The Cultural Aspects of Legal Translation HIANNI LIMMARGA Abstract Translation holds an important role in the living of human

beings, since the communication inter-nations with different languages can be conducted through translation. We can imagine how to communicate and conduct intercultural conversation to increase comprehension and cooperation inter-nations. Translation also helps to circulate ideas, information, knowledge and values from one nation to others. Generally, translation is viewed as a process to transfer the same meaning or message from source language to target language, thus the result must have equivalency with the source language. The differences in linguistic (morfologis, sintaksis, semantis) and cultural aspects are difficult issues in creating qualified translation. Legal translation is a complex issue because it does not only involve the matters of trans-language and terms, but also non-language aspects related to the source language to be translated. Legal text such as contract, deed and other documents not only involve textual comprehension, but also non-textual comprehension. Legal translation is not only talking about trans-language, instead it relates to various non-language aspects. Legal language constitutes part of Indonesian language. As part of national language, such legal language must follow the regulations, rules or principles stipulated in Indonesian language. The vague language will result in uncertainty in understanding the context or material of such legal regulations, which in turn will result in legal uncertainty. In conclusion, legal language holds an important and a strategic role to create legal order in society.

INTRODUCTION Translation and culture constitute two things that are inseparable from each other. The cultural aspects need to take into account in the process of translation, because translating a document is not only transfer a message, but also transfer the culture of the source text (ST) to the target text (TT). A translator is at an important position in the involvement of two languages and two cultures at once. Culture (Soemarno, 1997:1) is related to how to eat, how to dress, customs, language, ceremonies, cultural events up to such things as paintings, sculptures, carvings, buildings and so on which are regarded as culture. In addition, the cultural factors also include the attitude or the public perception of the natural, social environment, life itself, etc.

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Translation is a kind of activity which inevitably involves at least two languages and two cultural traditions." (Toury 1978:200). It implies that, translators are permanently faced with the problem of how to treat the cultural aspects implicit in a source text (ST) and of finding the most appropriate technique of successfully conveying these aspects in the target language (TL). These problems may vary in scope depending on the cultural and linguistic gap between the two (or more) languages concerned (Nida 1964:130). No language can exist unless it is steeped in the context of culture; and no culture can exist which does not have at its center, the structure of natural language. Language, then, is the heart within the body of culture, and it is the interaction between the two that results in the continuation of lifeenergy. In the same way that the surgeon, operating on the heart, cannot neglect the body that surrounds it, so the translator treats the text in isolation from the culture at his peril (Bassnett 1991: 14). There are two types of translations that we often use, i.e. translation through the methods of semantic translation and communicative translation. In semantic translation, a translator emphasizes the use of the term, keyword, or phrase that must be presented in translation. It is typically used by the translator in accordance with "for whom" the translation was made and "for what purpose". In the translation of legal texts, the semantics of legal terms must be translated accurately in order to avoid misinterpretation. In communicative translation, the important factor in translation is the message, without having to translate freely. This is done usually in the translation of brochures, announcements or popular writing. Newmark (1991:10-12) writes of a continuum existing between "semantic" and communicative" translation. Any translation can be "more, or less semanticmore, or less, communicativeeven a particular section or sentence can be treated more communicatively or less semantically." Both seek an "equivalent effect." Zhongying (1994: 97), who prefers literal translation to free translation, writes that, "[i]n China, it is agreed by many that one should translate literally, if possible, or appeal to free translation." While Andrew Chesterman said that the difference mainly between these two methods is that the semantic form adheres more to literal translation while the communicative strategy is more concerned with the overall sense of the text. Semantic Translation - "Semantic translation is closer, more literal; it gives highest priority to the meaning and form of the original, and is appropriate to translations of source texts that have high status, such as religious texts, legal texts, literature, perhaps ministerial speeches." Communicative Translation - "Communicative translation is freer, and gives priority to the effectiveness of the message to be communicated. It focuses on factors such as
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readability and naturalness, and is appropriate to translations of pragmatic texts where the actual form of the original is not closely bound to its intended meaning. These are texts like advertisements, tourist brochures, product descriptions and instructions, manuals." UNTRANSLATABILITY CONCEPT The issue of untranslatability arises when a search of equivalent translated text can not be done properly either in a substantial or functional manner. It is delivered by Catford in his book A Linguistic Theory of Translation that Translation fails or untranslatability occurs when it is impossible to build functionally relevant features of the situation into the contextual meaning of the TL text (1974:94). The untranslatability concept is generally distinguished into untranslatability which is related to linguistic and cultural aspects. Linguistic untranslatability, according to Catford, occurs when there is no lexical or syntactical substitute in the target language for a source language item. For example: hot dog is linguistically untranslatable, because it involves structure that does not exist in Indonesian.

