire professional players to make a profit.
The Indonesian E-Sports team itself is in the form of a limited liability company (PT), and its business system is based on Law Number 40 of 2007 concerning Limited Liability Companies, in accordance with PT Previously.
E-Sports did not have a clear legal basis and was only based on Law Number 3 of 2005 concerning the National Sports System.
But with the growing popularity of E-Sportsin Indonesia, the Ministry of Youth and Sports of the Republic of Indonesia (KEMENPORA) encourages the establishment of regulations regarding E-Sports to ensure legal certainty for E-Sports players and teams in Indonesia.
Furthermore.
PBESI implemented PBESI Regulation No.
034/PB-ESI/B/VI/2021 of 2021 concerning the Implementation of E-Sport in Indonesia.
Although PBESI Regulation Number 034/PB-ESI/B/VI/2021 concerning the Implementation of E-Sportin Indonesia has been ratified, the regulation still does not regulate much about player protection.
Therefore, legal protection efforts for E-Sportplayers are needed to prevent deviant actions from those who oversee them.
This is one of the efforts to protect E-Sportplayers from poaching .
layer transfer violation.
and provide indirect authority to PBESI to supervise E-Sportplayers in Indonesia.
In addition.
ESportathletes can prevent and / or regulate the problem of player transfer violations in collective bargaining agreements with athletes.
This is a form of compensation as well as being the main key to preventing athletes from committing player transfer violations.
So that with these problems, the background of this research is as a form of legal protection effort for ESportplayers and considering salary payments to professional athletes fairly in order to revive ESports in Indonesia.
RESEARCH METHOD
This research uses a description of legal theories and then analyzes based on all data obtained through books, articles and scientific journals and supported by other relevant sources related to E-Sports.
supported by other relevant sources related to E-Sports.
The research uses an overview of other legal theories to enrich the analysis of the data obtained.
And this research uses a conceptual approach, this conceptual approach is used to understand concepts related to ESports activities in Indonesia and poaching practices in the field of E-Sports, as well as what legal efforts can be made to prevent and eradicate poaching practices in Indonesia.
A method of collecting sources of information by listing E-Sport's laws and regulations.
This collection utilizes a methodology to search for regulations relevant to the formulation of the relevant problem and then review the laws to determine their relevance to the needs and formulation of the problem.
To complete the legal documentation, library research or document research methods are also used to collect secondary legal materials.
Based on the legal research reviewed, a normative-perspective analysis was used as the method of analysis.
DISCUSSION
E-Sportis a sport that in Indonesian means Auelectronic sportsAy and this sport is relatively new in Indonesia.
E-Sportsitself is asportbased on electronic devices such as computers, smartphones, and gaming consoles such as PlayStation and Xbox.
There are various definitions of E-Sports, which are supported not only by academic experts but also by market analysts and ESports associations.
According to the E-SportAssociation.
E-Sportsis competition between human players using video games and computers using various digital devices and platforms.
And according to market analysis.
E-Sports are competitive and organized computer or console games at a professional or amateur .
emi-professiona.
E-Sportsis one of the manifestations of technological development in the field of sports, a development that is socially accepted and expands the possibilities of sports.
The restriction of E-Sportsitself is the physical activity of athletes, the characteristic of E-Sportsitself is not only physical activity, but also the rules and skills required, and furthermore, the professionalism of the players is key in sports In Indonesia.
E-Sportwas first contested in 1999 at that time, but E-Sport in Indonesia was not too popular in its existence unlike today which is increasingly advanced and more upgraded in its development.
So that over time E-Sports are increasingly recognized by the public, especially among teenagers.
In 2008 E-Sport began to be recognized by people in the world and in Indonesia E-Sport was already a hot topic of conversation at that time.
That is because the number of prizes is very fantastic, making people curious and starting to follow developments about E-Sport tournaments or digital-based sports.
There are 5 founders of E- Sport in Indonesia, namely Eddy Lim.
Prana Adisapoetra.
Erwin.
Richard.
Permana and Terry.
These five people then formed an E-Sports gaming organization in 2013, called Indonesia E- Sports Association or Indonesia E-Sports Association (IeSPA).
The formation of leSPA as a forum and interest in playing online games, as well as to accommodate players who will compete in tournaments or an E-Sportmatch itself.
Article1 point 24 of the Sports Law explains that the parent branch organization is a sports organization that sponsors, develops, and coordinates 1 .
sport, type of sport, or a combination of sports organizations from 1 .
type of sport that is a member of the federation.
Number 34 of 2.
regarding the Implementation of Electronic Sports Activities in Indonesia.
Basically.
E-Sportsis one of the competitive and professional sports through competitive games that are recognized nationally by the Central Council of Indonesian Electronic Sports.
E-Sportteams that have developed significantly in Indonesia include EVOS E- Sports.
Team RRQ.
ONIC E-Sports, and Bigetron Ra.
E-Sportteams are divided into professional ESportteams and amateur E-Sportteams.
The professional E-Sportteams are also divided into two divisions, namely Indonesian professional E-Sportteams and overseas professional ESportteams.
Indonesian professional E-Sportsteams must meet administrative and achievement requirements, and must at least meet administrative requirements (Article 8 of PBEI Regulation No.
34 of 2.
