BAHASA INGGRIS

Dosen :
Dr. Sulaeman B. Adiwidjaja, S.H. Dip. Ed.
HOW YO !AN SO"#E "EGA" $ROB"E%
To answer the question raised in a problem or case, first read it carefully. Be sure
you understand the question. Then analyze the situation, determine the rule of law
involved (terlibat) and reach a decision.
You will find it helpful to follow these five steps :
1. What are the facts
!estate in your own words the important facts. !ead the problem or case more
slowly and possibly, ma"e a simple dia#ram showin# the various parties and
relationship. You can identify the party who is suing (menuntut) W see"in#
relief as the $ or plaintijf (penggugat), and his opponent as the % or defendant
&ter#u#at'.
(. What is the dispute point
). What rule of law is involved
*ometimes more than one rule may be involved.
+. ,ow does this rulc apply to the facts
-. What is the answer or decision
.n oral reports to the class or in written assi#nments, your lecturer
may prefer that you use only three of the above steps/ in this order :
1. *tate your answer or decision,
(. 0ive the rule of law that supports your answer,
). 12plain how the rule of law applies to the facts.
%ODA"I&Y (KATA BANTU) 'OR &HE 'OR%A" "ANGAGE
. hereby (dengan ini) declare that . was not involved in the case.
The provision you proposed is provided for in the contract herein (di dalam ini).
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$T. 3a4u 3andiri is hereinafter (selanjutnya) called the first party.
. have put my initial on every pa#e of the deed hereto (dibubuhkan pada).
. herewith (bersama ini) enclose (melampirkan) the a#reement in concern
(bersangkutan).
,e can thereby (dengan demikian) be in possession of the house.
5nyone can fmd the ob4ective of the contract therein (di situlah).
The ma"ers of the contract may en4oy their ri#hts thereof (daripadanya).
They have affixed (membubuhkan) their si#natures thereto (di situ).
Whereas (mengingat) both parties have a#reed to settle the problem in
deliberation they have thereby come to me, the notary public, to ma"e a deed.
. "now no other way whereby (dengan jalan mana) the case can be settled with
ease and peacefully.
The contract wherein (dalam mana) you can find your ri#hts and obli#ations, it
must be complied with (tunduk) without default.
!ODE ON &HE S&R!&RE O' "EGA" SEN&EN!E
6ode finds that a le#islative sentence consists of four parts :
1. The case or circumstances (keadaan) with respect to which or the occasion
(penyebab) on which the sentence is to ta"e effect,
(. The condition, what is to be done to ma"e the sentence operative,
). The le#al sub4ect, the person enabled or commanded to act, and
+. The le#al action, that which the sub4ect is enable or commanded to do.
7ne of this instances (daiam hal ini) is :
1. &case' 8Where there is between any parishes,
(. &condition' if a ma4ority of not less than two9thirds in number and value of the
landowners of such parishes ma"c application in writin#,
). &le#al sub4ect' the title commisioners for 1n#land and Wales,
+. &le#al action' may deal with any dispute or question concernin# such boundaries
(batas-baias).
The same elements may often be found in a business document :
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1. &case' 8:pon the determination of the trusts declared in this deed,
(. &condition' if the members by resolution so decide,
). &le#al sub4ect' the trustees,
-. &le#al action' shall distribute the trust fund amon# the members in equal share.8
NO&E
The statement of the case or circumstances can commence (dimulai) with when or
where, these words havin# no references to time or place but meanin# 8if the
followin# circumstance e2ist8/ either or these words ma"es a convenient distinction
(perbedaan) between commencement of the case and the commencement of a
condition/ for the latter if &or, to introduce a ne#ative or a time limit, unless or until'
is suitable. !ussel recommends that 8where8 should be used where frequent
recurrences (berulang) of the event are contemplated/ ;when8 if only a sin#le or
rare occurrence is contemplated. 12amples: Where an individual e2ecutes a deed he
shall either si#n or place his mar" upon the same and sealin# alone shall not be
deemed sufficient.
When any department of the public service of a state becomes transferred to the
6ommonwealth, all officers of the department shall become sub4ect to the control of
the 12ecutive 0ovemment of the 6ommonwealth.
