Forensic Linguistics: The Pattern of the Trial of the Lawsuit for the

Law on Information and Electronic Transactions

Ernawati Br Surbakti

1,2

, Tengku Silvana Sinar

, Eddy Setia

, Suriyadi

Doctoral Program in Linguistics, Faculty of Cultural Studies, Universitas Sumatera Utara, Medan, Indonesia

Politeknik Negeri Lhokseumawe, Aceh, Indonesia

Politeknik Negeri Medan, Medan, Indonesia

Keywords: Forensic Linguistics, Court Trial.

Abstract: The purpose of this study is to analyze the pattern of the trial of the lawsuit for the Law on Information and

Electronic Transactions. The Qualitative descriptive research method involves four aspects in the language

of the forensic decision of the Law on Information and Electronic Transactions. The findings of the research

pattern of the lawsuit of the Law on Information and Electronic Transactions are denial of 41.08%. Denial

illustrates that the court proceedings describe textual voices as something odd, rejection, and opposite. The

judges of the Constitutional Court of the Republic of Indonesia position, adjust, and negotiate the power of

the propositions and their respective statements in deciding the lawsuit of the Information and Electronic

Transaction Law.

1 INTRODUCTION

The face of the court must be judged based on three

criteria; effectiveness, efficiency, and of course

honesty (Susanto, 2005). The criteria for the court

will run if the problem or regarding the

incomprehension of meaning in the court is not

prolonged. Interaction or process in the court

proceedings involves judges, applicants, experts

from the applicant and the government, government

and DPR (people's consideration council). Article

Information and Electronic Transaction Law sued in

case of No. 20/PUU-XIV/ 2016 article 5 paragraph

(1), (2), and article 44 letter b.

The legal language in the lawsuit of the Law on

Information and Electronic Transactions is an

evaluative language which is reviewed with

engagement appraisals. This perspective is more

specifically related to evaluative language, attitudes,

and emotions with a set of sources that explicitly

position proposals and text propositions contained in

the lawsuit of the Law on Information and

Electronic Transactions in case No. 20/PUU-

XIV/2016 interpersonally.

In connection with the case of the alleged

occurrence of malicious agreement and profiteering

of the name of the president and vice president in the

contract extension of PT. Freeport Indonesia

involving the applicant. So, the applicant sued

several articles in the Information and Electronic

Transaction Law to the Constitutional Court of the

Republic of Indonesia. Because of the lawsuit, the

lawsuit process of the Information and Electronic

Transaction Act became feasible to be studied for

forensic linguistics. Pattern in this study (1)

arrangement or arrangement of elements of

systematic language according to order in language;

(2) the language system as a whole; (3) subsystems

in language (Kridalaksana, 2008). The pattern in

court proceedings is the composition of elements

related to the Appraisal system. The system in court

proceedings concerns the area of meaning that refers

to engagement. Martin and White (2005) describe an

appraisal framework consisting of three subsystems

that operate in parallel.

Bachari (2017) writes articles on language policy

for criminal cases in Indonesia. In his article Bachari

said the language policy in the context of criminal

case investigation is an important thing that sustains

the realization of a just and prosperous society.

Research on language policy in the criminal

investigation process has important values to be

revealed and recommended. The research data is

secondary data in the form of legal documents,

reference books and academic works in the field of

Br Surbakti, E., Sinar, T., Setia, E. and Suriyadi, .

Forensic Linguistics: The Pattern of the Trial of the Lawsuit for the Law on Information and Electronic Transactions.

DOI: 10.5220/0009898700002480

In Proceedings of the International Conference on Natural Resources and Sustainable Development (ICNRSD 2018), pages 123-127

ISBN: 978-989-758-543-2

123

language and law. The findings of the study indicate

that there are various problems that arise due to the

absence of language policies that can be referred to

at each stage of the criminal case investigation

process. The results of the research discussion

indicate that the language policy in the criminal case

investigation process is needed to establish 3 (three)

language functions in the investigation, they are (1)

administration, (2) legal interpretation, and (3)

scholarship. Bachari's research contribution to this

research is in terms of the discussion of language

policy research as a function of language in legal

interpretation. The difference of this study with

Bachari's research is in the application of theories to

discuss research problems. The equation of this

study with Bachari's research is that in the

interpretation of legal language and the object of

research both use the object of legal documents.

