Performative Speech Acts in the Translation of Indonesian Legal Documents into English

I Made Budiarsa,I Wayan Ana,Ida Ayu Made Puspani,Ida Bagus Putra Yadnya

doi:10.30560/ilr.v3n1p16

Abstract

The aim of this research is to find out speech acts used in legal documents. To discuss the problems of this research, two theories are applied, namely, the translation theory of Newmark completed by the concept of pragmatic (for what purpose, to whom, when and where the legal documents are used), while for speech acts typology, Searle's theory is applied. The data used for this research were taken from 6 (six) legal documents in the form of employment contract, conciliation agreement, lease agreement, sales agreement, lease of resident and business place and lease of villa agreement. Based on the results of the analysis, it was found that from the five specific types of speech acts put forward by Searle and Cruse, only 4 (four) speech acts were found, namely, (1) representative, (2) directive, (3) comisive, and (4) declarative speech acts. While expressive speech act was not found in this research.

Highlights

1.1 Introduce the ProblemSpeech act theory was firstly put forward by Austin (1962) who stated that uttering a particular sentence can be seen as doing an action, in addition to saying the sentence. Cao (2007) stated that words were not just used to convey something, and to do something
From the sentence above the judge did the act of imposing sanction to the defendant and required the defendant to pay for a penalty and if he was unable to pay for the fine, he had to replace it with a confinement sentence for 3 months
What is meant by the symbol here is the unit of speech, whether in the form of one sentence or more, carrying a certain meaning, which in pragmatics is determined on the results of the interpretation of the listener

Summary

Introduction

1.1 Introduce the ProblemSpeech act theory was firstly put forward by Austin (1962) who stated that uttering a particular sentence can be seen as doing an action (act), in addition to saying the sentence. Cao (2007) stated that words were not just used to convey something, and to do something. Cao (2007) stated that words were not just used to convey something, and to do something This speech act theory emerged as a reaction to “descriptive fallacy”, i.e. the view that declarative sentences are always used to describe facts or 'state of affairs', which must be correctly or incorrectly done. You are sentenced to 1 year imprisonment deducted by your period of detention and of Rp. 50 million fine subsidiary 3 (three) months in jail”. This sentence was pronounced by a judge in a court when handing down a sentence to the defendant. From the sentence above the judge did the act of imposing sanction to the defendant and required the defendant to pay for a penalty and if he was unable to pay for the fine, he had to replace it with a confinement sentence for 3 months

Objectives

Methods

Results

Conclusion