Concussion and Athlete Safety: The Legal Responsibility of Clubs and Sports Federations for Preventable Head Injuries in Indonesia

Abstract

Concussions and other head injuries present serious risks to athletes, particularly where return-to-play decisions are influenced by competitive pressure. Sports clubs and federations have a responsibility to establish reasonable systems for preventing, identifying, and managing such injuries. This article examines the legal responsibility of Indonesian sports organizations for preventable head injuries suffered by athletes. Employing normative juridical research, the study analyzes duty of care, sports safety standards, medical responsibility, organizational liability, and athlete protection principles. The study argues that liability should not depend exclusively on whether an individual medical professional committed negligence. Clubs and federations may also bear responsibility where they fail to establish appropriate concussion protocols, provide qualified medical personnel, adequately train coaches, or prevent premature return to competition. The article proposes a systems-based duty-of-care framework encompassing prevention, immediate assessment, removal from play, medical clearance, monitoring, and long-term follow-up. Contractual provisions that pressure athletes to compete despite medical restrictions should not eliminate institutional responsibility. Establishing clearer legal duties would encourage sports organizations to treat concussion management as a governance obligation rather than merely a medical matter. Such a framework is essential to protect athlete health while creating clearer standards for determining organizational responsibility when preventable head injuries occur.