From the description above, this research is

limited to the pattern of the trial of the lawsuit of the

Law and Electronic Transactions on the perspective

of the engagement of Functional Systemic Linguistic

theory. The court session consisted of eight hearings

with two panel hearings and six plenary sessions

until the reading of the lawsuit.

2 LITERATURE REVIEW

2.1 Forensic Linguistics

The main concerns of forensic linguistics are (1)

language from legal documents, (2) language from

the police and the law enforcement, (3) interviews

with the children and vulnerable witnesses in the

legal system, (4) interaction in the court room, (5)

linguistic evidence and expert testimony in the trial,

(6) authorship and plagiarism, and (7) forensic

phonetics and speaker identification (Coulthard,

2007).

Maschi and his colleagues refer to this

interdisciplinary, multidisciplinary and multicultural

forensic work as "collaborative forensic social

work," is an integrated approach, involving

generalists, specialists and "collectivists". This way

is not only cover a narrow group of victims and

perpetrators involved in crime events, but also all

relevant parties: anthropologists, sociologists,

linguists, and others (Maschi, et al., 2009). This is

because forensic work will deal with different

individuals, or communities that are influenced by

different social environments and legal issues.

Forensic Linguistics is the science that deals with

the application of linguistic knowledge and

techniques to the facts of language contained in legal

cases, personal feuds between certain parties which

later lead to the taking of certain legal actions

(Olsson, 2008). The language facts are any

'document' (text) in the broad sense of both oral or

written content in legal cases: letters, books, essays,

diaries, contracts, doctor's letters, articles, theses,

even parking paper (Olsson, 2008). In the forensic

linguistics knowledge and linguistic techniques are

applied to study linguistic phenomena related to

legal cases or case examinations; or personal

disputes between several parties which in the next

stage have an impact on taking legal action (Olsson,

2008). Forensic linguistics is defined as the

application of linguistics in a particular social

domain, that is the domain of law (Olsson, 2008).

2.2 Appraisal

Early appraisal began at the end of 1990s. Initially

this system consisted of five main categories, they

are modality, appreciation, affect, consideration, and

amplification. Modalities consist of capitalalization

and modulation. Appreciation consists of reaction,

composition, and evaluation. Affect includes

happiness, security, and satisfaction. Consideration

has subcategories of social sanctions and social

rewards. Meanwhile, amplification has a

subcategory of enrichment and strengthening, each

of which consists of several more subcategories. The

latest development, the appraisal system is divided

into three, they are engagement, attitude and

graduation. Attitudes related to the values used by

speakers/writers evaluate human behavior and

objects and associate emotional/intellectual

responses to participants and processes. "Attitudes

relate to evaluating something, the nature of a person

and feelings" (Martin, 2003).

Apraisal is a system of interpersonal meanings

(Martin, 2007). Appraisal is an approach to explore,

describe, and explain the way language is used to

evaluate, use standpoints, build textual personalities,

and regulate interpersonal positioning and

relationships (Martin, 2005).

The terminology of Engagemen is related to the

speaker’s/author’s positioning in their language.

Engagement uses language resources to place the

speaker’s/author’s opinion related to the proposition

and proposal contained in a language or text (Martin

& White 2005). This system is related to who

makes the evaluation in the text. There may be

one or a number of opinions in a text i.e. the

speaker’s/author’s opinion. The participation

consists of monogloss and heterogloss. Monogloss

ICNRSD 2018 - International Conference on Natural Resources and Sustainable Development

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indicates that it does not use or refer to other

person’s opinion. The terminology of Engagement is

traditionally labelled as modality, polarity,

evidentiality, intensification, attribution, concensus,

consequence (Martin, 2005).

3 RESEARCH METHODS

Descriptive methods have properties and

characteristics that are considered suitable to use in

the discussion of forensic linguistics. The giving of

grammatical and semantic categories of evaluative

language is done through testing patterns, meanings,

and their relationship with the elements of language

obtained, especially from the data on language use in

the court cases of No. 20/PUU-XIV/2016. The data

of this study is the text transcription of the court case

suit No. 20/PUU-XIV/2016 concerning Information

and Electronic Transactions which is submitted by

SN a member of the DPR-RI (people's consideration

council-Republic of Indonesia).

