AN ANALYSIS OF TRANSLATION PROCEDURES OF LEGAL TERMS FOUND ON SUITS TV SHOWS.pdf

Jurnal Pengembangan dan Penelitian Pendidikan https://journalpedia.com/1/index.php/jppp Vol. 06, No. 3 Agustus 2024 AN ANALYSIS OF TRANSLATION PROCEDURES OF LEGAL TERMS FOUND ON SUITS TV SHOWS Made Arya Duta Gunaksara1, Ni Luh Sutjiati Beratha2, I K...

Jurnal Pengembangan dan Penelitian Pendidikan https://journalpedia.com/1/index.php/jppp Vol. 06, No. 3 Agustus 2024 AN ANALYSIS OF TRANSLATION PROCEDURES OF LEGAL TERMS FOUND ON SUITS TV SHOWS Made Arya Duta Gunaksara1, Ni Luh Sutjiati Beratha2, I Komang Sumaryana Putra3 1,2,3 Udayana University [email protected] , [email protected], [email protected] 1 Abstrak Penelitian ini menyelidiki penerjemahan istilah hukum bahasa Inggris ke bahasa Indonesia, dengan fokus pada teknik yang digunakan oleh penerjemah di berbagai tingkat linguistik. Bahasa Inggris Hukum, yang sering disebut dengan "bahasa legal", sangat penting untuk ketepatan dalam dokumen dan proses hukum meskipun rumit. Dengan menggunakan kerangka kerja Harvey (2000), penelitian ini menganalisis prosedur penerjemahan dalam serial TV “Suits”, yang dipilih karena kaya akan terminologi hukum. Data dikumpulkan dari dialog karakter, mengungkapkan tiga teknik utama: kesetaraan fungsional, kesetaraan formal, dan transkripsi atau peminjaman. Kesetaraan fungsional menerjemahkan istilah berdasarkan fungsinya dalam konteks hukum, kesetaraan formal memastikan terjemahan literal, dan transkripsi meminjam istilah langsung dari bahasa sumber. Penelitian ini menyoroti tantangan linguistik dan sejarah dalam menerjemahkan antara bahasa Inggris, yang dipengaruhi oleh common law, dan bahasa Indonesia, yang dibentuk oleh hukum perdata Belanda. Penggunaan teknik Harvey memastikan penerjemahan hukum yang akurat dan efektif, serta mendorong kerja sama dan pemahaman hukum internasional. Kata Kunci: Penerjemahan, Prosedur, Hukum, Setelan Abstract This research investigates the translation of legal English terms into Indonesian, focusing on techniques used by translators at various linguistic levels. Legal English, often termed "legalese," is essential for precision in legal documents and proceedings despite its complexity. Using Harvey's (2000) framework, the study analyzes translation procedures within the TV series "Suits," chosen for its rich legal terminology. Data was collected from characters’ dialogues, revealing three primary techniques: functional equivalence, formal equivalence, and transcription or borrowing. Functional equivalence translates terms based on function within the legal context, formal equivalence ensures literal translations, and transcription borrows terms directly from the source language. The research highlights the linguistic and historical challenges in translating between English, influenced by common law, and Indonesian, shaped by Dutch civil law. Employing Harvey's techniques ensures accurate and effective legal translations, promoting international legal cooperation and understanding. Keywords: Translation, Procedures, Legal, Suits 178 Jurnal Pengembangan dan Penelitian Pendidikan https://journalpedia.com/1/index.php/jppp Vol. 06, No. 3 Agustus 2024 INTRODUCTION Law permeates nearly every aspect of society, intersecting with fields as varied as health, sociology, anthropology, and business, thus underscoring its profound impact. At the heart of legal discourse lies legal English, often referred to pejoratively as "legalese," which serves as the primary language of communication within the global legal community. Dharmawan (2012) states that by understanding the nuances of legal terminology, legal professionals can avoid ambiguity and ensure clarity in legal documents and communications. As stated by Groot (2012) Understanding the cultural and cultural context of the source and target languages is essential for accurate interpretation. This specialized form of language is essential for precision and clarity in legal documents, court proceedings, and international treaties despite its notorious complexity compared to everyday speech. Legal English is characterized by its extensive use of technical vocabulary, archaic terminology, and syntactic structures that can confound even native speakers of English, Mellinkoff, (1932). This complexity arises from the need to express legal concepts with utmost precision and to maintain consistency in legal texts that span multiple jurisdictions and legal traditions. The translation of legal terms between English and Indonesian presents unique challenges rooted in both linguistic disparities and historical contexts. Indonesian legal language, shaped significantly by its Dutch colonial heritage, incorporates terms and concepts derived from Dutch civil law, such as "Wetboek van Strafrecht" (Criminal Law Code). Sarcevic (2012) states that legal translation is possible but not perfect. It demonstrates how skilled translators with legal expertise and cultural sensitivity effectively use language to address conceptual discrepancies by creating terminological bridges. These linguistic differences necessitate meticulous translation efforts to ensure accuracy and fidelity to legal concepts across languages, thereby bridging the gap between legal systems and facilitating international legal cooperation. Haigh (2009). The difficulty in understanding legal language is attributed to the extensive use of complex vocabulary and expressions. This research explores the translation process, focusing on identifying the techniques used by translators at the word, phrase, and sentence levels. It also examines how these techniques are applied to transition from the source language to the target language. The study employs the framework proposed by Harvey (2000). This analysis focused on the series “Suits” which is shown in Netflix. The series was chosen because of the variety of legal terms in legal context situation. 