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Dosen : Dr. Sulaeman B. Adiwidjaja, S.H. Dip. Ed. HOW YOU CAN SOLVE LEGAL PROBLEM • 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? Restate in your own words the important facts. Read the problem or case more slowly and possibly, make a simple diagram showing the various parties and relationship. You can identify the party who is suing (menuntut) W seeking relief as the P or plaintijf (penggugat), and his opponent as the D or defendant (tergugat). 2. What is the dispute point? 3. What rule of law is involved? Sometimes more than one rule may be involved. 4. 5. • How does this rulc apply to the facts? What is the answer or decision? In oral reports to the class or in written assignments, your lecturer may prefer that you use only three of the above steps; in this order : 1. State your answer or decision, 2. Give the rule of law that supports your answer, 3. Explain how the rule of law applies to the facts. MODALITY (KATA BANTU) FOR THE FORMAL LANGUAGE I hereby (dengan ini) declare that I was not involved in the case. The provision you proposed is provided for in the contract herein (di dalam ini). 1
Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Padjadjaran 2004-2005 Campus in Compact – Bahasa Inggris
Whereas (mengingat) both parties have agreed to settle the problem in deliberation they have thereby come to me. Maju Mandiri is hereinafter (selanjutnya) called the first party. what is to be done to make the sentence operative. Anyone can fmd the objective of the contract therein (di situlah). • One of this instances (daiam hal ini) is : 1. He can thereby (dengan demikian) be in possession of the house. it must be complied with (tunduk) without default. The legal subject. 3. 2. • The same elements may often be found in a business document : 2 Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Padjadjaran 2004-2005 Campus in Compact – Bahasa Inggris . (legal subject) the title commisioners for England and Wales. the notary public. The contract wherein (dalam mana) you can find your rights and obligations. PT. (legal action) may deal with any dispute or question concerning such boundaries (batas-baias)”. The condition. 2. I herewith (bersama ini) enclose (melampirkan) the agreement in concern (bersangkutan). They have affixed (membubuhkan) their signatures thereto (di situ). I have put my initial on every page of the deed hereto (dibubuhkan pada). 3. (condition) if a majority of not less than two-thirds in number and value of the landowners of such parishes makc application in writing. 4. I know no other way whereby (dengan jalan mana) the case can be settled with ease and peacefully. The makers of the contract may enjoy their rights thereof (daripadanya). (case) "Where there is between any parishes. The legal action. to make a deed. CODE ON THE STRUCTURE OF LEGAL SENTENCE • Code finds that a legislative sentence consists of four parts : 1. and 4. The case or circumstances (keadaan) with respect to which or the occasion (penyebab) on which the sentence is to take effect. that which the subject is enable or commanded to do. the person enabled or commanded to act.
Examples: Where an individual executes a deed he shall either sign or place his mark upon the same and sealing alone shall not be deemed sufficient. bringing the case to a conclusion. continuing it through the court. All other law in this country must conform to (menyesuaikan diri) the constitution The unwritten law was not committed (dimaksukkan) to writing at its origin. for the latter if (or. A court of appeals (pengadilan tingkat banding) is a court in which appeals from a lower court are decide. Procedural law (hukum acara) describes the method of preparing a case for court. 2. either or these words makes a convenient distinction (perbedaan) between commencement of the case and the commencement of a condition. The statute law (hukum tertulis) is referred to as the ''written law." NOTE • The statement of the case or circumstances can commence (dimulai) with when or where. unless or until) is suitable. (case) "Upon the determination of the trusts declared in this deed. 5. 3." 3 Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Padjadjaran 2004-2005 Campus in Compact – Bahasa Inggris . all officers of the department shall become subject to the control of the Executive Govemment of the Commonwealth. to introduce a negative or a time limit. these words having no references to time or place but meaning "if the following circumstance exist".1. A trial court (pengadilan tingkat pertama) is a court having original jurisdiction over a case. • • • • • • • The Indonesia Constitution is thc fundamental. Russel recommends that "where" should be used where frequent recurrences (berulang) of the event are contemplated. (condition) if the members by resolution so decide. • When any department of the public service of a state becomes transferred to the Commonwealth. basic law of our country. (legal subject) the trustees. “when" if only a single or rare occurrence is contemplated. Subtantive law (hukum materil) is the body of law that states the rights and obligations of all persons. (legal action) shall distribute the trust fund among the members in equal share.
Contigent refers to a thing that is not assured. A lawsuit is a legal proceeding. An expert who is skilled in the law is a jurist. an ordinance is a rule established by authority. A counter claim has its purpose the lessening (mengurangi) or defeating of a plaintiff demand.• • • • • • • • • • • • • • • • • • Broadly speaking (pada umumnya). Pleading (pembelaan) are the formal claims and defences of the parties that are presented in a lawsuit for the judgement of the court. Jurisprudence is the philosophy of law. A writ (surat perintah) is a formal legal document that orders or prohibits the performance of some act. Vice versa means reversing the order. A moot point is one not settled by judicial decision. but dependent on something else. The formal science of law is called Jurisprudence. Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Padjadjaran 2004-2005 Campus in Compact – Bahasa Inggris 4 . Litigation is the carriying on of a lawsuit. we mean in reverse. When we use the term vice versa. A litigation is a party to a lawsuit. A case of first impression is a lawsuit (perkara) involving a set of facts that have that have never before been decided in the jurisdiction involved. The answer is the defendant's reply to the allegations (pernyataan/dugaan) of the plaintiff. The complaint (pengaduan) is the first pleading on the part of the plaintiff in a civil action. A summons (panggilan) is an official writ containing an order for a dependant to appear in court. An action is a legal proceeding by one party againts another to enforce a right or punish a wrong. A moot court is a mock (tiruan) court in which assumed cases are tried for the purpose of giving law students practice.
