16 TENSES FUNCTIONS

The common mistakes made by lawyers

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 Present habit
She always goes to school at 7 am General truth
Standard procedure

The products come in on a conveyour belt through this chute. Operators pick
out any that appear tobe flawed, and check them manually. If they are flawed,
the operators put them in this bucket. If they meet the standard, they are put
back on the conveyur belt. The rest of the pruducts pass through this painting
machine. Then they move on to...

The products will come in on a conveyour belt through this chute. Operators will
pick out any that appear tobe flawed, and will check them manually. If they are
flawed, the operators will put them in this bucket. If they meet the standard,
they will be put back on the conveyur belt. The rest of the pruducts will pass
through this painting machine. Then they will move on to...
COMMON MISTAKES WITH TENSES IN LEGAL DOCUMENTS
The first step is (that) the company applies for the license. Then,
the receiving officer will check whether all the supporting
documents are in order. If they are in order, the receiving officer
will forward the application to the assessment officers. Then...

STANDAR PROCEDURE: how a process generally works

The first step is (that) the company applies for the license. Then,
the receiving officer checks whether all the supporting
documents are in order. If they are in order, the receiving officer
then forwards the application to the assessment officers. Then...
how a particular process WILL ACTUALLY WORK in a particular case
Next week, we will apply for the license. The receiving officer will check
whether all the supporting documents are in order. If they are in order,
the receiving officer will forward the application to the assessment
officers. Then...
COMMON MISTAKES WITH TENSES IN LEGAL DOCUMENTS

CONDITIONAL SENTENCE TYPE 1

(if simple present + present future)

Therefore, if the holders of CCoW have not submitted any

extension application of the CCoW, the total extension period
obtained by the holders of CCoW will be 20 years.
 She always goes to school at 7 am

She is reading a book at the library now

She fixed the radio last weekend
Emphasizing WHEN
(The Past Time)

She has fixed the radio

Emphasizing the
sense of “ALREADY”,
“FREQUENCY”,
“EXPERIENCE”
 She is reading a book now

She has been reading a book for 2 hours

She has been reading a book since 2 hours ago

She has been reading a book since I came home

 She went to Bali last weekend
She has visited Bali before

She had visited Bali before she went

back to the states
She went back to the states after
she had visited Bali
 She went to Bali 4 years ago
She went to the States 2 years ago

She had visited Bali before she went

back to the States
She went back to the States after
she had visited Bali
 She did the homework yesterday

She was doing the homework yesterday at 7 pm

She was doing the homework when I got home

 She has been reading a book for 2 hours
She has been reading a book since 2 hours ago

She had been reading a book for 2 hours when

I came home
 She will study English tomorrow

She will be studying English tomorrow at 7 am

She will have fixed the radio by the end

of this week
 She has been working here for 11
months and 3 weeks

She will have been working here for 1

year next week
COMMON MISTAKES WITH TENSES IN LEGAL DOCUMENTS

• We have finally received the requested documents on Monday.

• We finally received the requested documents on Monday.

• We have submitted the information before we filed the

application.
• We had submitted the information before we filed the
application.
COMMON MISTAKES WITH TENSES IN LEGAL DOCUMENTS
In July 2018, The Indonesian Supreme Court has issued Supreme Court
Regulation Number 3 of 2018 on Administration of Court Cases by
Electronic Means (“PERMA 3/2018”) So, when do we
use the Present
In July 2018, The Indonesian Supreme Court has issued Supreme Court Perfect tense in
Regulation Number 3 of 2018 on Administration of Court Cases by legal documents?
Electronic Means (“PERMA 3/2018”)

Under Article 169 (1) of Law 4/2009, CoW and CCoW that have already
existed before the enforcement of Law 4/2009 are still valid until the
expiration of the agreement.

Under Article 169 (1) of Law 4/2009, CoW and CCoW that had already
existed before the enforcement of Law 4/2009 are still valid until the
expiration of the agreement.
COMMON MISTAKES WITH TENSES IN LEGAL DOCUMENTS

• Article 7 of Law No. 2 of 2004 on Industrial Relation Disputes

Settlement stipulated that [….]
• Article 7 of Law No. 2 of 2004 on Industrial Relation Disputes
Settlement stipulates that [….]
(the law is still applicable now that it has not been revoked by a newer
law; not about when the law was issued)
• The fine for driving without a license shall be $10.00.

• The fine for driving without a license is $10.00.

 COMMON MISTAKES WITH PRESENT PERFECT

I have phoned him yesterday.

I phoned him yesterday.

We have not completed the report last week.

We did not complete the report last week.
 BEWARE OF IMPLIED TIME LOGIC

The transaction has not been finalized on 31 December 2017.

The transaction was not finalized on 31 December 2017.

We have analyzed the contracts during the first due diligence

process.
We analyzed the contracts during the first due diligence process.

This issue has been discussed prior to executing the transaction.

This issue had been discussed prior to executing the transaction.
 BEWARE OF IMPLIED TIME LOGIC
Incorr
During the inspection, it was found that the provision for an ect
average 5-day work week has been violated.
Correc
During the inspection, it was found that the provision for an t
average 5-day work week had been violated.
Incorr
ec t
The Company admitted in the course of the proceedings that the
boundaries of the tunnel have been measured incorrectly. Correc
The Company admitted in the course of the proceedings that the t
boundaries of the tunnel had been measured incorrectly.
Correc
The Company has admitted that the boundaries of the tunnel t
were measured incorrectly.
 THE RIGHT USE OF THE PRESENT PERFECT TENSE
We’ve already met a couple of times.
So far the regulator has not indicated that this type of activity is
contrary to the provisions on insurance activity.
We still have not received payment of the invoice.
Have you ever seen anything like this before?
The CEO has just arrived.
We have recently received a new instruction from this client.
We have not heard from the tax authority yet. (Belum)
We have yet to hear from the tax authority. (Belum)
 THE RIGHT USE OF THE PRESENT PERFECT TENSE
To express an action that continues up to the present time.

I have worked at the company for three years.(And I work there

now.)
I worked at the company for three years.(I no longer work there.)

Our lawyers have assisted many high profile clients.(And continue

to do so.)
Adam is a highly experienced investigator who has worked on
numerous cases of this type.(And continues to do so.)
Summary:
1. If the regulation is still applicable up until now, the sentence must be in the simple present no
matter when the regulation was issued.
2. If a past time modifier is mentioned in the sentence, the sentence must be in simple past.
3. If there is no time modifier, but it is sure that it actually happened in the past, the sentence
must be in present perfect
4. If something has been expected to happen, but it still doesn’t happen until now, use present
perfect in negative sentence. we haven’t been informed about the ….
5. The tenses sequence: Present perfect + simple past – He has admitted that he stole the money
6. The tenses sequence: Simple past + past perfect – he admitted that he had stolen the money
7. If 2 past actions are being compared, one action of which already happened BEFORE the other
one, use past perfect [past perfect + BEFORE + simple past]
8. Be sensitive with implied time logic [e.g. during, today, first LDD]
ANY QUESTIONS…?