Based on these administrative requirements, it can be said that E-Sportteams need to establish a legal entity in the form of a PT (Limited Liability Compan.
Therefore.
ESportteams must comply with the amendments to Law No.
40 of 2007 concerning Limited Liability Companies and Law No.
11 of 2020 concerning Job Creation.
E-Sports legal basis arises from the clarification of Article 20 paragraph .
of the Sports Law.
In other words:
AuTechnology-based sportsAy means competitive and interactive sports that use tools or AuIntermediary devicesAy are defined as computers, laptops, consoles, simulators, and gadgets.
We can conclude that E-Sports in Indonesia are known as E- Sports or technology-based sports and are legally recognized as sports.
Perpres 97/2019 does not contain provisions regarding E-Sports, but contains provisions regarding restrictions on game applications and developers in the creative field as stipulated in paragraph .
, it is the responsibility of the The Department of Creative Industry and Economy supports the President in leading the state government in the field of tourism and creative industry.
E-Sportsitself is one of the sports that is also a sport.
competitive based on Article 1.
Article 1.
Number 12 OF LAW.
November 2022 on Sports, namely: Through competitions that are planned, systematic, integrated, gradual and sustainable to achieve success supported by competitive sports science and sports science and technology.
However.
Article 21 .
of the Sports Law stipulates that sports can be organized using digital and electronic technology as part of competitive sports, educational sports, and community sports.
The focus of E- Sportadoption remains on fitness, health and social interaction.
Indonesia revoked the Aerowolf LIMAX E-Sport team's right to participate in the worldwide PUBG Mobile league until December 31, 2022.
This is due to mistakes made by Aerowolf LIMAX management.
PUBG said they had zero tolerance for team owners and team managers who treated players unfairly in their ecosystem.
However.
PUBG did not provide further explanation of what kind of unfair treatment the management and team owners did to the Furthermore, in E-Sports, player recruitment is the most important factor in acquiring the players needed to achieve a team's goals.
However, poaching often occurs during Poaching itself is an attempt by an E-Sportteam to recruit an E-Sport athlete.
It can also put athletes in breach of contract and potentially lead to lawsuits from the athlete's home team.
Although there is no written law detailing poaching, poaching can be classified as illegal.
Poaching is enough to be illegal in any sport.
Wrongful conduct actions are usually filed by parties non-contracting parties when disputes arise.
Therefore, the current law must guarantee legal protection and legal certainty for parties who feel aggrieved.
With the development of E-Sports in Indonesia.
IESPA (Indonesian Electronic Sports Associatio.
was established as the parent company of E-Sports in Indonesia.
As reported by the IESPA website, the founders applied to join FORMI (Indonesian Recreation and Sports Federatio.
so that IESPA was recognized as a parent organization.
First.
IESPA was recognized as an audit member consisting of executives from at least six countries.
FORMI
supported IESPA's participation as a trial member in the International Electronic Sports Federation (IESF).
In November 2013.
IESPA was accepted as a member of the IESF General Assembly in Bucharest.
Romania.
However, there is no legal basis that specifically regulates E-Sport.
However, in Indonesia.
E-Sportsare currently regulated under the Sports Law, and the central and local governments are promoting and developing E-Sports.
E-SportPlayer's Rights and Cooperation with E-SportTeams PEBSI Regulation 2021 034 Regulates E-SportPlayer's Rights.
CONCLUSION
E-Sportis a sport that in Indonesian means Auelectronic sportsAy and this sport is relatively new in Indonesia.
E-Sportsitself is asportbased on electronic devices such as computers, smartphones, and gaming consoles such as PlayStation and Xbox.
There are various definitions of E-Sports, which are supported not only by academic experts but also by market analysts and E-Sportassociations.
There are 5 founders of E-Sports in Indonesia, namely Eddy Lim.
Prana Adisapoetra.
Erwin.
Richard.
Permana and Terry.
These five people then formed an ESportgaming organization in 2013, called Indonesia E-Sport Association or Indonesia E-Sport Association .
Based on these administrative requirements, it can be said that the E-Sportteam needs to establish a legal entity in the form of a PT.
Therefore, the E-Sportsteam must comply with the changes in the Law of the Republic of Indonesia.
Number 40 of 2007 concerning Limited Liability Companies and Law Number 11 of 2020 concerning Job Creation.
E-Sport's legal basis arises from the clarification of Article 20 paragraph of the Sports Law.
In other words: AuTechnology-based sportsAy means competitive and interactive sports that use tools or intermediaries.
AuIntermediary devicesAy are defined as computers, laptops, consoles, simulators and gadgets.
If a team deliberately poaches, the advantage is that the player transfer fee is lower because there is no need to make a purchase.
Poaching is done improperly, one team steals a player from another team while still under contract, and poaching is considered disgraceful.
It can also put athletes in breach of contract and potentially lead to lawsuits from the athlete's home team.
Although there is no written law detailing poaching, poaching can be classified as illegal.
SUGGESTION
There are several suggestions that the author can attach to the inj article, among others:
Regulations in E-Sport sports must be reviewed and added, considering that this is a new sport that allows various cheating.
Legal protection for E-Sport athletes needs to be improved, so that E-Sport athletes can carry out their work calmly and professionally.
REFERENCES