A court reporter makes a verbatim record of all questions. The clerk of court (panitera) is an officer of the court who files pertinent paper in the cases within that court's jurisdiction. answer. • • • • • • A demurrer is an objection to the whole or part of a pleading. A motion is an application for a court ruling or order. Interrogatories are a set or series of formal. is stated by the allegations of the pleading. A lawyer may hired by a client to do anything that constitutes the practice of law. Verbatim means word for word (kata demi kata). A writ directing an officer to arrest a person named therein as a capias. The defendant in a lawsuit is the person against whom the action is brought. Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Padjadjaran 2004-2005 Campus in Compact – Bahasa Inggris 5 . but asserts (menegaskan) that no cause of action. An affidavit is a sworn. colloquy (percakapan). The term jurisdiction refers to the power of the court to act upon a given case. The words attorney and lawyer are often synonymous. Venue (tempat kejadian perkara) relates to the place where a case will be tried. formal record of court proceedings. A deposition is sometimes referred to as an XBT (examination before trial). and other matter reported. which admits the allegations to be true arguendo. But. A court docket is a digest of court cases and a brief. or defense. The latin word meaning may you take is capias. written questions to be answer under oath by a witness. A court calendar list cases in the order in which they will be tried. the plaintiff is the government. In criminal cases. Our word affidavit is derived from this. Deposition (pernyataan) is an examination before trial. written declaration that is voluntarily given.• • • • • • • • • • The latin affidare means to make an oath. attorney general is "Jaksa Agung". A demurrer is a formal response to a pleading. A judge is an officer to presidea (mengetuai) court. • • • • • The person who begin the lawsuit is called plaintiff. A person who makes an affidavit is called an affiant.
arrest. it corroborates that evidence. Corroborate means to strengthen when a witness's testimony supports and confirms prior testimony. Suppress means prohibit or put down. To stay an order or decree means to refrain from enforcing it. or before further examination. about which there is dispute between the parties is an issue. Suppress means put a stop to a thing that is actually existing. A material point. Preponderance or evidence (bukti kuat) means evidence that carries the greater weight. Prima facie means at first sight. The court may suppress evidence that has been illegaly secured. as gossip. Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Padjadjaran 2004-2005 Campus in Compact – Bahasa Inggris 6 . A matter to be decided by the court that is raised by the pleadings is an issue. that which has the most validity. Hearsay evidence is the repetition of what a witness has heard other say. By an oath is a solemn promise made with an appeal to God for the truth of what is stated or done. Credible evidence is believable evidence given in a lawsuit. In law. on first view. Direct evidence is evidence that immediately points to a question in issue. the word stay means stop. rather than to convict (menghukum) any dependant. The aim of a presecutor is to see that justice is done. Trial is the examination of the issues in a civil or criminal case by the proper court. or forbear. In law prima facie evidence is adequate to establish a fact or raise a preasumption of facts unless refuted. An oath is a swom declaration necessary to the filling of a public office or of giving evidence in a court of justice. • • • • • • • • • • • • • • All items of fact that tend to prove something true or false is evidence.• • • • • • The prosecutor (jaksa penuntut) is an appointed officer of the court who represents the state or the people in criminal cases. Refusation is the act of refusing to let a judge 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. raised by the pleadings.
Intent is the state of mind with which an act is done. which means a conversation. Murder. Intent means a making up of one's mind.• • • • Direct examination is the first questioning of a witness by the lawyer who called the witness on behalf of the lawyer's client. and arson (pembakaran rumah) are some of the serious crimes that are felonies. rape. A 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. Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Padjadjaran 2004-2005 Campus in Compact – Bahasa Inggris 7 . A crime is an illegal act of such public importance that the law takes notice of it and punishes it. A bench warrant is an order issued by a Judge or law-court for the arrest of a person. Leading questions. are not allowed on direct examination. Cross examination is the questioning of a witness by opposing counsel after the direct examination. A misdemeanor is a rather minor offence. which indicates a guilty mind. Colloquy is discussion between the judge and counsel and apposing counsel during a deposition or trial. with very few exception. Felonies (kejahatan) and misdemeanors (pelanggaran) are crime. robbery. Driving 60 miles an hour in one's car in a 40-miles-an-hour zone is misdemeanor. which suggest the answer desired. A crime is public wrong. A warrant is a writ or order that authorizes an officer to make an arrest or conduct the search and/or siezure (penyitaan) of property. CRIMINAL LAW • • • • • • • • • • • • • Criminal law deals with crimes against society or the state. Colloquy is delived from the Latin colloquium. It is mens (= mind or intention) rea (= guilty).
