LANGUANGE OF LAW

Unearth LANGUAGE LAW
(A THINKING RENEWAL)

BY: H. SANTHOS WACHJOE P, SH.MH

A. INTRODUCTION
Justice sector is currently experiencing the transition period, ie by decreasing the level of public confidence as justice seekers in the performance of the apparatus courts. Not only the general judicial bodies in the spotlight, but also bodies such badapan laain peradiln that religious courts, judicial bodies of the state administration and the military judiciary.
The distrust is not only caused by the behavior of court officials but also due to the difficulty to understand LANGUAGE LAW in any legal product, either the product legislation and also products Judge's decision. An understanding of the statutory language is often very difficult for people who do not study law as a whole. Legal language seemed to be a foreign language understood only by the few.
The existence of national law in Indonesia, which is a legacy of the Dutch colonial law, have a direct influence on the understanding of the law for the general public. Direct translation from Dutch into Indonesian, making vocabulary in the formulation of an Act of Dutch colonial be sounded strange in Indonesian. There are still too many terms that do not have the Dutch equivalent of the right in the Indonesian language.
This has an impact also on the preparation of a legal product in the form of legislation or in the editorial decision of the judge.
B. Legal English is a difficult language to understand
Law is a system that is important in the implementation of a series of institutional power. The law will become meaningless if human behavior is influenced by the law and if the public is to use the law to obey his behavior. The law itself is divided into several areas, namely criminal law or public law, civil law or personal law, and procedural law, constitutional law the State, the law of State administration or administrative law state, international law, customary law, Islamic law, agrarian law, business law, and environmental law. Of these laws each have the same goal, which is aimed at ensuring legal certainty in the community and the law must also be based on justice, the principles of justice from the public.
Living community will not be separated from the law in Indonesia is a legacy of the Dutch colonial government whose existence is still valid today. Therefore it is very important in the future of the Indonesian nation makes its own legal product that has the characteristics of Indonesian that can be understood by the public.
Definition of legal language, legal language is a language or a communication tool used by legal experts to express his thoughts in the field of law relating to the profession and the intended use of the language of the law is to achieve uniformity in the understanding and use of language / legal terms, so as to achieve legal certainty. In addition, although the world of justice and the law has long existed, relatively little attention in the legal language. A wide scale, Symposium on Language and Law in Prapat, North Sumatra, November 1974, worth mentioning, but little is written about legal language.
In terms of language, structure of the Language Law is divided into two categories based on the 1.Bahasa Indonesian general rule; 2.Bahasa which is based on mutual agreement. The agreement is generally made by the former Act, the legal community, and the legal experts that the legal language has the characteristic clarity of meaning, coherence of thought, directness and ceremonial.
Construction law (rechtsconstructie) are the tools used to compile legal materials are carried out systematically in the form of language and terminology that is good. The term theft is a legal construction which means "all acts take the goods of others with the intent to unlawfully possessed.
When the statutory language Indonesian based flourish after Indonesia became independent, our legal experts are competing to introduce the terminology that they find most proportional to name a concept (or construct) the law was originally in foreign languages. The lack of unity of opinion, particularly from legal experts, lead to inequalities in terms of giving meaning to a legal term that is derived from foreign languages, especially Dutch. It must be recognized that until now there are experts in the field of linguistics yurist or legal linguists to create or provide an explanation or interpret a legal term of a foreign language. This is not apart from the provisions that the language of the law seems to be subject also to the laws of language, so that the same terminology as the phenomenon of language in general, proved to be a preference use of a word in the language, can rarely enforced.
In drawing up the legislation, according to Bob Robert Seidman, that the role of a designer (drafter) will be seen in the process of drafting legislation, although the system of making different rules in each country, then he said that the important thing is that the author of legislation should really aim for the reader to understand what is commanded and what is forbidden by law.
Kekhasasn legal language has its own compared to other language of science, which so far can only be understood by those who study and explore the field of law. Even sometimes happens, when someone graduated as a lawyer, not necessarily concerned may and been able to apply jurisprudence under their control into legal language in everyday practice.
Currently a law degree is not well-prepared to become a legal drafter (drafting the law) either in the form of draft legislation and draft decision of the judge or the design of the authentic act and so forth. Judging from the course material law at the level of Tier 1, is not standardized training and education a degree candidate is ready to become a law for the legal drafter in depth. This was reflected when a lawyer who had just graduated, will be confused face material mengahruskannya job of making a draft law, even just to make sebuat agreement though, is not necessarily a lawyer who recently graduated can do.
