ALSA Indonesia Legal English Vocabularies

085/ALSANCI/VIII/2020

ALSA INDONESIA LEGAL ENGLISH VOCABULARIES

alsa-indonesia.org

ALSA INDONESIA LEGAL ENGLISH VOCABULARIES #1 Academic Activities and Training ALSA Indonesia CRIMINAL LAW PROCEDURE

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Terminology

Suspect

Defendant

Preliminary Investigation

Investigation

Definition

Explanation

Example

Tersangka

1. a person who by virtue of his deeds or his condition, on the basis of preliminary evidence, can reasonably be presumed to have committed an offense.

E.g.: A suspected commit murder

Terdakwa

1. a person or group against whom a criminal action is brought.

2. someone who is being sued or accused of committing a crime

E.g.: The judge concluded from the evidence that the defendant was innocent.

Penyelidikan

1. a series of acts by a junior investigator to seek and to find an event that is presumed to be an offense in order to determine whether or not an investigation may be carded out by means regulated in this law.

E.g.: Preliminary investigation will be initiated after a report has been filed to the police department.

Penyidikan

1. a series of acts by an investigator in matters and by means regulated in this law to seek and gather evidence with which to clarify whether an offense

E.g.: Further investigation will be needed in order to determine whether or not

is to a

has occurred and to locate the criminal the suspect. offence occurs.

5.

6.

Junior Investigator

Investigator

7.

Prosecutor

8.

Warrant Of Arrestment/Let ter of Arrestment

Penyelidik

Penyidik

Penuntut Umum

Surat Penangkapan

1. official of the state police of the Republic of Indonesia who is granted authority by this law to perform a preliminary investigation.

E.g.: the Junior Investigator has been seeking for information and evidence to clarify the truth regarding the case.

1. official of the state police of the Republic of Indonesia or a certain official of the civil service who by law is granted special authority to conduct an investigation.

E.g.: the investigator has begun to inspect the goods in the crime scene.

1. A legal official who accuses someone of committing a crime, especially in a law court

E.g.: The tape recordings provided prosecutors with the evidence they needed to prove the defendant had been involved in the criminal offence.

1. A document issued by a E.g.: The judge judge that authorizes the has issued the police to arrest someone. warrant of arrestment for the defendant.

9.

Arrest

Penangkapan

1. The action of investigator to temporarily restrict the freedom of suspect/ Accused based on sufficient evidence for the interest of investigation or prosecution or adjudication which the matters and means regulated by the law; 2. For purposes of preliminary investigation and investigation; 3. The investigator and assistant investigator shall have the authority to make an arrest.

4. Requirements :

E.g.: Since the evidence obtained by the investigators is sufficient, and the suspect is likely to run away, the investigator arrests the suspect at his home

a. Strongly presumed committing an offence; b. Sufficient preliminary evidences

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11.

Seizure

House Search

Penyitaan

1. The action of taking something by force or with legal authority.

2. The taking possession of person or property by legal process

E.g.: The evidence found at the scene of the crime has been seized by the investigator.

Penggeledaha n rumah

1. An act by an investigator to enter a place or residence and other closed premises to carry out acts of inspection and/or seizure and/or arrest in matters and by means regulated in this law.

E.g.: the investigator searched the suspect house to seek for an evidence to be

brought before the court

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15.

Detention

Trial

Power of Attorney

Testimony

Penahanan

1. The placement of a suspect or accused in a certain place by an investigator or public prosecutor or a judge with a ruling therefore, in matters and by means regulated in this law.

E.g.: The suspect of the fraud case has been detained under the public prosecutor’s custody.

Persidangan

1. The hearing of statements and showing of objects, etc. in a law court to judge if a person is guilty of a crime or to decide a case or a legal matter

E.g.: He is fighting extradition to Hong Kong to face trial on fraud charges.

Surat Kuasa

1. A formal document called a power of attorney is used to appoint the attorney.

2. A document that gives another person legal authority to act on your behalf.

E.g.: A has been given a power of attorney to act on behalf of B in the criminal proceeding case.

Kesaksian / Keterangan

1. Evidence given by a witness 1. Witness under oath, at trial, Testimony deposition, or hearing.

2. However 2. one of the means of there is a providing evidence in a special criminal case in the form of terminology information from a witness for Expert concerning a criminal event Testimony in which he himself has heard which it is of, witnessed or defined as an experienced by mentioning information provided by a

the reasons for his knowledge.

3. The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

person who has special expertise on matters required toelucidate a criminal case for purposes of examination.

E.g.: in cases regarding cybercrime the prosecutor has brought an IT Expert to testify regarding the case with his opinion.

16.

Evidence

Bukti

17.

Indictment

Dakwaan

1. Material presented to a court to prove or disprove a fact. It can include what witnesses say as well as documents and other objects.

2. The many types of information presented to a judge designed to convince them of the truth or falsity of key facts.

E.g.: sufficient evidence is needed to prove the defendant is guilty of murder.

1. a document setting out the E.g.: the details of the offence a prosecutor’s defendant is accused of. indictment has

2. A document that lists the been accepted charges against an accused by the judge. and is filed with the court to begin criminal proceedings.

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Adjudicate

Acquittal

Rehabilitation

Mengadili

1. The punishment ordered by E.g.: The case a court for a defendant was convicted of a crime. adjudicated in a district court.

Pembebasan

1. The court's decision that a person is innocent of the crime they were charged with.

2. A legal judgment, based on the decision to either a jury or a judge, that an accused is not guilty of the crime for which he or she has been charged or tried.

E.g.: the defense counsel respectfully requests the honorable judge to adjudge and declare that the defendant shall be acquitted.