Cultural untranslatability is due to the absence in the target language culture of a relevant situational feature for the source text. For example: - It is common in Indonesia for a child to call older people by mbak/kakak/uni for female or mas/abang/uda for male, e.g. mbak Ajeng or mas Budi. But from the viewpoint of native speakers of English culture, there is no necessity to mention the "sister" or "brother" in front of the name of an older person. The translator will not translate mbak Ajeng or mas Budi with the expression sister Ajeng or brother Budi. - Supper (= the evening meal; meal eaten early in the evening if dinner is near noon, or late in the evening if dinner is at six oclock or later). The eating habits of English society include four types of dining, i.e. breakfast, lunch, dinner, and supper. Meanwhile, the Indonesian people only recognizes three types of meals, i.e. breakfast, lunch, and dinner as an equivalent for each breakfast, lunch, and dinner for English society. Then, how the word supper should be translated into Indonesian? Apparently, until now there is no acceptable equivalent to the term in our language.

This is also confirmed by McGuire (1991:32) who said that linguistic untranslatability is due to differences in the SL and the TL systems, whereas cultural untranslatability is due to the absence in the TL culture a relevant situational feature for the SL text. To date the two factors, i.e. linguistic and culture, dominate the untranslatability in translation. In accordance with the scope of the issue, Nida (1975:68-77) distinguishes 5 (five) types of untranslatability related to the cultural aspects:
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Untranslatability related to ecological culture For example: komodo (Indonesia) The word komodo has no equivalent in English, so it will just be translated as komodo or komodo dragons. Untranslatability related to social culture For example: tedhak sinten (Java) In Javanese culture, the ritual ceremony tedhak sinten is as important as the salvation of birth, marriage or death. The term Tedhak sinten describes an event in a traditional Javanese culture, i.e. a tradition of lowering a child to set foot into the ground. Before setting the foot into the ground, the child will be guided by his/her parents to go over cobekan (pot to make sauce made from clay) contains white and red sticky rice and yellow rice. After that, the child is guided to set foot on the ground. The child will then be inserted into chicken cages, to choose all sorts of toys in the cage. In fact, the British society has no such cultural events, so it also does not accommodate the English vocabulary that describes the event. Therefore, the translation of the word tedhak sinten into English is usually done with the help of footnotes. Untranslatability related to material culture For example: - Steamed ginger fish served with egg-fried rice. - The Vietnamese government said it will reduce its rice export by about 25 percent this year. The word rice in English is corresponded with several different meanings in the Indonesian language, such as padi, gabah, beras, nasi, etc. Thus, the translation of rice into the Indonesian language can lead to a different understanding with the original meaning in the source language. Untranslatability related to religious culture For example: syawalan (= a traditional celebration held in the five-day period after Idul Fitri, a special day for most people in Central Java) The word syawalan has no equivalent in English, thus the translation into the English language can be done with the use of footnotes. Untranslatability related to linguistic culture There are some words in English that seem plural, but in fact it is singular. For example: Physics (This means physical sciences) People often make mistakes by interpreting "physics" as "sport". As we all know, sport in the English language is "physical exercise". Things like this often make the reader / listener subtitles are having trouble understanding the text containing the words with plural references.