On a broader level, when a law graduate course still have difficulty in understanding the language of law especially for the ordinary people who are not specifically studying law. This causes a lack of understanding of ordinary people to the notion of law either in the form of legislation and the decision of the judge and others.
On a practical level, training legislation conducted by Center for Law and Policy Studies Indonesia (PSHK), or 'suncang' that is conducted by Directorate General Regulation Legislation Ministry of Justice and Human Rights, presented the topic of legal language in the special session but in the form of printed works , review of legal language may be spelled with a finger.
Characteristics of the statutory language of Indonesia is located on the terms, composition and style of language that is specialized and content means that special, namely the legal language that we use today still stylish old order, there is still much less than perfect semantic words, the shape and composition of the sentence, there is still a term a term that is not fixed and less clear, which is because of the legal scholars in the past, never getting specialized legal language lessons and also to consider and study the terms and rules of Indonesian.
In garus large, there are characteristics that should be owned by the language of the law, namely:
1) Having a certain shape;
2) Using the terminology is standard, ie to be precise, firm, accurate, thorough, does not contain a double meaning;
3) Do not give the opportunity to translate or say other;
4) Do not doubt;
5) Must berasio, logic or reason;
6) It must be efficient;
7) Should Abstract;
8) Must be understated or easily understood by people, both the words and the construction of a sentence;
9) As much as possible avoid the use of acronyms or abbreviations;
10) Subject to the rules or norms Indonesian or Indonesian grammar;
11) Using Indonesian spelling refurbished.
Although it has no features that should be owned by the language of the law, but the legal language is an adaptation or translation of a foreign language, they often found inequality language. An example is the word strafbaarfeit, for example, was popularized into several alternative terms: criminal act, a crime, or a crime. Of these only one word there are many translation or meaning, whereas in the language of the law in Indonesia is still very much legal language which is a translation or adaptation of a foreign language.
When we look, among the awampun still can not distinguish the difference between the Criminal Law with the Civil Law. In the minds of ordinary people, all cases were tried in court, especially in the district court are the same, whoever trial will be punished. Of course this is no fault of the mother was pregnant, but since the colonial era our society has been conditioned as people who are not educated. In fact only a few people who have the opportunity to get higher education, especially in the field of law. Compartmentalization of society during the colonial era really make the Indonesian people not as people who are educated, it is certainly easier for the colonial exploitation of Indonesia.
After the era of independence, many efforts have been made in order to establish the Indonesian national law inspired by the values ​​of humanity living in Indonesian society. Although not perfect, but the establishment of the Basic Agrarian Law No. 5 of 1960, is a valuable momentum for Indonesia in forming the written laws of Indonesia. In the Basic Agrarian Law No. 5 of 1960 recognizes the existence of unwritten laws that live in the middle of the Indonesian society, Customary Law.
Although until now, efforts to establish a Law that imbued okeh values ​​that live in the community has always done, but not daat denied that the use of language that is quite difficult ydalam any laws undangam, causing the general public to be difficult to understand the contents contained in any legislation that exists.
On a practical level, training legislation conducted by Center for Law and Policy Studies Indonesia (PSHK), or 'suncang' that is conducted by Directorate General Regulation Legislation Ministry of Justice and Human Rights, presented the topic of legal language in the special session, but in the form of printed works , review of legal language may be spelled with a finger. However, despite the activities of training legislation conducted by Center for Law and Policy Studies Indonesia (PSHK) or "suncang" conducted by the Directorate-General Regulation Legislation Ministry of Justice and Human Rights a lot done, but until recently these activities only reach the the level of law enforcement officials in both the Ministry of Justice and human rights and of the Prosecutor or of the parties and has not reached the level of the general public, at least to introduce how the process of formation of the drafting product legislation and the use of language in the formation of product legislation.
Establishment of the Law on past the legal establishment contains more things that are art, poetry, prose, painting, symbol, sayings or proverbs, but this time, the ways as it was no longer relevant, for example: in the customary law of Banten known "profess ing bull cow" (bulls to follow a cow), but the establishment of the law at the present time should use the terms and language of modern law, that is, must be understood by everyone. Language understood by everyone is absolutely necessary in any legal establishment primarily on the written law, it is to avoid the multiple interpretations of laws and regulations. Misrepresents the cause of loss for a person or for a group of people so that the purpose of the law of justice, legal certainty and benefits is not reached.
