A Study of the Translation of English Legal Vocabulary under the Guidance of the Skopos Theory

With the rapid development of society, most of countries around the world are all attaching importance to the construction of the rule of law. Many countries are drawing lessons from each others’ excellent legal achievements. Legal translation is an important branch of translation field and is playing an increasingly essential part in legal changes. With the deepening of China’s rule of law, China’s construction of legal system has stepped into a new phase. A large number of excellent Chinese legal documents are being translated into English, and many laws of Britain and America also have been translated into Chinese. The globalization of law has been an irreversible tendency. With the vigorous development of legal translation, how to correctly translate foreign legal achievements into Chinese has become a very arduous task for translators. The research field of legal translation includes the study of vocabulary, discourse, sentence and so on. The quality of translation of English legal vocabulary is key to deciding the quality of the whole translation of the legal text. Guided by the Skopos theory, which is a well-known theory put forward by German School of translation, the author makes a preliminary study on the translation of English legal vocabulary. By using and analyzing example sentences, the author makes summary about five characteristics of English legal vocabulary: common English vocabulary expressing legal meanings, use of ancient English vocabulary, parallel use of synonyms, use of modal verbs, use of professional terms and legal jargon. On the premise of conforming to the Skopos theory, four strategies of translating English legal vocabulary are summarized by the author according to these characteristics of English legal vocabulary, which are respectively fuzzy processing of English legal vocabulary, giving play to translators’ subjectivity, possessing consciousness of legal texts, correct use of domestication and foreignization. The author stresses the important role of translators’ subjectivity in the translation of English legal vocabulary, the correct use of domestication and foreignization and lastly links characteristics of English legal vocabulary, the Skopos theory and strategies of translation of English legal vocabulary effectively. The study has the certain innovation and reference significance in improving the quality of legal translation.

ON THE AUTHORITY OF TRANSNATIONAL LAW

This research aims to evaluate the contours of the Authority of Transnational Law and its consequences from the globalization of law. At the time when the norm is a source for constitution and legitimacy of power, power is a source for the production and application of the norm. To this end, this text presents the interfaces of the classic precepts of categories such as legitimacy, territory, power and authority related to state normative production, in contrast to national and transnational demands. It was concluded that the Authority that presents itself to Transnational Law influences national Law from the outside, so that the basis of the authority’s support is not based on economic precepts, but on institutional and normative responsiveness to the emerging demands and pretensions. For the development of this research, the inductive method was used, operationalized by the techniques of operational concepts and bibliographic research.

Theory of Law, Jurilinguistics and Legal Language: A common task

This paper sets a clear interdisciplinary boundary of the joint work between the Theory of Law and Jurilinguistics, surrounding the role of legal language. The paper attempts to contemplate the challenges of the globalization of Law in the 21st century, and launches the challenge of the formation of a common place, to be established by political language and legal language, in order to favour the procedural and gradual development of Global Law. Thus, today, in the period of transition between international law and cosmopolitan law, the regulation of global life increasingly demanding of translation professionals. For this reason, when practising legal translation, their contribution is not limited to the transition from language a quo to language ad quem, but to the construction of classes that form a tertium, and it is from this residue of translation processes that it starts to open itself to the possibility of a legal expertise common to everybody starts to open up. Jurilinguistics has the task of collating and systemising these practices, to contribute to the Theory of Law, towards achieving the new scale of the project of modernity, that is, the formation of transnational justice.

THE GLOBALIZATION EFFECT OF LAW AND ECONOMIC ON CYBERCRIME

The globalization of law and the economy has led to developing countries' regulations on investment, trade, services, information technology, and other economic fields approaching developed countries (convergence), as well as the regulation of cyberspace activities that cannot be separated from relations with other countries. Norms of law between nations increasingly play an important role, especially how to regulate all forms of advancement in information technology, communication, and transportation. This is inseparable from the foreign policy that has been woven between nations so far. The regulation of cybercrime in legislation is absolutely necessary. Related to the jurisdiction of this crime which is a global crime, it is necessary to have its own law governing cybercrime, namely cyber law, which also regulates its jurisdiction by including the principle that allows cybercriminals to harm the state even though it is outside the state territory.

