Filetype PDF | Posted on 22 Sep 2022 | 3 years ago
Authentication
digital resources
134x Filetype PDF File size 0.18 MB Source: media.neliti.com
NOVATEUR PUBLICATIONS
JournalNX- A Multidisciplinary Peer Reviewed Journal
ISSN No: 2581 - 4230
VOLUME 6, ISSUE 6, June -2020
THE APPLICATION OF FORENSIC LINGUISTICS AS AN INVESTIGATIVE
TOOL IN CRIMINAL CASE VERDICTS
(A case study at the state court of Gorontalo)
ROSMA KADIR
Letters and Culture Faculty, the State University of Gorontalo,
Gorontalo City, Indonesia
rosmakadirrose@gmail.com
ABSTRACT: culture (Sumarsono and Partana, 2004:19-20).
This research aims at In other words, the science of language is not
describing the application of legal language only limited to examining the aspect of
using a forensic linguistics approach linguistics but also sees human as the main
through discourse analysis, text, speech act, supporting factor who delineate the existence of
meaning, and language style. This research a language.
applies qualitative method. This research Placing an emphasis on the importance
was conducted in the state courts of of communityïas an element in the process
Gorontalo. Data were collected from verdicts of language maintenance, Gumperz, and Hymes
of the state court of Gorontalo. The (ed 1972:53) argued that the relationship
researcher selected these data using between language and social life are regarded as
literature review technique. These data the primary media to portray all human actions
were then analyzed based on the substance in both knowledge (consciously or
of the problem. Data analyses were unconsciously) and other things that enable
conducted by several steps. Verdicts were people to use language. In the study of
analyzed using 1) discourse form, 2) community and language, a lot of scopes can be
language style, and 3) speech acts. This applied as the research materials, one of which
research is of use for facilitating law is the forensic linguistics. Forensic linguistics is
enforcement officials to solve legal problems applied in analyzing the correlation between
from the language use point of view. This is language and law. One of the subdomains of
due to the unresolved issues of legal forensic linguistic study is discourse analysis.
language, thus, this research strives for In the context of discourse analysis and
helping society find truths and justice law, there are various studies of speech
through comprehensive legal evidence. interpretations in a speech situation. This is in
Keywords: Legal, Forensic Linguistics, reference to the legal language that tends to be
ï , Interrogation applicative, in which the speeches delivered
Report. refer to a certain activity.
Forensic linguistics is a part of applied
INTRODUCTION: linguistics involving the relationship between
Language associated with community is language and law. This means that language is
considered as a social behavior that is used in able to be utilized as an investigative tool to help
establishing communication. Language is also resolve the legal language problems.
deemed as a social or cultural product, even it is This is crucial because law is often to be
acknowledged as an inseparable part of a the instrument to achieve the interests of a
251 | P a g e
NOVATEUR PUBLICATIONS
JournalNX- A Multidisciplinary Peer Reviewed Journal
ISSN No: 2581 - 4230
VOLUME 6, ISSUE 6, June -2020
handful of intellectuals and legal apparatus who for the presence of forensic linguistics will take
occasionally twist the interpretation of the into account.
meaning of a legal product. This type of This research was conducted at the state
language that potentially contains ambiguity is courts of Gorontalo. The sites were chosen as
commonly used by people who get involved in a the research objects because it predicated on
conflict of interest in legal issues. Parties the basis of thought that the state courts are the
involving in the conflict tend to build arguments main gates in accessing the justice system.
from gaps in meaning that can be drawn into
various interpretations. LITERATURE REVIEW:
The legal language has varying Bhatia (1983 and 1993) applied theories
interpretations in accordance with the needs of of Simplication and Easification on legal English
the people. Every person is able to interpret the text. This research is entitled Simplification and
law based on what is understood and what logic Easification The Case of Legal Texts and
intends to be constructed. This is due to the fact Analysing Genre: Language Use in Professional
that law is quite open and permissive to various Settings.