Barriers that occur at this time is when lawmakers yaiitu on the legislative, consisting of a variety of educational backgrounds are often not educational background in law, so that no or less understand the essence of a legal term which will be formed in sutu Act. In addition, legal experts in the legislative consists of people a background of legal education from different countries that follow different legal systems. When lawyers are legal people anglo saxon meet with legal experts backgrounds continental legal discussions to define a legal term in a Bill (the Bill), it is certain that there will be inequality of opinion among them, although we recognize that the legal system apply in Indonesia is a legal system based on civil law that have differences compared with the legal system that is based on anglo-saxon law.
A challenge for the jurists to be able to unearth a legal language that sounds so complicated and confusing for the general public into language that is easily understood by the public. Avoiding the use of the words "winged" multiple interpretations that are highly recommended in the grounding of the legal language so as to make it easier for ordinary people to be able to understand and appreciate the meaning and the meaning contained in a legislation.
Another thing, often found in a good legislation that Act, the Regional Regulation and other laws, in a column in the chapters explanations, only contained a description QUITE CLEAR. Words quite clearly actually really does not explain the meaning of the article in question so that eventually appear multiple interpretations on that article. If we compare with Memorie van Toetlichting of Straftrecht van Koophandel, in which clearly explain very clearly the sense of the articles there. This proves that the low quality of forming legislation in Indonesia today.
Besides the reasons insufficient number of lawyers involved in the formation of legislation, another thing that causes it is still a lack of training formation of legislation (legal drafting) for makers of legislation. In fact, for the students of the Faculty of Law though, subjects the establishment of legislation (legal drafting) is still lacking hours of lecture, so that when these students graduate and become a Law degree, he is still has difficulty when tasked to draft laws an invitation that would later become legislation.
In the formation of legislation of course must observe the law in the community or legal sociologist, by taking the core of the values ​​of law and justice in society. This is done to get the product legislation in accordance with the values ​​of law and justice that grow and develop in society and the desired end result is a product of the legislation accepted and obeyed by the people.
Disregard for the values ​​of law and justice that live in the community, causing a product of legislation rejected by the people, even the people do not hesitate to take judicial review to the Constitutional Court on one or more of the legislation in which it does not contain the values ​​of law and justice that live in the community.
Preparation of a product legislation would have also to consider methods of Construction Law (rechtsconstructie) are the tools used to compile legal materials are carried out systematically in the form of language and terminology that is good. This is because Paul Scholten said, 'het recht he er, doch het moet worden govenden', the law is there, but still must be found that the law should be more berorintasi on substantive justice so that when the text of an article is rigid with the scope of the meanings defined earlier on text when it is formed, whereas, social issues are dynamic and often do not work in a linear manner.
The current state is probably commensurate with the opinion of Paul Scholten is still a lot of legislation that it is still difficult to understand by the general public, even though interpreted by who understand the law (legal experts). A need to work even harder than the formers Act, both at central and regional levels for more "unearth" more languages ​​laws are difficult to understand by the general public. When this happens is the shaper Act very rarely get a briefing on the matter drafting legislation, they just do their jobs as they should do without ever thinking whether legislative products that their results are understood by constituents. When ordinary people do not understand the contents of a legislation, will certainly lead to disobedience of the community.
Ministry of Justice and Human Rights (Kemenkumham) as government officials who have the authority as the party who filed a draft Act (stakeholders) should have a more active role in fostering not only the apparatus but also to the Legislature, as a "sparring partner "in discussing and endorsing a product of legislation. Development activities in forming the legislation not only in the center but also should be actively carried out in these areas, so that the local government or the House of Representatives daerahpun get an understanding and increase knowledge about ways to prepare a draft law area (draft) so that the resulting regional regulations can be effectively enforced and also increase compliance people in the region will be regional regulations exist.