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Considering that the untranslatability relating to cultural aspects contains a high and specific complexity, a translator is required to have an understanding, awareness, and high accuracy of the culture of the society of both source and target languages in translation activity.
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Obviously, a translator must have not only bilingual ability but also the ability of bi-lingual vision. The translator mediates between cultures and tries to overcome the incompatibilities that existed in the way of the transfer of meaning. TRANSLATING LEGAL TEXT In translating legal texts, on the one hand, a translator is required to be faithful to the source text (fidelity to the source text), but on the other hand, he also must have expertise in translating the SL that has nothing equivalent (untranslatability) against the TL. The result of TL must remain accurate as it pertains to the applied legal system. Translators of legal texts should wherever possible maintain the semantic congruity, style and registers and must have the skills to manipulate the target language to make it sound reasonable but has a good accuracy in terms of legal as well as linguistic aspects. Due to the various unique complexities and it contains extensive language-specific terminology, legal language is difficult to understand by layman. Therefore, the legal translator must have a broad knowledge of legal terms of SL and TL, and the language used must be appropriate. "We lawyers cannot write plain English. We use eight words to say what could be said in two. We use old, arcane phrases to express commonplace ideas. Seeking to be precise, we become redundant. Seeking to be cautious, we become verbose. Our sentences twist on, phrase within clause, clause within clause, glazing the eyes and numbing the minds of our readers. The result is a writing style that has, according to one critic, four outstanding characteristics. It is: (1) wordy, (2) unclear, (3) pompous and (4) dull". Richard C. Wydick, PLAIN ENGLISH FOR LAWYERS If legal language confusing the public, they will certainly be harmed when they are bound and burdened with the obligation to comply with a legal document produced (Murniah 2007). Because it is intended to be used and informed to the public at large, the translation into TL should be done well and correctly. Therefore, in legal translation, the cultural aspects should be selectively applied by considering the possible differences between the languages of communication and the legal system as the framework of communication. Legal translation such as contracts or agreements that is made in two language versions is equally authentic and legally binding. In the translation of legal text, a translator can do the idiomatic translation to find the equivalent for term available in TL. However, those efforts can be an obstacle if the two languages involved have a different social and culture backgrounds.

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For example: 1. Bar examination (an examination conducted at regular intervals to determine whether a candidate is qualified to practice law in a given jurisdiction) that can not be translated idiomatically into the Indonesian language. This term requires explanation in translation with the use of footnotes.
2. Willful and wanton conduct ("a course of action which shows an actual or deliberate

intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property) is translated into Indonesian as "perbuatan ceroboh". Actually, the meaning is much broader than simply "perbuatan ceroboh", but a translator is required to translate the legal term appropriately in the event of untranslatability. Nida says "... the problem of how to treat the cultural aspects implicit in a source text (ST) and of finding the most appropriate technique of successfully conveying these aspects in the target language (TL)." 3. There are also legal terms in English that actually can not be translated literally as translated in the Indonesian language because it still requires an explanation if the translator wants his translation results can be understood by readers. For example: a. Yellow-dog contract (agreement the between an employer an employee stated that the employee should agree not to be a member of a labor union. As a note, In the U.S. the yellow-dog clause was used to prevent employees forming unions). In http://kateglo.bahtera.org, yellow-dog contract is translated as kontrak anjing kuning. Can the translations transfer the message contained in the SL? No. In such cases, the translator must provide information detailing what is mean by kontrak anjing kuning.
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Ship's Husband (an agent appointed by the owner of a ship, and invested with authority to the make the requisite repairs, and attend to the management, equipment, and other concerns of the ship he is usually authorized to act as the general agent of the owners). In this case, the translator can not translate the "ship's husband" as suami kapal. The closest word to describe will be "inspektur kapal", or some translators prefer not to translate it and keep the SL in italic text.

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EXAMPLES OF LEGAL TRANSLATION Here are some examples of legal text translation: If arbitrator dies, becomes incapacitated or withdraws during course of review of dispute, an alternate arbitrator will be appointed in manner applicable to appointment of the said arbitrator. Apabila arbiter meninggal dunia, tidak mampu atau mengundurkan diri selama pemeriksaan sengketa berlangsung, arbiter pengganti akan diangkat dengan cara yang berlaku untuk pengangkatan arbiter yang bersangkutan.

Collective Labor Agreement means an agreement which takes form of results of negotiations between one or more employee/laborer unions registered with instrumentalities responsible over labor relations sector and one or more entrepreneurs of group of entrepreneurs which contains conditions of work, rights and obligations of both parties. Perjanjian Kerja Bersama berarti perjanjian yang merupakan hasil perundingan antara satu atau lebih serikat pekerja/buruh yang tercatat pada instansi yang bertanggung jawab atas bidang ketenagakerjaan dan beberapa pengusaha atau perkumpulan pengusaha yang terdiri dari syarat-syarat kerja, hak dan kewajiban dari kedua belah pihak.

Provincial Regional House of Peoples Representatives consists of members of political parties participating in general elections based on results of general elections with total members of Provincial Regional House of Peoples Representatives not less than 35 and not more than 100 members. Dewan Perwakilan Rakyat Daerah (DPRD) Provinsi terdiri dari anggota partai politik yang berpartisipasi dalam pemilihan umum berdasarkan hasil pemilihan umum dengan jumlah anggota DPRD Provinsi sekurang-kurangnya 35 dan sebanyak-banyaknya 100 orang anggota.

