ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 19/PUU- XII/2014 TERHADAP TAFSIRAN FRASA “KOMITE OLAHRAGA”

Abstract

KONI filed a lawsuit through the Constitutional Court to conduct a judicial review of
the SKN Law with constitutional case register Number 19/PUU-XII/2014, one of the objects
of testing is Article 36 paragraphs (1) and (3) of the SKN Law related to the phrase "sports
committee" where KONI believes that the emergence of these phrases makes KONI not have
strong legitimacy to carry out its authority as a partner institution of the Government in
sports management so far. Therefore, the purpose of this thesis research is first, to analyze
the considerations of the Constitutional Court judges in Decision Number 19/PUU-XII/2014
on the interpretation of the phrase "sports committee" in Article 36 paragraphs (1) and (3) of
the SKN Law. Second, knowing the legal implications of the interpretation of the phrase
"sports committee" in Decision Number 19/PUU-XII/2014 on the position of the national
sports committee.
This type of research can be classified into the type of normative legal research. This
study used secondary data consisting of primary legal materials, secondary legal materials,
tertiary legal materials and data collection techniques were carried out using the library
study method.
From the results of the research problem there are two main things that can be
concluded. First, in the legal considerations and judges' decisions in Decision Number
19/PUU-XII/2014, the Constitutional Court used several approaches to constitutional
interpretation that had fulfilled the principles of constitutional interpretation and gave a
verdict, namely the Constitutional Court interpreted that the phrase "sports committee" in
Article 36 paragraphs (1) and (3) of the SKN Law did not cause multiple interpretations
because the formation of the SKN Law was not intended to only form one national sports
organization. Although so, the Constitutional Court is firm in accommodating plural
institutions in related decisions, it can also be seen that in its legal considerations, if
interpreted more deeply, the Constitutional Court also leads to the concept of open legal

policy. Second, the legal implication after the enactment of Decision Number 19/PUU-
XII/2014 related to the interpretation of the phrase "sports committee" is the problem of

position in the sports development of the two main national sports institutions in Indonesia,
namely KONI and KOI. The author's suggestions: First, the Constitutional Court needs to
develop an approach related to the use of constitutional interpretation and provide
confirmation of when a policy falls into the constitutional / unconstitutional category and
when a policy falls into the concept of open legal policy. Thus, it is clear about how to
properly implement the Constitutional Court's decision. Second, there needs to be a
Government Regulation that regulates each national sports committee as a follow-up to the
Constitutional Court Decision and as a form of coordination between existing institutions by
paying attention to proportionality goals that do not harm security and public interests,
especially the issue of competing rights in the future.
Keywords: Sports Commitee, Constitutional Interpretation, open legal policy.