PERAN COURT OF ARBITRATION FOR SPORT DALAM MENANGANI KASUS RASIS DAN DISKRIMINASI DALAM SEPAKBOLA DI EROPA

Zul Asri, Afrizal "

Abstract


This research aims to understand the role of Court of Arbitration for Sport
(CAS) in mediating racist dispute and discrimination in European football.
Racism and discrimination is a classic concern in the universe., FIFA then
arranged to punish racism violence in statute. This also followed by UEFA’s
disciplinary regulations. According to UEFA statutes, every action done by either
players, team official, or supporter is responsibility of the club, including racism
conduct. However, member association and team do not necessarily accept the
sanction imposed. To resolve the dispute, UEFA should make Alternative Dispute
Resolution (ADR) especially mediation and arbitration provided for professional
player. UEFA should address the dispute about racism to CAS to protect UEFA
interest in keeping partnership with member association.
This research applies descriptive qualitative method and literature to
understand the role of Court of Arbitration for Sport.Moreover, this also use
pluralism perspective which states that non governmental actor is the most
influential in international relations. Besides, in pluralism, race is part of
plurality.
Court of Arbitration for Sport roles to adjudicate and punish racism
conduct and discriminative behavior in European footballusing arbitration within
the family of sport. This can be seen from the following indicators such as role of
CAS in adjudicating racism violence done by supporter of PSV Eindhoven from
Netherland towards Arsenal FC player, Thierry Henry that took place in Philips
Stadium in UEFA Champions League 2002, moreover, Court of Arbitratin for
Sport also adjudicated racism violence between Hungarian Football Federation
with FIFA, where Hungarian national team supporter was singing anti-Semitism
chants during the match against Israel national team.
Keyword : Racism, sanction, ADR, interest, pluralism, adjudicative

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