UJIAN TENGAH SEMESTER

BAHASA INGGRIS HUKUM

NAMA : ALVEN ARESTO DJARI
NIM : 2012-050-270

1. Article: Advocates Should Understand the Press Law Better

Pers, whilst commemorating the World Press Freedom Day, in Jakarta,
Tuesday (3/5). Freedom of the press in Indonesia is at stake. Journalists
have experienced violence and incrimination. Press Legal Aid (Lembaga
Bantuan Hukum Pers/LBH Pers), said that there are 13 legal cases that
could restrain freedom of the press. Amongst them are a criminal case,
civil lawsuit, state administrative case, and labor case.
"It is caused by the public and law enforcers lack of awareness about the
Press Law. There are cases that could be solved by mechanisms in the
Press Law, such as the right of reply or protest," said
Hendrayana Executive Director at the LBH
Hendrayana asserted that law enforcers, particularly advocates, should
educate the public. Advocates, for example, could provide a thorough
analysis of Law No. 40 of 1999 on Press (Press Law).
"Usually, journalists or the media are sued by businessmen or bureaucrats,
and not by the public. As counsel, advocates should give an explanation of
how the Press Law works, and not merely about the advocate law," he
emphasized.
While giving advocacy[JO1] , Hendrayana often debates with other
advocates regarding the lex specialisprinciple status of the Press Law.
Despite the fact that many Supreme Court decisions stated that Press Law
is a lex specialis of the Indonesian Criminal Code (Kitab Undang-Undang
Hukum Pidana/KUHP). Therefore, the mechanisms of the Press Law
should initially be used before the use of KUHP.
"The defamation article in KUHP and Article 1365 of the Indonesia Civil
Code, are usually used for in legal cases regarding the press, whereas
initially it should have been the Press Law. Advocates should learn this
issue thoroughly," he explained.
Sholeh Ali, Head of Litigation Division at the LBH Pers said that his
institution has conducted workshops for advocates in many regions. "We
constantly urge them to use Press Law in every dispute regarding the
press," Sholeh said. He added that around 25 to 30 advocates participated
in every workshop.
Based on LBH Pers experience, advocates are not the only ones who avoid
the Press Law to solve disputes regarding the press. Police, prosecutors,
and judges also take the same stance. However, there was an improvement
for the judges through the Supreme Court Circular Letter No. 13 of
2008 on Request for Expert Witness Testimony.
In the Circular, judges are asked to listen to the testimonials from Press
Council on disputes regarding the press. "Even though many judges in
district courts think that the Press Law is not a lex specialis, justices in the
Supreme Court viewed otherwise," Hendrayana said.
Hasanuddin Nasution, Secretary General of Indonesian Advocates
Association (Perhimpunan Advokat Indonesia/Peradi) admitted that most
of the advocates are using the KUHP instead of the Press Law. "Maybe
they are more familiar with KUHP, and use it every time a dispute arises,"
he explained.
Hasanuddin also added, journalists are not brave enough to assert that they
are bound by the Press Law. "If the investigator examined them using
KUHP, journalists should reject the process, since they are governed by
their own law," he asserted.
He hopes that the advocates and journalists could understand mechanisms
under the Press Law. "As a law enforcer, Peradi has a moral obligation to
advise its advocates to prioritize the Press Law. I will recommend that
Peradi conducts a workshop on the Press Law," he said.



a. summary of the article :

Press is broadcasting thoughts, ideas, or news with the written word. Press in a broad
sense, ie inserting in it all mass media communications that radiate thoughts and good
feelings with words written and the oral.
In my opinion, should have been at this time in our country for press freedom should be
preserved or protected under the laws of the press, but reporters also must know how to
layout in reporting the news in terms of positive and negative, so that the absence of
negligence in reports in the mass media.
Conclusion, the press law is a cooperation between the community, advocates and
journalists each to maintain, protect, and defend the principle of mutual doing negative things
in our state.

b. legal terms in the article and explain the meaning of the terms in english and bahasa :
advocate is a person who speaks or writes in support or defense of a person, cause,
etc in a court of law.
advokat adalah orang yang berbicara atau menulis dalam mendukung atau membela
orang, penyebab, dll dalam pengadilan hukum.
a legal case is a dispute between opposing parties resolved by a court, or by some
equivalent legal process.
kasus hukum adalah sengketa antara pihak lawan diselesaikan oleh pengadilan, atau
oleh beberapa proses hukum yang setara.
a lawsuit is a civil action brought in a court of law in which a plaintiff, a party who
claims to have incurred loss as a result of a defendant's actions, demands a legal or
equitable remedy.
gugatan adalah gugatan perdata yang dibawa di pengadilan hukum di mana
penggugat, pihak yang mengklaim telah mengalami kerugian sebagai akibat dari
tindakan tergugat, menuntut penyelesaian hukum atau adil.
press Laws are the laws concerning the licensing of books and the liberty of expressio
n in all products of the printing press, especially newspaper.
Hukum pers adalah hukum tentang perizinan buku dan kebebasan berekspresi di
semua produk dari mesin cetak, khususnya surat kabar.
a civil code is a systematic collection of laws designed to comprehensively deal with
the core areas of private law such as for dealing with business and negligence
lawsuits and practices.
Hukum perdata adalah kumpulan sistematis hukum yang dirancang untuk secara
komprehensif menangani bidang inti hukum swasta seperti untuk menangani bisnis
dan kelalaian tuntutan hukum dan praktek.

c. my own sentences using the law terms from the article:

Trust is the key to a relationship advocate and client.
Vice presidential candidate number 1, Hatta Rajasa said that legal case in the
form of accident that led his son, Rashid Rajasa, finished.
History of the Indonesian press law is inseparable from the history of the press in
Indonesia.
source of civil law says that the discovery of the rules of civil code derived from
written sources.


2. I strongly disagree in possession of gun against citizens, for granting permission to use
gun to citizens is not any good. Instead, ownership is feared likely to endanger the
environment. In addition to the potential for misuse, possession of gun by citizens also
have an impact on lifestyle, hence permit ownership must be stopped. Citizens should
not be given the freedom to have a deadly tool. The amount of misuse of gun that
occurred caused controversy for possession of gun by citizens. There is a tendency
citizens gun holders easier terletup emotions. Citizens gun holders felt special citizens
are given the right to own gun. The incident led to a lot of the view that granting
permission citizens have gun more harm than good. In my opinion, another step that
needs to be done is a psychological test for those who are now pocketed gun permit. This
is a partial solution to overcome the dangers of gun ownership today.
3. a. criminal acts committed by jack, first; violence against postman by hitting him with a
gun, as well as the customer enters the post office by punch her. The second; murder
of customers by shooting at her head. third; robbery at the post office.
b. If I as a lawyer jack, my defense argument is jack acts in this case as well because he
came from a broken home and he didnt have real education that he did just that.


4. c. I agree with the court's decision, because it proved that the party of facey (f) doesnt
have a reply to the side of harvey (h). So, not the purchase of the bumper hall pen.
d. difference between this case and carlill v smoke ball co. first; in terms of sales
production. The second; sales to other parties while the case is fully binding is not a
full binding. third; the location decisions of judges who agree and disagree.