179 Jurnal Pengembangan dan Penelitian Pendidikan https://journalpedia.com/1/index.php/jppp Vol. 06, No. 3 Agustus 2024 TRANSLATION PROCEDURES Newmark (2002) states Translation is the act of converting words, phrases, clauses, and sentences from one language (known as the source language) to another language (known as the target language). Translation also refers to the procedure of Translating the semantic content of the source language into the target language. translation is a skill that involves an effort to substitute a written message or statement in one language with an equivalent message or statement in another language. Newmark asserts that the act of translation involves the conversion of written communications from the source language to the target language while maintaining the integrity of the original message without any additions or omissions. According to Harvey (2002), in his publication at the University of Lyon, France, there are four procedures for translating legal English. Two of the theories were stated by Gallagher (1993) which are functional equivalence, formal equivalence, and two other are transcription or borrowing, and descriptive or self-explanatory translation. These techniques are particularly useful for legal texts, as they address the unique challenges posed by the need for precision, consistency, and fidelity to the original meaning. Legal texts often contain complex terminology and concepts that require careful handling to ensure accurate translation and understanding. Harvey's procedures provide a structured approach to managing these challenges and are widely recognized in the field of legal translation. Functional equivalence involves translating a term or phrase in the source language with a term in the target language that performs the same function, even if it does not have the same literal meaning. It focuses on the equivalence of function and purpose within the legal context of both languages. For instance, a legal term specific to one country's legal system might be translated into a term that serves the same function in another country's legal system, even if the terms do not match exactly. Alcaraz (2002) states Translating functional vocabulary, which conveys legal concepts and procedures, requires a deep understanding of legal contexts. Formal Equivalence involves a literal or word-for-word translation, aiming to stay as close as possible to the exact wording and structure of the original text. This method prioritizes accuracy and faithfulness to the original text, which is essential in legal contexts where precise language is critical. Transcription or borrowing borrows the source language term directly into the target language. This is often done because there is no equivalent term in the target language or because the source term has a specific legal significance that needs to be preserved. This 180 Jurnal Pengembangan dan Penelitian Pendidikan https://journalpedia.com/1/index.php/jppp Vol. 06, No. 3 Agustus 2024 approach helps maintain the original term's specific legal connotations. Descriptive or self-explanatory, providing an explanation or definition of the term within the translation itself. It is used when a direct translation is not possible or would not be easily understood by the target audience. The translator includes a brief explanation to ensure that the term's meaning and legal significance are clear. RESEARCH METHOD The data for this analysis was taken from the American action series on Netflix entitled Suits. It was created by Aaron Korsh and produced by Universal Content Productions, and it debuted on USA Network on June 23, 2011. The data was collected from the conversation between the characters that appear on the series using documentation Creswell (2009). The conversation in the series was collected during and after watching the show and compared with The Black Law Dictionary in order to find the legal terms. After the data was collected, it was analyzed using Harvey's (2002) theory to identify the legal terms translation procedures. All the data collected was input into the matrix. The processes for analyzing the data included: (1) watching the series two times to observe the data, (2) classifying the data using Garner's (2009) Black Law Dictionary, (3) rereading the data that had been collected, and (4) verifying the research data through checking, re-checking, cross-checking, and concluding. RESULTS AND DISCUSSION Functional Equivalence Source Language Target Language (English) (Bahasa Indonesia) And an affidavit stating you paid Ms. Dan sebuah keterangan yang menyatakan Webster kau membayarnya Suits, Season 1 Episode 1 (1,17.40) An affidavit is defined as a written or printed declaration or statement of facts, made voluntarily and confirmed by the oath or affirmation of the party making it, taken before an officer who has the authority to administer such an oath (Santori, 2023). The data reveals that the translator transforms the word "affidavit" into "keterangan" in Bahasa Indonesia. This translation procedure is known as functional equivalence. The term "keterangan" refers to a letter or document that contains a statement made by an individual regarding specific matters. 