There are several factors that need to be observed before a legal term to be born:
First, the law must be listened forming the philosophy behind the concept of law. Strafbaarfeit term which translates to a criminal event would depart from a different philosophy with crime and criminal offenses. In this context also includes a review of the family background of the legal system. The concept of 'mortgage' in the Anglo-Saxon system can not necessarily be identified with the concept of 'mortgage' which exist in the Indonesian legal system;
Second, the law must also be listened forming conformity with customary terms that have long accepted in legal doctrine. For example, the word 'oneerlijke concurrentie' or 'unfair competition' is long enough to be interpreted in the text books in Indonesian law to 'unfair competition'. Somehow, suddenly in Law No. 5 of 1999 appears a new term: 'unfair competition' and;
Third, the law will need to consider forming an efficiency factor of language as taught in engineering legislation. Although the law in one hand is a political product, but sometimes too prominent political considerations may lead us into legal language does not look elegant in the treasury of our positive law. As an example case, never happened political dynamics that make our laws shaper must choose whether to use the term 'union' or 'trade union' while working on a regulation in the field of employment. And the solution is unique (and in fact is "extremely Indonesia"), namely that every word 'union' in the full text of labor regulations will always followed a slash and plus the word 'trade union'. The formation of such wasteful legal terms this is clearly not recommended in technical legislation.
The effectiveness of language legislation can be met if the nature of the sentence effective it has been understood in the same, namely that the effective sentence is a sentence that could make the content or intent conveyed by the speaker (author) is reflected fully in the mind of the listener (reader) or messages received by listeners same manner intended by the speaker. Some characteristics of effective sentence is (1) a focus, (2) saving, (3) intact, (4) a further, and (5) in parallel. Focusing hinted that s esuatu or the emphasis placed it early padabagian bukanpada end. Savings with regard to the choice of words, especially words that are synonymous need not appear together, the integrity requires that each word in the sentence is really a part of a coherent (whole, compact, or unified) or is an integral, whereas keterpautan (cohesion) requires elements the one and the other to establish a harmonious relationship, which is logical and obvious to the reader / listener, meanwhile, alignment with respect to the parallels forms (especially the use of prefixes) and parallels the structure (especially compound sentences equivalent).
The rules should translate into guidelines for regulators law (legal drafter) so as to produce legislation that is easily understood by the public in terms of language and also can cause a sense of obedience to the community against product legislation new ones.
At the academic level, presumably the campus that is from each of the Faculty of Law can increase the number of hours the provision of material preparation of legislation to students and also did not make the material formulation of legislation only as additional material or as elective courses for senior students but should be compulsory for every student. At least, the desired results of the students who have studied subjects drafting legislation (legal drafter) have the basic ability of the material preparation of legislation.
But on the whole the above description, the most important is their socialization efforts continuously (massive) of legislation that have been produced to the public so that people know and understand the existence of legislation that is new so adegium that every people have understood that there is new legislation, if a law has been enacted and incorporated in the State Gazette and in the Official Gazette.
C. Conclusion
From the description of Grounding Language Law, it can be concluded as follows:
1. It needs a deeper training in an effort to draft legislation that results can be understood by the common people;
2. Initiative in the formation of the draft law is in the hands of the Ministry of Law and Human Rights, which should become a pioneer in conducting trainings to the legislators (legal drafter);
3. The campus, the Faculty of Law must make course material preparation of legislation as a compulsory subject for all students and not as elective courses for senior students;
4. The need for continuous efforts to socialize the legislation was new;

D. SOURCES OF READING
1. http://eprints.ums.ac.id/346/1/2._ZUDAN.pdf.
2. http://eprints.ums.ac.id/346/1/2._ZUDAN.pdf.
3. http://rikapuspita41.blogspot.co.id/2011/06/bahasa-hukum.html, downloadable dated January 6, 2016;
4. http://www.hukumonline.com/berita/baca/lt53c489209fd8e/panduan-memahami-laras-bahasa-hukum, dunduh dated January 6, 2016;
5. http://slideplayer.info/slide/4880697/, downloadable dated January 5, 2016;
6. http://business-law.binus.ac.id/2015/08/26/bahasa-hukum-dan-hukum-bahasa/, downloadable dated January 5, 2016;
7. http://muhammadsood.blogspot.co.id/2013/01/bahasa-hukum.html, downloadable dated January 6, 2016;
8. http://zriefmaronie.blogspot.co.id/2013/03/pengertian-kegunaan-bahasa-hukum.html, downloadable dated January 6, 2016;
9. http://zriefmaronie.blogspot.co.id/2013/03/pengertian-kegunaan-bahasa-hukum.html, downloadable dated January 6, 2016;