The .ndonesia 6onstitution is thc fundamental, basic law of our country. 5ll other
law in this country must conform to (menyesuaikan diri) the constitution
The unwritten law was not committed (dimaksukkan) to writin# at its ori#in.
! trial court (pengadilan tingkat pertama) is a court havin# ori#inal 4urisdiction
over a case.
! court of appeals (pengadilan tingkat banding) is a court in which appeals from a
lower court are decide.
"rocedural law (hukum acara) describes the method of preparin# a case for court,
continuin# it throu#h the court, brin#in# the case to a conclusion.
#ubtantive law (hukum materil) is the body of law that states the ri#hts and
obli#ations of all persons.
$he statute law (hukum tertulis) is referred to as the <<written law.8
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%roadly speaking (pada umumnya), an ordinance is a rule established by authority.
5 case of first impression is a lawsuit (perkara) involvin# a set of facts that have
that have never before been decided in the 4urisdiction involved.
The formal science of law is called =urisprudence. =urisprudence is the philosophy
of law.
5n e2pert who is s"illed in the law is a 4urist.
5 lawsuit is a le#al proceedin#.
5n action is a le#al proceedin# by one party a#aints another to enforce a ri#ht or
punish a wron#.
>iti#ation is the carriyin# on of a lawsuit.
5 liti#ation is a party to a lawsuit.
5 moot point is one not settled by 4udicial decision.
5 moot court is a mock (tiruan) court in which assumed cases are tried for the
purpose of #ivin# law students practice.
6onti#ent refers to a thin# that is not assured, but dependent on somethin# else.
5 writ (surat perintah) is a formal le#al document that orders or prohibits the
performance of some act.
"leading (pembelaan) are the formal claims and defences of the parties that are
presented in a lawsuit for the 4ud#ement of the court.
$he complaint (pengaduan) is the first pleadin# on the part of the plaintiff in a civil
action.
5 summons (panggilan) is an official writ containin# an order for a dependant to
appear in court.
The answer is the defendant<s reply to the allegations (pernyataan&dugaan) of the
plaintiff.
5 counter claim has its purpose the lessenin# (mengurangi) or defeatin# of a
plaintiff demand.
?ice versa means reversin# the order. When we use the term vice versa, we mean in
reverse.
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The latin affidare means to ma"e an oath. 7ur word affidavit is derived from this.
5n affidavit is a sworn, written declaration that is voluntarily #iven.
5 person who ma"es an affidavit is called an affiant.
'enue (tempat kejadian perkara) relates to the place where a case will be tried.
The term 4urisdiction refers to the power of the court to act upon a #iven case.
The latin word meanin# may you ta"e is capias.
5 writ directin# an officer to arrest a person named therein as a capias.
5 court calendar list cases in the order in which they will be tried.
5 court doc"et is a di#est of court cases and a brief, formal record of court
proceedin#s.
5 motion is an application for a court rulin# or order.
5 demurrer is a formal response to a pleadin#, which admits the alle#ations to be
true ar#uendo, but asserts (menegaskan) that no cause of action, or defense, is
stated by the alle#ations of the pleadin#.
5 demurrer is an ob4ection to the whole or part of a pleadin#.
.nterro#atories are a set or series of formal, written questions to be answer under
oath by a witness.
?erbatim means word for word (kata demi kata). 5 court reporter ma"es a verbatim
record of all questions, answer, collo(uy (percakapan), and other matter reported.
)eposition (pernyataan) is an e2amination before trial.
5 deposition is sometimes referred to as an @BT &e2amination before trial'.
The words attorney and lawyer are often synonymous. But, attorney #eneral is
8=a"sa 5#un#8. 5 lawyer may hired by a client to do anythin# that constitutes the
practice of law.
The person who be#in the lawsuit is called plaintiff.
.n criminal cases, the plaintiff is the #overnment.
The defendant in a lawsuit is the person a#ainst whom the action is brou#ht.
5 4ud#e is an officer to presidea (mengetuai) court.
$he clerk of court (panitera) is an officer of the court who files pertinent paper in
the cases within that court<s 4urisdiction.
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$he prosecutor (jaksa penuntut) is an appointed officer of the court who represents
the state or the people in criminal cases.
