Glosarium Istilah Kunci dalam Penerjemahan Kontrak Bisnis Internasional Indonesia-Inggris

no	Bahasa Indonesia	Bahasa Inggris	Keterangan
1	Perjanjian ini berlaku	This agreement comes to effect, come into force, enter into effect, be effective, Take Effect, come into effect/ come into force, shall be effective, shall commence	semua frase memiliki arti yang sama, khusus untuk enter into effect digunakan dalam perjanjian internasional
2	Mengalihkan kepemilikan (benda tk bergerak seperti rumah, tanah)	transfer ownership, convey	ketika menggunakan kata "transfer" harus menggunakan "ownership untuk menerangkan "kepemilikan", tetapi jika menggunakan "convey" tidak perlu menggunakan "ownership" karena kata convey sudah memiliki arti "alih kepemilikan"
3	perjanjian ini dapat diubah, diganti, atau dibatalkan	this agreement may be modified, superseded, or voided
4	Indemnity	jaminan ganti rugi	terutama dalam kontrak bisnis yaitu jaminan atas tuntutan pihak ketiga.
5	Dapat membatalkan perjanjian	shall be entitled to cancel the agreement / is entitled to	membatalkan diterjemahkan dengan "cancel"
6	Penandatanganan Perjanjian	Execution of the agreement
7	Force Majeure	Keadaan Memaksa	dapat diterjemahkan "keadaan kahar"
8	Para pihak wajib…	The Parties agree…, are obliged…	tidak harus mengikuti struktur kalimat dalam teks awal dalam penerjemahan
9	Pihak pertama tidak berkewajiban melaksanakan ketentuan Pasal ….	The first party has no obligation/is obliged to comply with the provision of this article ...	tidak harus mengikuti struktur kalimat dalam teks awal dalam penerjemahan
10	Apabila pihak kedua gagal memenuhi ketentuan-ketentuan prasyarat yang tercantum dalam Pasal ….	In the event of/if the second party fails to fulfil/satisfy the conditions president as referred to in article….
11	Para pihak dalam perjanjian ini	The parties to  this agreement
12	Berlaku Surut	Retroactive/retrospective	dalam kalimat "shall be retroactively applicable..."
13	Ditandatangani sebagaimana mestinya	has been duly executed
14	Tanggal berakhir	Completion date, termination date
15	Penyelesaian perselisihan	Accord and satisfaction, Compromise and Settlement
16	Sebagaimana dimaksud dalam perjanjian ini	As contemplated by this agreement, as intended by this agreement
17	Selama masa berlaku kontrak/perjanjian	During the currency of this agreement, during the period of this contract
18	rangkap perjanjian/kontrak	duplicate contract/agreement, copy of contract/agreement
19	Kuasa Hukum	Attorney at law, Duly authorized representative
20	Pemberitahuan Hukum	Due Notice, Notification
21	Bermaterai cukup	Duly duty stamped