meanings. Meanwhile, this totally defies the Bhatiaï
uses techniques of
concept of law that has certainty in meaning as easification devices. This technique can be
well as having no multiple interpretations. As applied to help readers understand the legal
stated by Hadikusuma (1992:2-3), legal English texts with ease.
language is the language of rules and Butt, Petter, and Castle, Richard (2006)
regulations aiming to actualize order and justice outlined the features of Anglo-Saxon (USA) legal
of protecting the public and personal interests texts in their research entitled ò
in a community thus it requires the application ëóä These features include the use
of mono-semantics. of formal language, document structure,
Language is a fundamental element in punctuation, tables, notes, summaries,
the study of law. This notion appears in the first ambiguities, pronouns, special terms, word
place since law either the legislation or legal îïîáï criminal elucidation,
document forms is authentic of the linguistic and conclusions. In addition, this research also
product. This is simply because there is a examines the external factors influencing the
juridical way of thinking in the legal language. legal texts. These factors cover the mixed
To put it another way, law is enacted above the language, customary law concept, and the
logic of a language. Based on this logic, the central government intervention.
formulations of law are perceived as tools of Djatmika et al. (1999) conducted similar
justice in favor of regulating
ï research in Indonesian legal texts with a title
behavior socially as well as enabling them to ò ã
have a definite legal reference. Pendekatan Sistemik Fungsionaläó This research
The importance of legal language, as well applies a systemic functional approach to
as its interpretations constructed on top of the examine what aspects of language inflict the
language, has inspired the researcher to Indonesian legal texts to be complicated and
conduct research in the field of forensic disheveled. Based on the findings, they set out
linguistics. Therefore, if at all times the some strategies to understand the analyzed
investigation of a legal case receives more texts with ease.
attention than the results, perhaps it is now time The other review is a research of
Djatmika ä trrs ò
252 | P a g e
NOVATEUR PUBLICATIONS
JournalNX- A Multidisciplinary Peer Reviewed Journal
ISSN No: 2581 - 4230
VOLUME 6, ISSUE 6, June -2020
Teks Kitab Undang-Undang Hukum Perdata: markers, functions of language style in a legal
óä
also text, and how the application of stylistic features
strives for formulating easification techniques helps achieve effective communication in a legal
to overcome the transactional texts in the text. Furthermore, the analysis result
Indonesian civil code. The next easification underscores the elements of graphological,
technique is through seeing how those cohesive lexical, and syntaxis. The research result reveals
devices are used in Indonesian legal texts. Based that the language of a legal document possesses
on the discourse analysis stressing on cohesion several unique features that are different from
usage, the formulation of easification strategy is other types of language. The uniqueness lies in
presented in further research of Djatmika the implementation of terminology, complex
(2003) with a title ò sentences, and straightforward language.
Berbahasa Indonesia: Sebuah Upaya Saifullah, Aceng Ruhandi (2009), in his
ó research entitled Analisis Linguistik Forensik
Holdsworth, Judith L (2013), in his Terhadap Tindak Tutur yang Berdampak
research entitled ò Hukum (studi kasus di Polres Bandung)
ó depicts the difference of text discussed the correlation of language and law.
structure of verdicts in the USA and England. This research shows that the study of forensic
The text form of a verdict in the USA comprises linguistics functions as the study of language in
of the name of verdict, name of the court, date of legal texts. As a result, Saifullah succeeded to
verdict, citation, introduction containing a brief solve trademark and intellectual property
description of the case, name of judges who disputes through semantic analysis. He was also
delivered the verdict, indictment, judicial able to analyze the quashing through pragmatic
opinion, judgment, considerations, and analysis using interrogation transcription
decipherment of each judge opinion. In contrast, records.
the text form of a verdict in England is Stanojevic, Maja (2011), in her article
ambiguous, tautological, using Middle English ò English
ó
words, terms, and occasionally inserting French explained the England legal text that
terms that are not commonly known. encompasses the use of old English, exaggerated
Mattila, Heikki (2006), in his research synonyms, obscured meanings, and long
entitled ò A Characteris
ó sentences in passive form. She then set out some
mentioned characteristics of western legal text of the solutions to make both legal documents
that is accurate, informative, universal, and texts simpler and easier through creating
systematic, formal, solemn, using initials and stylistic markers in certain parts of the texts.
