• Preventing multiple interpretations.
  • Preventing abuse of authority (detournement de pouvoir or abuse of power).
  • Avoiding subjective or discretionary actions.
  • Providing legal certainty (rechtszekerheid) for the community, especially tournament organizers.
Without clear and published rules, the recommendation process is prone to becoming an unhealthy bargaining tool and counterproductive to the development of the sport itself. It should also be remembered that based on Article 33 of Law 11/2022, the management of sports itself is the responsibility of the Minister, affirming that the parent organization is a strategic partner, not a single regulator.By integrating all of the above normative analysis, we arrive at a firm legal conclusion regarding PBPI's current authority. Although Article 54 of Law 11/2022 provides a legal basis for parent organizations to provide recommendations, this authority can only be exercised if the organization has met the fundamental requirements as a legitimate Sports Branch Parent Organization. As has been described, because the PBPI Association Profile (in the Objectives and Functions section) does not explicitly and specifically mention Padel as a sport that it manages, PBPI has not met the imperative requirements mandated by Article 1 paragraph (24) of Law 11/2022. Consequently, PBPI's authority to provide recommendations for Padel championship organizers, at this time,CANNOT BE IMPLEMENTED. This status quo will continue until PBPI makes organizational and administrative adjustments to align its articles of association with the provisions of the new Sports Law. For the Padel community in Indonesia, this situation is an opportunity to encourage more professional, accountable and law-abiding governance. Only with a solid legal foundation can achievement development run optimally and tournament implementation can take place with full legal certainty.

Disclaimer

All views, analysis, and opinions contained in this article are purely those of the author, Tiur Henny Monica, S.H., M.H., and do not represent the official views or editorial policies of the Literasi Hukum editorial team.