E.g.: The judge has appointed the defendant who was addicted to substance for rehabilitation.

Rehabilitasi

1. The right of a person to have his/her rights restored to their capacity, status, dignity and integrity which is granted at the stage of investigation, prosecution or adjudication by virtue of having been arrested, detained, prosecuted or tried without any reason based on law or due to an error regarding his/her person or the law which is applied by means regulated in this law

21.

Pre-Trial

Pra-Peradilan

1. One of the competences of the court to supervise the way of the legal enforcer to conduct their investigation or other lawful acts in handling criminal cases.

2. A new mechanism that controls the way the law enforcers conduct or implement the law and the possibility to provide rehabilitation or compensation.

3. In article 1 (10 Criminal Procedural Code (CPC), Pretrial is the competence of the court of justice to conduct an investigation and decide in ways which are regulated by this law, on : a. whether or not an arrest and/or detention is legal at the request of the suspect or his family or other party on behalf of the suspect; b. whether or not the termination of investigation or prosecution upon request is valid for the sake of upholding law and justice; c. request for indemnity or rehabilitation from a

E.g.: Before a criminal case goes to trial, the defense team usually appears before a criminal court judge and makes pre-trial motions to examine the arrest and detain process of the suspect.

suspect or his family or another party on.

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Legal Justification

Excuse Defense

Intention / Mens Rea

Alasan Pembenar

Alasan Pemaaf

Niat Jahat/ Kesalahan

1. A type of defense that E.g.: An exempts the defendant from executor of the liability because the death penalty defendant's actions were for inmates justified. cannot be prosecuted because he is carrying out his obligations, so that includes justification.

1. A type of defense that exempts the defendant from liability because of some circumstance, but does not actually condone the result that flowed (at least in part) from the defendant's actions.

E.g.: A woman who is being raped who then wants to defend herself with the perpetrator's knife, causing the perpetrator to die, cannot be convicted because it is included in the excuse of defense.

1. Intention is the result of what is aimed as expected from the knowledge of the perpetrator (Von Hippel); 2. The combination of Knowledge and Will.

Knowledge of knowing that what is committed is

E.g.: the doer must have a criminal intention or fault in order to be proven guilty of doing such action. Article

25.

Criminal Action / Actus Reus

Perbuatan Pidana

prohibited and Will to commit that (Pompe); 3. Knowledge has covered the will (Moeljatno); 4. Types of Intention: a. Intention as intended (opzet als oogmerk); b. Intention as possibility (opzet bij mogelijkheidsbewustzijn ); c. Intention as a must (opzet bij noodzakelijkheids); d. Eventual deliberation; e. Colored and Colorless intention; f. Objected intention; g. Direct Intention (As purposed); h. Indirect Intention (Beyond the purpose); i. Determined Intention; j. Indeterminate Intention; k. Alternative Intention; l. General Intention; m. Dolus Repentinus Accidental.

340 of Criminal Code, the doer must have the intention and knowledge regarding the criminal action (murder) and the consequence that will happen.

1. An act that is prohibited by law and there is a threat to any who violate; 2. According to Moeljatno, there are elements of Criminal Actions: a. Behavior and consequence (Acts);

E.g: the doer must be proven to have done the criminal action, in Article 340 of Criminal Code, the doer must fulfil the

b. Additional circumstances against criminal; c. Things or circumstances that accompany the act; d. Objective Unlawfulness (Obyektif onrechtselement); e. Subjective Unlawfulness (Subyektif onrechtselement).

elements of conducting an organized murder / premiditated murder as a criminal action.

Sources: Black’s Law Dictionary 9th Edition Cambridge Dictionary, (https://dictionary.cambridge.org/dictionary/english accessed on 6th July 2020) Dimond Kaplan & Rothstein, Criminal Law Legal Terms & Definition, (https://michellesuskauer.com/criminal-law-legal-terms-definitions/ accessed on 5th July 2020) Eddy O.S. Hiariej, 2015, Prinsip-Prinsip Hukum Pidana (revised edition), Yogyakarta: Cahaya Atma Pustaka.

H.P. Panggabean, Pemulihan Aset Tindak Pidana Korupsi Teori-Praktik dan Yurisprudensi di Indonesia, page 203-204.

Herbert L. Packer, 1968, 1968, The Limits of the Criminal Sanction, California: Standford University Press.

Indonesian Criminal Law Procedure, Law No. 8 Year 1981 Concerning The Criminal Procedure.

(Translated by UNODC: https://www.unodc.org/res/cld/document/idn/law_number_8_year_1981_concerning_the_c riminal_procedure_html/I.2_Criminal_Procedure.pdf accessed on 27th June 2020) Luhut MP Pangaribuan, 2013, Hukum Acara Pidana, Surat Resmi Advokat di Pengadilan: Praperadilan, Eksepsi, Pledoi, Duplik, Memori Banding, Kasasi dan Peninjauan Kembali, Jakarta: Papas Sinar Sinanti.

Merriam Webster Dictionary, (https://www.merriam-webster.com/dictionary accessed on 6th July 2020) Moeljatno, 2008, Asas-Asas Hukum Pidana, Jakarta: Rineka Cipta.

Nolo, Gerald N. Hill & Kathleen, Thompson Hill, Nolo’s Plain English Law Dictionary, (1st edition, May 2009) Topo Santoso & Eva A. Zulfa, 2014, Kriminologi, Jakarta: PT. Raja Grafindo Persada.

Victoria Law Foundation, Legal Glossary (https://victorialawfoundation.org.au/sites/default/files/attachments/Legal-glossary_0.pdf accessed on 5th July 2020)