Glosarium istilah hukum dari Bahasa Inggris ke dalam bahasa Indonesia

Glosarium  Istilah Hukum
NO.	BAHASA INGGRIS	BAHASA INDONESIA
1	absolute competence	hak absolut
2	Account payable	Utang dagang
3	Account receivable	Piutang dagang
4	acknowledge	mengakui
5	acquit et discharge	membebaskan
6	acta van dading	akta perdamaian
7	actio pauliana = fraudulent conveyance claim	hak untuk menggugat orang yang kita anggap merugikan kita
8	additional/extra/supplementary	tambahan
9	adverse impact	dampak buruk
10	affirm	menegaskan
11	aiding and abetting	membantu tindak pidana
12	all costs/expenses incurred/arising from	segala biaya yang ditimbulkan/muncul
13	allegation	tuduhan
14	amendment of	proses perubahan
15	amendment to	perubahan atas UU No…(sample)
16	Amicable settlement	Penyelesaian secara damai
17	among others/inter alia	antara lain
18	appeal	banding
19	appeal to the Supreme Court	kasasi
20	Appellant	Pemohon
21	Appellee	Termohon
22	appreciation	penghargaan
23	approve	menyetujui
24	arise from/out of	yang timbul
25	arrangement	pengaturan
26	arrangement	pengaturan
27	arrest	penangkapan
28	articles of association	anggaran dasar
29	as follows	sebagai berikut
30	as of	mulai berlaku
31	assault	penyerangan
32	assignor	pemberi pengalihan
33	attorney	pengacara
34	attorney	kuasa
35	baseless/groundless	tidak berdasar
36	battery	penganiayaan
37	be borne by	(biaya) ditanggung oleh
38	be settled amicably	diselesaikan secara damai
39	be subject to	tunduk pada
40	being duly authorized	yang telah diberi kuasa
41	bill	rancangan undang-undang (kalau undang-undangnya menggunakan istilah “Act”)
42	Breach of contract	Wanprestasi
43	break down	rincian (kaitannya dengan anggaran)
44	Brief	Ringkasan
45	by virtue of	berdasarkan
46	cause	menimbulkan
47	cease and desist	menghentikan
48	civil case	perkara perdata
49	civil code	KUH Perdata
50	civil complaint/claim	gugatan perdata
51	Civil procedural code	KUH Acara Perdata
52	Civil review	Peninjauan kembali (PK)
53	claim	konvensi
54	come into effect	berlaku
55	come into force	berlaku
56	Commence	Memulai
57	commercial code	KUH Dagang
58	company	perseroan terbatas
59	Complaint delict	Delik aduan
60	condition precedent	prasyarat
61	confess	mengaku
62	confidentiality and secrecy	kerahasiaan
63	consideration for ...	imbalan
64	constitute	merupakan
65	Construction	Penafsiran
66	controlling	penguasaan
67	cost/expense	biaya
68	counter claim	rekonvensi
69	Criminal code	KUH Pidana
70	Criminal procedural code	KUH Acara Pidana
71	cukup jelas	self explanatory
72	culpability	unsur kesalahan
73	culprit, perpetrator	pelaku
74	culprit/perpetrator	pelaku
75	customary law	hukum kebiasaan
76	dader	pelaku
77	death penalty	hukuman mati
78	deed of (amicable) settlement	akta perdamaian
79	defendant	tergugat
80	defendant	tersangka
81	detention	penahanan
82	detention center	rumah tahanan
83	determined	ditetapkan
84	disclosure	pengungkapan/pemberitahuan umum
85	dispute setlement	penyelesaian sengketa
86	Dissemination	Sosialisasi
87	district court	pengadilan negeri
88	domestic violence	KDRT
89	dossier	berkas perkara
90	draft law	rancangan undang-undang
91	droit de suite	hak sewa melekat di manapun kita berada
92	due and owing	berhutang
93	duration	masa berlaku
94	duty-stamped paper	kertas bermaterai
95	each of the parties/either party	salah satu pihak
96	elucidation	penjelasan
97	enact	menetapkan
98	enter into … (an agreement)	membuat dan menandatangani … (perjanjian)
99	enter into force/enter into effective	berlaku
100	enter into transaction	mengadakan transaksi
101	entry into force	pemberlakuan
102	environmental crime	kejahatan lingkungan
103	essential/important/urgent	penting
104	Evidentiary presumption	pembuktian terbalik
105	ex aequo et bono	keputusan yang seadil-adilnya
106	execute	menandatangani
107	extortion	pemerasan
108	felony	tindak pidana berat
109	file/submit/lodge	mengajukan
110	financial closing	tanggal pencairan utang
111	fisheries crime	kejahatan perikanan
112	fishing expedition	mencari-cari masalah/kesalahan
113	for public cognizance	agar setiap orang mengetahuinya
114	fraud	penipuan
115	general crimes	kriminal umum
116	general policy	kebijakan umum
117	give, devise and bequeath	memberikan/mewariskan
118	goods and chattel	barang bergerak
119	Government regulation in lieu of law	peraturan pemerintah pengganti undang-undang (Perppu)

Terjemahan bahasa Inggris Undang-Undang 43 Tahun 2009 tentang Kearsipan

Ini terjemahan unofficial ya...
hanya sebagian kecil pasal saja, jika ingin full silahkan komen di kolom komentar