The aim of a presecutor is to see that 4ustice is done, rather than to convict
(menghukum) any dependant.
Trial is the e2amination of the issues in a civil or criminal case by the proper court.
5 material point, raised by the pleadin#s, about which there is dispute between the
parties is an issue.
5 matter to be decided by the court that is raised by the pleadin#s is an issue.
$rima facie means at first si#ht, on first view, or before further e2amination. .n law
prima facie evidence is adequate to establish a fact or raise a preasumption of facts
unless refuted.
5ll items of fact that tend to prove somethin# true or false is evidence.
,earsay evidence is the repetition of what a witness has heard other say, as #ossip.
6redible evidence is believable evidence #iven in a lawsuit.
%irect evidence is evidence that immediately points to a question in issue.
"reponderance or evidence (bukti kuat) means evidence that carries the #reater
wei#ht, that which has the most validity.
6orroborate means to stren#then when a witness<s testimony supports and confirms
prior testimony, it corroborates that evidence.
!efusation is the act of refusin# to let a 4ud#e try a cause when he or she is related
to any of the parties or he or she has any personal interest in a matter.
.n law, the word stay means stop, arrest, or forbear.
To stay an order or decree means to refrain from enforcin# it.
*uppress means put a stop to a thin# that is actually e2istin#.
*uppress means prohibit or put down.
The court may suppress evidence that has been ille#aly secured.
5n oath is a swom declaration necessary to the fillin# of a public office or of #ivin#
evidence in a court of 4ustice.
By an oath is a solemn promise made with an appeal to 0od for the truth of what is
stated or done.
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%irect e2amination is the first questionin# of a witness by the lawyer who called the
witness on behalf of the lawyer<s client.
>eadin# questions, which su##est the answer desired, are not allowed on direct
e2amination, with very few e2ception.
6ross e2amination is the questionin# of a witness by opposin# counsel after the
direct e2amination.
6olloquy is delived from the >atin colloquium, which means a conversation.
6olloquy is discussion between the 4ud#e and counsel and apposin# counsel durin#
a deposition or trial.
!RI%INA" "AW
6riminal law deals with crimes a#ainst society or the state.
5 crime is an ille#al act of such public importance that the law ta"es notice of it and
punishes it.
5 crime is public wron#.
Aelonies (kejahatan) and misdemeanors (pelanggaran) are crime.
.ntent is the state of mind with which an act is done.
.ntent means a ma"in# up of one<s mind.
.t is mens &B mind or intention' rea &B #uilty', which indicates a #uilty mind.
5 misdemeanor is a rather minor offence.
%rivin# CD miles an hour in one<s car in a +D9miles9an9hour zone is misdemeanor.
5 felony is defined as any public offence upon conviction of which the offender
may be sentenced to imprisontment (hukuman penjara) in a penitentiary or a death.
3urder, rape, robbery, and arson (pembakaran rumah) are some of the serious
crimes that are felonies.
5 warrant is a writ or order that authorizes an officer to ma"e an arrest or conduct
the search andEor sie*ure (penyitaan) of property.
5 bench warrant is an order issued by a =ud#e or law9court for the arrest of a
person.
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5 search warrant is an order si#ned by a 4ud#e allowin# the police to search
someone or somethin#.
.f prisoners are held incommunicado (dilarang berhubungan), they are allowed to
communicate with anyone.
The 3iranda warnin# provides that an individual ta"en into custody by law officers
must be warned prior to any questionin# that he or she has the ri#ht to remain silent,
that anythin# he or she says can be used a#ainst him or her in a court of law, and
that he or she has the ri#ht to the presence of the attorney, and that if he or she
cannot afford (memperoleh) a lawyers, one will be apointed prior to any questionin#
if he or she so desires.
When a law enforcement officer induces an otherwise innocent person to commit a
crime in order to have him or her punished, the person accuscd of commitin# the
crime may raise the defense of entrapment. Thc two requisites of entrapment are
inducement of a person by a law enforcement officer and admission by the
defendant of havin# committed the crime.
5 person possessin# le#al capacity to act for himself or herself is sui 4uris.
5 person havin# full social and civil ri#hts is sui 4uris.
5n individual under le#al disability or the power of another or of a #uardianship is
non sui 4uris.