The data analysis process is analyzed from the all

available data, it is from the court transcription. To

answer the problem formulation, the data analysis of

this research refers to the opinion of Miles, M.B.,

Huberman, A.M. and Saldana, J. (2014). Data

collection and analysis model are using interactive

models. Data analysis consists of three inter-related

processes, they are (1) sorting data (data

condensation) text of the ITE Law, court

proceedings, and decision of No. 20/PUU-

XIV/2016, (2) data presentation (data display), (3)

draw a conclusion or verification (conclusion

drawing and verification).

The methods in forensic linguistics involve four

aspects. First, an analysis of the series of words used

in communicating. This analysis involves voice,

words, grammar, discourse and their interactions in

certain social contexts. Second, an analysis of the

meanings that may exist in these linguistic forms.

The third aspect, is the measurement of language

skills of the participants. Fourth, is the aspect of the

context in which the communication event occurred.

Some aspects that are closely related to the

presentation of linguistic evidence include:

graphophonology, transcription, lexical,

morphology, syntax, discourse, and sociolinguistics

(Gibbons, 2007). In this study the linguistic evidence

used is lexical in the context of law.

4 DISCUSSION

The pattern of the trial of the Law on Information

and Electronic Transactions uses language resources

to position the votes of the judge and the applicant

relating to the propositions and proposals presented

by the language in the court session. The orientation

of the pattern of court proceedings refers to the

meaning in dialoq between the judge, the applicant,

the witness and the explanation of the reading of the

petition from the applicant. The pattern of court case

of No. 20/PUU-XIV/2016 is illustrated in Table 1.

From the results of the recapitulation of the

lawsuit pattern above illustrates the lexical tendency

in the court proceedings were dominated by

extravocalization and intravocalization elements.

The pattern of court proceedings is dominated by

denial of 41.08%. This amount of domination

illustrates that the court proceedings explain textual

voices positioning as something odd, rejection, and

opposite. The high percentage of denial compared to

other elements illustrates that speakers in the court

session positioned themselves as opposing positions

Table 1. The patterns of the Trial of the Lawsuit on ITE

Trial

Court

(TL)

Engagement

Total

Heteroglos

Extra

vocalization

Intravocalization

Assimilation Denial Proclamation Modalit

Sensor

TL I 9,21% 5,43% 4,16% 5,97% 8,10% 6,47%

TL II 1,89% 1,22% 5,83% 0,64% 0% 1,31%

TL III 16,54% 8,83% 24,16% 10,93% 10,93% 11,77%

TL IV 20,70% 12,63% 10,83% 12,95% 11,71% 14,48%

TL V 16,91% 19,42% 4,16% 19,39% 13,51% 18,08%

TL VI 12,62% 19,36% 5,83% 17,09% 10,81% 17,10%

TL VII 14,14% 29,00% 12,5% 29,13% 31,53% 24,86%

TL VIII 7,95% 4,07% 32,5% 3,86% 6,30% 5,88%

Total 22,10% 41,08% 3,34% 30,36% 3,09% 100%

Forensic Linguistics: The Pattern of the Trial of the Lawsuit for the Law on Information and Electronic Transactions

125

or rejection of several articles in the Information and

Electronic Transaction law. This is because the

applicant feels that his rights are impaired and

indirectly illustrates from the court proceedings that

the Law on Information and Electronic Transactions

is accepted in part.

The pattern of the court session consists of (1)

lexical denial, belum ‘not yet’, bukan ‘not’ kecuali

‘except’, namun ‘however’, ngak ‘no’, tanpa

‘without’, tapi ‘but’, tidak ‘don’t’, it is not to realize

the rejection and resistance of the applicant. (2)

Modalities with lexists akan ‘will’, bisa ‘shall’,

boleh ‘may’, dapat ‘can’, dibolehkan ‘be

permitted’, ingin ‘wish’, mungkin ‘perhaps’, wajib

‘obligatory’ to realize attitudes, views,

considerations, opinions and desires (3) assimilation

with the lexist bahwa ‘that’, berdasarkan ‘based on’,

menambahkan ‘adding’, menggambarkan

‘describing’, mengatakan ‘saying’, menjelaskan

‘explaining’, menurut ‘according’ to realizing the

reference as a basis. (4) The lexical proclamation

states to present a proposition, determine opposition

to the situation, or set an alternative position. (5)

Sensory with lexical dilihat ‘views’, lihat ‘seeing’,

melihat ‘seeing’ realizing basic and views.