MENYIKAPI GLOBALISASI HUKUM TANAH DENGAN KEARIFAN LOKAL

Land given to and owned by people with rights provided by the UUPA is to be used and utilized. The granting and possession of land with these rights will not be meaningful if its use is limited to land as the surface of the earth. The land also has a significant role in the dynamics of development. According to the 1945 Constitution of the Republic of Indonesia NRI, "earth and water are natural resources contained therein controlled by the state and used for the greatest prosperity of the people." This research uses a normative juridical approach that is research based on the rules / according to the law because this research focused on the use of document studies and literature or secondary data. The research specification used is descriptive-analytic, which describes the law of the land in the era of globalization based on local wisdom. The results of the study illustrate that the role of the land ruling state, which used for the prosperity of the people, is regulated under Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA).On the other hand, the globalization of law is nothing more than a legal intervention from developed countries towards developing countries in order to adjust their laws globally. One way to address the problem of globalization of land law is to reaffirm local wisdom. In other words, they are upholding the customary provisions related to land. Example: provisions of customary land. Customary land is communal land that is jointly owned and thus does not need to be certified.Keywords: globalization, land law, local wisdomABSTRAKTanah diberikan kepada dan dipunyai oleh orang dengan hak-hak yang disediakan oleh UUPA, adalah untuk digunakan dan dimanfaatkan. Diberikannya dan dipunyainya tanah dengan hak-hak tersebut tidak akan bermakna, jika penggunaannya terbatas hanya pada tanah sebagai permukaan bumi saja. Tanah juga mempunyai peranan yang besar dalam dinamika pembangunan. Undang-undang Dasar 1945 menjelaskan bahwa “Bumi dan air dan kekayaan alam yang terkandung didalamnya dikuasai oleh negara dan dipergunakan untuk sebesar-besar kemakmuran rakyat.” Penelitian ini menggunakan pendekatan yuridis normatif yaitu penelitian yang didasarkan kepada kaidah-kaidah/menurut hukum, oleh karena penelitian ini dititik-beratkan pada penggunaan studi dokumen dan bahan pustaka atau data sekunder. Spesifikasi penelitian yang digunakan adalah deskriptif analitis yang menggambarkan tentang hukum tanah di era globalisasi berdasarkan kearifan lokal. Hasil penelitian menggambarkan bahwa peran negara penguasa tanah yang digunakan untuk kemakmuran masyarakat diatur berdasarkan Undang-undang No. 5 tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria (UUPA). Disisi lain, globalisasi hukum tak lebih sebagai intervensi hukum dari negara maju terhadap negara berkembang agar menyesuaikan hukumnya secara global. Salah satu cara menyikapi persoalan globalisasi hukum tanah ini adalah dengan menegaskan kembali kearifan lokal. Dengan kata lain, menegakkan kembali ketentuan-ketentuan adat terkait dengan tanah. Misalnya ketentuan tanah ulayat. Tanah ulayat merupakan tanah komunal milik bersama, dengan demikian tidak perlu disertifikatkan.

Reminding State Enterprises (BUMN) Management Using the Principle of ’Business Judgment Rule’: A Preliminary Note

This paper explains that the development of BUMN (state enterprises) as a corporation that carries out social and business missions is facing constitutional juridical problems and facing the challenges of globalization. Factually, at this time legal development cannot be separated from the influence of globalization. Globalization in the economic field has affected various fields of the business sector in the world. This globalization is followed by the globalization of law, which causes substantially various laws and agreements to spread across national borders, which causes the merging of legal principles (especially in the economic sector) from one country to another . For Indonesia, the logical consequence of this development is the demand to harmonize the principles of economic law in Indonesia, with the principles of economic law in the international world. Without harmonization, Indonesia can be ostracized in international business activities, because there is no certainty for legal protection for business and investment activities that are commonly carried out globally. The Constitutional Court in case number 48 / PUU-XI / 2013 and case No. 62 / PUU-X1 / 2013 dated May 22, 2013 decided that management BUMN must use the principle of Business Jugment Rule. In the ruling, it was also stated that state-owned finances were state finances. As a result, this ruling brings legal certainty about the position of finance of BUMN.