3ala prohibita are acts punishable becausc they are prohited by law.
5cts that are a#ainst the mores of our society are considered mala in se.
3ala in se means evils in themselves.
3urder, arson, rape, incest, and robbery are crimes that are mala in se.
.ncest is a crime that is a mala in se and, therefore, a#ainst #ood morals. .ncest is
contra bonos mores.
5 person<s manner of wor"in# is his or her modus operandi.
5 thin# made in imitation of #enuine article with intention to defraud is a
counterfeit.
The term counterfeit is most often applied to criminal imitation of money and
securities.
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"erjury (sumpah palsu), in criminal law, is #ivin# a willfully (sengaja) false
statement under oath.
The brea"in# of an oath is per4ury.
3alice means an intent to do an unlawful act.
5 corrupt intention of the mind is malice.
3ala fide means in bad faith.
5 male factor is wron#doer.
5 person who has been convicted of a crime is a male factor.
3ala pra2is means failure of a professional to perform in accordance with the
accepted standard in the area.
3alicious prosecution refers to proceedin#s ta"en and carried on without probable
cause a#ainst the defendant.
3alafesance is the doin# of an act that a person ou#ht not to do at all.
3alafeasance is the commission of an unlawful act, paniculary by a public official.
6ollusion is derived from the >atin com, with, and ludere, to play. Today it means a
secret a#reement for a fraudulent or ille#al purpose.
5 person who, thou#h absent, helps another to brea" or escape the law is an
accessory.
5 partner or parte"er in #uilt in a crime is an accomplice.
$articeps criminis refers to a participant in a crime.
%ouble 4eopardy means a second time of dan#er or peril.
%ouble 4eopardy is a defense that provides that no person may be tried a second
time for the same offense, once acquitted.
12 parte means from ane side only.
5t an e2 parte hearin#, no one will appear in opposition thereto.
5 threatenin# #esture, with or without any spo"en words, is an assault.
5ny unlawful beatin# or other wron#ful physical violence or contraint inflicted on a
human bein# without his or her consent is a battery.
The carryin# our of threatened phyical harm or violence is assault and battery.
5rson is felonious burnin# of property.
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,omicide is the destroyin# of the life of a human bein# by another person.
Araticide 9 frater is >atin for brother. 3a"e a word that means the "illin# of a
brother. .t is fatricide.
3atricide 9 mater is >atin for mother.
*ororicide 9 soror is >atin for sister.
*uicide 9 The >atin sui means of oneself.
:2orcide 9 u2or means wife.
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&HE ESSEN&IA" "ANGAGE S&R!&RES 'OR A"" $R$OSE
3an is a thin"in# creature. The product of thin"in# is thou#ht. Thou#ht is stable
only if it is supported by lan#ua#e structures. >an#ua#e as used in speech serves a
function of practical economy in social interaction. Beyond any doubt, structures
are able to control, direct or re#ulate, mana#e, shape, and limit the behaviour of
man in the society. Behaviour or conduct is fate. Aate can be improved only if there
is a pro#ress. $ro#ress is always brou#ht about by truth. Truth is nothin# but
empirica, observable, and 4ustifiable fact. Aact has come from >atin word facio, that
means two thin#s. They are/ has happened and what has been done. 7therwise, it is
a fiction. Aacts may be obtained by means of a survey, an observation, a study, an
investi#ation, or a research desi#ned analytically, descriptively or e2perimentally.
The essential lan#ua#e structures are as follow :
1. 6hronolo#ical order, 1D. 5nalo#y,
(. *patial 7rder, 11. $rediction,
). 0eneralizations and specifics, 1(. %efinition,
+. 6lassification, 1). ,ypotheses,
-. 6omparison and contrast, 1+. $roposals,
C. 6lassification by e2pansion, 1-. $ersonal opinion,
F. 6ause and effect, 1C. !efutation,
G. 12planation, 1F. %iscussionE debate.
H. 6ycles and chain reactions,
There are four levels of the lan#ua#e use, namely vul#ar, spo"en, semi9formal, and
formal. .n a conferences lan#ua#e is used in a deliberation, ne#otiation, persuasion,
accomodation, or compromise.
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