181 Jurnal Pengembangan dan Penelitian Pendidikan https://journalpedia.com/1/index.php/jppp Vol. 06, No. 3 Agustus 2024 In the context of Indonesian law, an affidavit can be translated to an equivalent term, "keterangan," which similarly implies a written statement made under oath. This reflects the idea that an affidavit in the source language is understood as an official written document containing a person's sworn statement about certain facts. The translation process involves ensuring that the meaning and function of the original term are preserved in the target language. In Indonesian legal terminology, an affidavit is regarded as a written letter of statement made under oath, highlighting its formal and binding nature. This approach underscores the importance of maintaining the legal integrity and context of the term while adapting it to fit the linguistic and cultural framework of the target language. Consequently, the translation from "affidavit" to "keterangan" effectively captures the essence of the original term, ensuring its accurate representation in Indonesian legal discourse. Formal Equivalence Source Language Target Language (English) (Bahasa Indonesia) There’s gonna be a lawsuit Akan ada perkara hukum. Suits, Season 1 Episode 2 (19.33) According to Black's Law Dictionary, a lawsuit is defined as a vernacular term for a suit, action, or cause instituted or pending between two private persons in the courts of law (Garner, 2002). On the other hand, Gilfis (2000) described a lawsuit as any proceeding in a court of justice by which an individual seeks a remedy that the law provides. In translating the term "lawsuit" from English to Bahasa Indonesia, the translator uses the term "perkara hukum." This translation process employs formal equivalence, ensuring that the translation retains the original term's meaning and context. The term "perkara hukum" in Indonesian is composed of two words: "perkara," which corresponds to "case" or "matter," indicating a legal issue or dispute, and "hukum," which directly translates to "law" or "legal," highlighting the judicial nature of the matter. The use of formal equivalence in this translation ensures that the nuanced meaning of the original term "lawsuit" is preserved in the target language. In English, "lawsuit" is a compound word that combines "law" and "suit" to denote a legal action taken in court. Similarly, in Bahasa Indonesia, "perkara hukum" captures this duality by combining "perkara" and "hukum." "Perkara" signifies the subject or issue at hand, while "hukum" clearly designates 182 Jurnal Pengembangan dan Penelitian Pendidikan https://journalpedia.com/1/index.php/jppp Vol. 06, No. 3 Agustus 2024 its legal or judicial context. This translation approach underscores the importance of accurately conveying the term's legal connotations. In both languages, the term refers to a formal legal process in which parties seek to resolve disputes or assert rights through the judicial system. By using formal equivalence, the translator ensures that the term "perkara hukum" effectively mirrors the meaning and function of the English term "lawsuit," thereby maintaining the integrity and clarity of legal discourse in both languages. Transcription or borrowing Source Language Target Language (English) (Bahasa Indonesia) Harvey: Try my hand at litigation Harvey: Aku akan mencoba litigasi Suits, Season 1 Episode 1 (40.30) According to Black's Law Dictionary, 9th edition, authored by Garner (2001), litigation refers to the process of carrying out a lawsuit or a legal contest in a court of justice with the aim of enforcing a right. Similarly, H.Gflis (2000) in his work, defined litigation as a judicial contest intended to determine and enforce legal rights. In translating the term "litigation" from English to Bahasa Indonesia, the word "litigasi" is used. Suharsono (2010) states "litigasi" refers to the process of resolving disputes through the courts. This translation employs transcription or borrowing translation procedures, wherein the term from the source language is adapted and adjusted to fit the linguistic and phonetic norms of the target language. This is evident in the transformation of the English suffix "tion" into the Indonesian suffix "si," showcasing the adaptation process from the source language to the target language. This method ensures that the translated term retains its original meaning and context while conforming to the grammatical and phonological rules of Bahasa Indonesia. CONCLUSION This analysis identified three of Harvey's translation procedures, each containing legal terms that correspond to these translation procedures. The procedures found are functional equivalence, formal equivalence, and transference. The results of the analysis indicate that in translating legal terms, especially from the subtitles of a TV series, three of the four procedures outlined by Harvey are frequently used. translating legal terms between English and Bahasa 183 Jurnal Pengembangan dan Penelitian Pendidikan https://journalpedia.com/1/index.php/jppp Vol. 06, No. 3 Agustus 2024 Indonesia requires a deep understanding of linguistic and legal nuances. The use of Harvey's translation techniques ensures that legal concepts can be conveyed accurately and effectively between languages, facilitating better international legal cooperation and understanding. REFERENCES Aaron. K. (2011-2019) Suits, New York, Untitled Korsh Company Hypnotic Films & Television Alcaraz, E., & Hughes, B. (2002). Legal Translation Explained (1st ed.). London, Routledge. https://doi.org/10.4324/9781315760346 Cabanellas, G. (2015). The legal environment of translation. London. Routledge. Deborah C, (2007). 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