Transla on from Indonesi an

LAW OF THE REPUBLIC OF INDONESIA

NUMBER 43 OF 2009

ON

RECORDS AND ARCHIVES ADMINISTRATION

BY THE GRACE OF ALMIGHTY GOD

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering: a. that in order to defend the Unitary Republic of Indonesia and achieve the national goals as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia, records and archives as the national identity and character, as well as the memory, reference, and material for accountability in the life of the community, nation, and state shall be administered and preserved by the state;

b.  that in order to maintain the availability of authentic and reliable records and archives, to ensure the protection of the national interests and the people’s civil rights, and to keep updated records and archives administration systems, it is necessary to establish records and archives administration systems in accordance with the principles, rules, and standards as required by the implementation of a reliable national records and archives administration system;

c.  that in order to face the challenges of globalization and to support the establishment of the state administration and in particular, a good and clean governance, as well as improving the quality of public services, the administration of records and archives in state institutions, local governments, education institutions, companies, political organizations, social organizations, and individuals shall be carried out under a national administration system for records and archives which is comprehensive and integrated;

d.  that the provisions and regulations with regard to records and archives administration are still partial and dispersed in various

laws and regulations, so it is necessary to address this matter comprehensively in a separate law;

e.  that the current national records and archives administration is not integrated, systematic, or comprehensive partly as a result of limited and narrow understanding and interpretation of records and archives among various groups of people, including among the state administrating institutions;

f. that Law No. 7 of 1971 concerning Basic Provisions of Records and Archives Administration needs to be adapted to the current development and needs of the society, nation and state which are affected by global and national development challenges as well as the development of information and communication technology;

g.  that based on the considerations as referred to in letters a through f, it is necessary to adopt the Law of the Republic of Indonesia on Records and Archives Administration;

Observing: Article 5 paragraph (1), Article 20, and Article 28F of the 1945 Constitution of the Republic of Indonesia;

In Joint Approval

OF THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA

and

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

HAVE DECIDED:

To pass: THE LAW ON RECORDS AND ARCHIVES ADMINISTRATION

CHAPTER I

GENERAL PROVISIONS

Article 1

In this Law:

1.     Archives and Records Administration shall mean any matters relating to records and archives.

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2.     Archives/records shall mean records of activities or events in a variety of forms and media in accordance with the development of information and communication technology which are made and received by state institutions, local governments, education institutions, companies, political organizations, social organizations, and individuals as part of the community, nation, and state.

3.     Records (arsip dinamis) shall mean records that are used directly for the activities of the creators of the records and stored for a certain period.

4.     Vital records shall mean records that are basic requirements to continue the operations of the creators of the records, and which are non-renewable and irreplaceable if damaged or lost.

5.     Current records (arsip aktif) shall mean records which are very frequently and continuously used.

6.     Non-current records (arsip inaktif) shall mean records that are less frequently used.

7.     Archives (arsip statis) shall mean archives generated by the creators because they have historical value, have exhausted their retention, and are marked permanent and verified either directly or indirectly by the National Archives of the Republic of Indonesia and / or archival institutions.

8.     Protected records and archives shall mean state records and archives relating to the existence and survival of the nation and the state and the integrity, security, and safety of which need to be protected.

9.     Public records shall mean records which are not included in the category of protected records.

10.  Archivist shall mean a person who has the competence in the records and archives administration acquired through formal education and / or education and training thereon and has the functions, duties, and responsibilities of conducting records and archives administration.

11.  Access to records/archives shall mean the availability of records/archives under legal authority and authorization as well as the availability of facilities to easily retrieve and use the records/archives.

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12.  Archival institution shall mean an institution that has the functions, duties, and responsibilities in managing archives and maintaining development in the administration  of  records and archives.

13.  A state institution shall mean any institution that functions as a branch of the state power namely the executive, legislative, and judicial institutions, and other institutions whose functions and main tasks are related to the state administration in accordance with the provisions of the laws and regulations.

14.  The National Archives of the Republic of Indonesia hereinafter referred to as ANRI shall mean a non-ministerial government institution which carries out the government’s tasks in administering records and archives, located in the state capital.

15.  The Provincial archives  shall mean an archival institution in the form of a line agency that carries out the government’s tasks in administering the provincial government’s records and archives, located in the capital of the province.

16.  Municipalities/Cities archives shall mean an archival institution in the form of a line agency that carries out the government’s tasks in administering the municipalities/city governments’ records and archives, located in the capital of the municipalities/city.

17.  The university archives unit shall mean an archival unit in both state and private universities which performs the function and duty of records and archives administration in the university.

18.  A company shall mean a legal entity which carries out activities with the purpose of gaining profit and is established and / or domiciled in the territory of the Republic of Indonesia.