(1) Oleh karena itu, general principle of law

maupun Mulyatno menyatakan dengan tegas di

dalam bukunya bahwa sebetulnnya tidak ada

perbedaan asasi antara perbuatan persiapan

atau forbereading dan of puringhandeling atau

permulaan pelaksanaan.

(engagement>heteroglos>intravocalization>

closed>proclamation)

(engagement>heterogloss>extravocalization>

assimilation)

(engagement>heteroglos>intravocalization>

closed>denial)

(Therefore, the general principle of law and

Mulyatno expressly stated in his book that there is

actually no fundamental difference between the act

of preparation or

forbereading and of

puringhandeling or the beginning of

implementation.)

The lexist menyatakan ‘states’ in the example

above presents a proposition, determines the

contradiction with the situation or arranges an

alternative position to convey information in

conveying the applicant's human rights and the

definition of malicious agreement alleged to the

applicant.

(2) Bahwa UU ITE tidak menjelaskan apa yang

dimaksud dengan perbuatan alat bukti yang sah

tetapi pasal 5 ayat 2 UU ITE memberikan

petunjuk penting mengenai perluasan ini yaitu

perluasan tersebut harus sesuai dengan hukum

acara yang berlaku di Indonesia.

(engagement>heteroglos>extravocalization>

assimilation)

(engagement>heteroglos>intravocalization>

closed>denial)

(engagement>heteroglos>extravocalization>

assimilation)

(engagement>heteroglos>intravocalization>

closed>denial)

(engagement>heteroglos>intravocalization>

open>modality)

(Whereas the ITE Law does not explain what is

meant by an act of legitimate evidence but Article 5

paragraph 2 of the ITE Law provides important

clues regarding this expansion, the expansion must

be in accordance with the applicable procedural law

in Indonesia).

The lexist of bahwa ‘that’ and menjelaskan

‘explain’ are position of the DPR (people's

consideration council) which represents propositions

as the basis for external sound subjectivity. The

leksis of tidak ‘does not’ and tetapi ‘but’ are

positions the DPR as a refusal of several opposing

positions on the Information and Electronic

Transaction Law. The leksis of harus ‘must’ is

position the opinion of the DPR at a high level

(must) to be in accordance with the applicable

procedural law in Indonesia.

5 CONCLUSION

The pattern of court proceedings is dominated by

denial of 41.08%. The amount of domination

illustrates that the court proceedings explain textual

voices positioning as something odd, rejection, and

opposite. The high percentage of denial compared to

other positions illustrates that speakers in the

courtroom position themselves as an opposing

position or rejection of several articles in the

Information and Electronic Transaction Law. The

judge positions himself as a textual voice that

describes propositions. Positioning in court

proceedings consists of denial, modality,

assimilation, proclamation and senses.

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Bandung.

Data source:

The Case panel session of No.20/PUU-XIV/2016 Testing

Law No. 11 of 2008 concerning Information and

Electronic Transactions on Wednesday, February 24,

2016.

The Case panel session of No.20/PUU-XIV/2016 Testing

Law No. 11 of 2008 concerning Information and

Electronic Transactions on Tuesday, March 8, 2016.

The Plenary Session on case No.20/PUU-XIV/2016

Testing Law No. 11 of 2008 concerning Information

and Electronic Transactions Monday, April 11, 2016.

The Plenary Session Case No.20/PUU-XIV/2016 Testing

Law No. 11 of 2008 concerning Information and

Electronic Transactions (part one) on Wednesday,

April 20, 2016.

The Plenary Session on case No.20/PUU-XIV/2016

Testing Law No. 11 of 2008 concerning Information

and Electronic Transactions (part two) on Wednesday,

April 20, 2016.

The Plenary Session on case No.20/PUU-XIV/2016

Testing Law No. 11 of 2008 concerning Information

and Electronic Transactions Tuesday, May 3, 2016.

The Plenary Session on case No.20/PUU-XIV/2016

Testing Law No. 11 of 2008 concerning Information

and Electronic Transactions Thursday, May 19, 2016

The Plenary Session on case No.20/PUU-XIV/2016

Testing Law No. 11 of 2008 concerning Information

and Electronic Transactions Wednesday, September

07, 2016

Forensic Linguistics: The Pattern of the Trial of the Lawsuit for the Law on Information and Electronic Transactions

127