acronyms along with the application of legal These parts are the materials of indictments,
terms. In outlining the accuracy factor of a legal judicial opinion, and verdict.
text, Mattila emphasizes the writing models Williams, Christopher (2004), in his
which are concise, gives meaning and research entitled ò
attestation of the officials. He also emphasizes ã
óillustrated the main
the universal feature that consists of the use of characteristics of England legal texts that
hypothesis, judicial opinion, and metaphor. consist of having long and complex sentences;
Nawaz, Naveed (2013) conducted tautology; using old English and Latin. In
research with a titleòãylistic addition, he pointed out that the England legal
Analysis of A Legal Documentäó The research text is supposed to be changed and follows
problem focuses on identifying stylistic
ï
ä
253 | P a g e
NOVATEUR PUBLICATIONS
JournalNX- A Multidisciplinary Peer Reviewed Journal
ISSN No: 2581 - 4230
VOLUME 6, ISSUE 6, June -2020
important for the public to understand the legal The purposive sampling is intended to
text favorably. show the verdict from all kinds of criminal acts
Witczak, Iwona (2009), in research such as premeditated murder, vandalism,
entitled ò
-Pragmatic Note on humiliation, mistreatment, death due to
Indeterminacy in Legal Languageó defined that negligence, decency, and corruption. These
language in the legal text is a linguistic verdicts represent the elements of tort under
vagueness. Techniques of the vagueness use the category of a criminal act.
codes and semiotics that are dominant in legal From the collected data, the researcher
language. Witczak stated that the legal language selected data using literature review technique.
is purposely vagued in order to be only The literature review is to utilize the written
understood by the users in the field. This is in sources in obtaining data (Subroto, 2007:47).
accordance with the use of esoteric language in The reason for this is that verdicts in a criminal
which specific language is used for certain case, the source of the data, are formed in
purpose i.e., the use of legal language. written texts.
Based on the previous studies either Data are then analyzed based on the
from the language analysis, legal text, or substance of the problem. Data analyses were
terminology, this dissertation has its own conducted by several steps. Verdicts were
distinct approach that lies in the analysis of analyzed using 1) discourse form, 2) language
specific text structure and the use of local style, and 3) speech acts
language variations in the verdict content, Additionally, in examining the language
which basically uses varieties of formal disorder, researcher essentially demands for
language. second opinion. Therefore, nonlinguistic
aspects are conducted and analyzed,
METHODOLOGY: particularly interviewing judges, attorneys,
The research applies qualitative method. legal advisors, law professors, and legal
This research aims to discover an in-depth practitioners.
scientific truth of the research object in order to The results of data analysis are in the
obtain an accurate result (Muhadjir, 1990:60). form of rules identified in the analysis. These
The research was conducted in the state are also related to the research problems
courts of Gorontalo, namely, the state court of including discourse structure, language
Gorontalo City, the state court of Limboto, the variation, speech act, coherence, and cohesion,
state court of Boalemo District, and the state along with the characteristics of legal language
court Pohuwato District. in criminal verdicts. These rules are presented
The research began with data collection. in a narrative with detailed sentences.
Data were collected from verdicts of the state
court of Gorontalo city (IB class), the state court DISCUSSION
of Gorontalo district (IB class), the state court Discourse form on criminal case verdict in
Boalemo District (IIA class), and the state court the state court of Gorontalo:
of Pohuwato district (IIA class). The selection of The discussion of a verdict structure is
the area in both cities and districts, apart from inseparably linked with the special
seeing variations of the language use, is aimed characteristic of legal language. The legal
to have representation for data sources based language tends to have a distinct feature from
on class divisions in each court. ordinary language. This signifies that the legal
language is not only formed by the inherent
254 | P a g e
no reviews yet
Please Login to review.