STRATEGIES AND TECHNIQUES OF TRANSLATION Translators, either consciously or unconsciously, should always use linguistic theory (Catford 1965: 1). A competent translator should be able to overcome the difficulties in translation that result from cultural differences, sentence structure, ambiguity, or vagueness by implementing various strategies or techniques that are appropriate and effective, such as modulation technique, transposition, paraphrase, description, additional explanations and others. One of the most "scary" things in the translation of legal texts in general is that the legal
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text is laden with legal terms (legal terms of art) that has a meaning tied to the laws in force in certain countries and should be translated with prudence caution in order to not cause misinterpretation in translation. To overcome these difficulties, a translator must be able to use the right approach in transferring a phrase, for example by way of domesticating or foreignizing. In general, the translator should prioritize the functional equivalent (domesticating-translation technique by presenting the values of the target language) in the transfer of phrase to provide equivalent term that is easily understandable by the target text reader, especially for a term which when translated literally into the target language will not provide a description to the meaning of the term. The target text reader must always understand that the equivalent of a given term should be interpreted in accordance with applicable law or culture in the source language. For example: Source Text: The Tax Return must be submitted to the Internal Revenue Service by the tenth this month. Target Text (translation): Pengembalian Pajak harus diserahkan pada Pelayanan Pendapatan Dalam selambatlambatnya tanggal sepuluh bulan ini. The translation sounds unnatural and is not easily understandable to the reader of the target language, because it was translated literally. The above translation can be confusing the readers because the translator did not translate these terms of the names of certain institutions with a concept that can be understood by the target text reader. Translation can be corrected into the following: Surat Pemberitahuan Pajak Tahunan (Tax Return) harus diserahkan kepada Kantor Pelayanan Pajak (Internal Revenue Service) selambat-lambatnya tanggal 10 bulan ini. Translation of the second version is certainly more easily to be understood by the reader although the form of a form or departments in charge of Internal Revenue Service in Indonesia may be different from those in America. The reader of a translation of legal texts must always remember that the equivalent is for convenience only and legal construction of a term is governed by the laws applicable in the country that uses the source language. Therefore, the translator of legal texts should have a broad knowledge of functional equivalent for certain terms and concepts contained in these terms to determine the appropriate equivalent.

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CONCLUSION According to Benny H. Hoed (2006), we should know that in this world there are no two equal languages or two same cultures. Every language and culture has its own language and cultural system that is "sui generis" (constituting a class of its own; unique) and principles. However, legal language constitutes part of Indonesian language. As part of national language, such legal language must follow the regulations, rules or principles stipulated in Indonesian language. The vague language will result in uncertainty in understanding the context or material of such legal regulations, which in turn will result in legal uncertainty. Thus, legal language holds an important and a strategic role to create legal order in society.

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REFERENCES Bassnett-McGuire, Susan. 1980. Translation Studies. London & New York. Catford, J.C. 1965. A Linguistic Theory of Translation. London: Oxford University Press. Chesterman, Andrew. Retrieved at http://www.helsinki.fi/~chesterm/2000bTypes.html Depari, Obat Mikael, Drs., M. Hum. Kendala Budaya Dalam Penerjemahan. Retrieved at http://www.widyamandala.ac.id Halim, Evand, M. Hum, Penerjemahan Teks Hukum. Hoed, Benny Hoedoro, Prof. Dr. (2006). Penerjemahan dan Kebudayaan. Jakarta: Pustaka Jaya. Lubis, Syahron. The Untranslatability of Texts: Highliting Some Basic Contrasts Between English and Indonesian. Murniah. 2007. Bahasa Hukum Rumit dan Membingungkan. Wawasan, 30 November. Nababan, PhD. (2008). Penerjemahan dan Budaya. Retrieved http://www.proz.com/translation-articles/articles/2074/1/Penerjemahan-dan-Budaya. Newmark, P. (1988). A Textbook of Translation. London: Prentice Hall. Nida, E. 1964. Principles of Correspondence. In Venuti, L. The Translation Studies Reader. London: Routledge. Nida, E.A. and C. R. Taber (1969) The Theory and Practice of Translation. Leiden: E.J. Brill. Ordudari, Mahmoud (July 2007). Translation Procedures, Strategies and Methods. Retrieved at www.translationjournal.net. Sriro, Andrew I. Sriros Desk Reference of Indonesian Law. Jakarta: Equinox Publishing (Asia) Pte. Ltd. Wydick, Richard C. (1979). Plain English for Lawyers. Carolina Academic Press. at

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