• • • A search warrant is an order signed by a judge allowing the police to search someone or something. the person accuscd of commiting the crime may raise the defense of entrapment. therefore. An individual under legal disability or the power of another or of a guardianship is non sui juris. Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Padjadjaran 2004-2005 Campus in Compact – Bahasa Inggris 8 . and that if he or she cannot afford (memperoleh) a lawyers. • • • • • • • • • • • A person possessing legal capacity to act for himself or herself is sui juris. The Miranda warning provides that an individual taken into custody by law officers must be warned prior to any questioning that he or she has the right to remain silent. and robbery are crimes that are mala in se. Acts that are against the mores of our society are considered mala in se. against good morals. If prisoners are held incommunicado (dilarang berhubungan). A person having full social and civil rights is sui juris. one will be apointed prior to any questioning if he or she so desires. arson. they are allowed to communicate with anyone. • When a law enforcement officer induces an otherwise innocent person to commit a crime in order to have him or her punished. Mala prohibita are acts punishable becausc they are prohited by law. Incest is contra bonos mores. A person's manner of working is his or her modus operandi. Incest is a crime that is a mala in se and. incest. Thc two requisites of entrapment are inducement of a person by a law enforcement officer and admission by the defendant of having committed the crime. and that he or she has the right to the presence of the attorney. that anything he or she says can be used against him or her in a court of law. Mala in se means evils in themselves. A thing made in imitation of genuine article with intention to defraud is a counterfeit. rape. The term counterfeit is most often applied to criminal imitation of money and securities. Murder.
Mala praxis means failure of a professional to perform in accordance with the accepted standard in the area. is giving a willfully (sengaja) false statement under oath. A corrupt intention of the mind is malice. Double jeopardy means a second time of danger or peril. Mala fide means in bad faith. once acquitted. A person who. The carrying our of threatened phyical harm or violence is assault and battery. 9 Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Padjadjaran 2004-2005 Campus in Compact – Bahasa Inggris . Today it means a secret agreement for a fraudulent or illegal purpose. is an assault. The breaking of an oath is perjury. A person who has been convicted of a crime is a male factor. helps another to break or escape the law is an accessory. and ludere. Malicious prosecution refers to proceedings taken and carried on without probable cause against the defendant. Any unlawful beating or other wrongful physical violence or contraint inflicted on a human being without his or her consent is a battery. Double jeopardy is a defense that provides that no person may be tried a second time for the same offense. though absent. A male factor is wrongdoer.• • • • • • • • • • • • • • • • • • • • • • • Perjury (sumpah palsu). Collusion is derived from the Latin com. A threatening gesture. Malice means an intent to do an unlawful act. Malafeasance is the commission of an unlawful act. At an ex parte hearing. no one will appear in opposition thereto. Ex parte means from ane side only. Malafesance is the doing of an act that a person ought not to do at all. Particeps criminis refers to a participant in a crime. Arson is felonious burning of property. A partner or parteker in guilt in a crime is an accomplice. to play. paniculary by a public official. in criminal law. with. with or without any spoken words.
Matricide . Uxorcide .• • • • • • Homicide is the destroying of the life of a human being by another person.frater is Latin for brother.soror is Latin for sister. Make a word that means the killing of a brother. Fraticide .uxor means wife. Suicide .The Latin sui means of oneself. Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Padjadjaran 2004-2005 Campus in Compact – Bahasa Inggris 10 . It is fatricide.mater is Latin for mother. Sororicide .
Chronological order. Generalizations and specifics. 14. spoken. accomodation. it is a fiction. has happened and what has been done. Explanation. persuasion. Classification by expansion. Otherwise. Progress is always brought about by truth. or a research designed analytically. The product of thinking is thought. In a conferences language is used in a deliberation. Discussion/ debate. • The essential language structures are as follow : 1. Behaviour or conduct is fate. 10. Language as used in speech serves a function of practical economy in social interaction. direct or regulate. Classification. Comparison and contrast. semi-formal. or compromise. 13. Thought is stable only if it is supported by language structures. Fact has come from Latin word facio. 11. Truth is nothing but empirica. descriptively or experimentally. 4. • There are four levels of the language use. 8. Prediction. namely vulgar. Personal opinion. that means two things.THE ESSENTIAL LANGUAGE STRUCTURES FOR ALL PURPOSE • Man is a thinking creature. Hypotheses. Spatial Order. Analogy. 15. They are. Refutation. observable. 2. 5. Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Padjadjaran 2004-2005 Campus in Compact – Bahasa Inggris 11 . 9. structures are able to control. shape. 6. Definition. and justifiable fact. Beyond any doubt. an observation. an investigation. 12. 17. Fate can be improved only if there is a progress. 16. manage. a study. and formal. Cause and effect. Facts may be obtained by means of a survey. and limit the behaviour of man in the society. Cycles and chain reactions. negotiation. Proposals. 3. 7.
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