19.  A record creator shall mean a person or entity that is independent and authorized to perform the functions, duties, and responsibilities in managing records.

20.  A processing unit shall mean a unit under the records creator with the duty and responsibility in processing the production of the records in its organization.

21.  A records unit shall mean a work unit of the records creator with the duty and responsibility to administer records.

22.  Records (Retention) Schedule hereinafter referred to as RRS shall mean a list which contains at least the retention period, types of records, and information on

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the recommendation to decide the type of records to be disposed, re-appraise, or made permanent, for use as a guideline in reducing and salvaging the records.

23.  Records disposal shall mean the activity to reduce the volume of records by transfering non-current records from the processing unit to the records unit, destroying records that have no value, and transferring archives to the archival institutions.

24.  Records and archives administration shall mean all activities including policy, guidance and management of records and archives in a national records and archives system that are supported by human resources, infrastructure and facilities, as well as other resources.

25.  Records management shall mean the process of controlling records efficiently, effectively, and systematically covering the creation, utilization, maintenance and disposition of records.

26.  Archives administration shall mean the process of controlling archives efficiently, effectively, and systematically which includes the acquisition, arrangement and description, preservation, utilization, and public service under a national records and archives system.

27.  Acquisition of archives shall mean the process of adding the collection of archives held in archival institutions by transferring archives and their management rights from the records creators to archival institutions.

28.  National records and archives system, hereinafter referred to as SKN (sistem kearsipan nasional), shall mean a system that establishes sustainable relationships between various components that have specific functions and tasks, interactions between actors and other elements that affect each other in the administration of records and archives at the national level.

29.  The Indonesian Archival Information system, hereinafter referred to as SIKN is the national records and archives information system maintained by ANRI which utilizes the Indonesian archival information network...

30.  The Indonesian Archival Information Network hereinafter referred to as JIKN is a system of network of information and records and archives facilities at the national level which is maintained by ANRI.

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31.  The accession register hereinafter abbreviated as DPA is a list of archives that have historical values which have been directly or indirectly verified by the archival institutions and are sought-after by archival institutions and announced to the public.

CHAPTER II

PURPOSE, OBJECTIVES, PRINCIPLES, AND

SCOPE

Part One

Purpose and Objectives

Article 2

The purpose of this Law is to provide legal certainty in the national administration of records and archives.

Article 3

The objectives of the administration of records and archives are :

a.  to ensure the creation of records and archives from activities carried out by state agencies, local governments, education institutions, companies, political organizations, social organizations, and individuals, as well as by ANRI as the administrator of national records and archives;

b.    to ensure the availability of authentic and reliable records and archives as admissible evidence;

c.   to ensure the realization of reliable management and utilization of records and archives in accordance with the provisions of laws and regulations;

d.   to ensure protection of the interests of the state and the civil rights of the people through the management and utilization of authentic and reliable records and archives;

e.     to galvanize the national administration of records and archives as a comprehensive and integrated system;

f.    to ensure the safety and security of records and archives as evidence of accountability to the society, nation and state;

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g.   to ensure the protection of national assets including economic, social, political, cultural, and defense assets, as well as security assets as the identity of the nation; and

h.   improve the quality of public service in managing and utilizing authentic and reliable records and archives.

Part Two

Principles

Article 4

The administration of records and archives shall be based on the principles of:

a.  legal certainty;

b.  authenticity and trustworthiness;

c.  integrity;

d.  principle of provenance;

e.  principle of original order;

f.  security and safety;

g.  professionalism;

h.  responsiveness;

i.  anticipation;

j.  participation;

k. accountability;

l.  expediency;

m.  accessibility; and

n.  public interest.

Part Three

Scope

Article 5

(1) The scope of the administration of records and archives shall include the establishment of policies, guidances and management of records and archives in a national records and archives system that are supported by human resources,

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infrastructure and facilities, as well as other resources in accordance with the provisions of laws and regulations.

(2) The scope as referred to in paragraph (1) shall include the activities carried out by state agencies, local governments, educational institutions, companies, political organizations, social organizations, and individuals, and archival institutions.

CHAPTER III

ADMINISTRATION OF RECORDS AND ARCHIVES

Part One

General

Article 6

(1)   The national administration of records and archives shall be the responsibility of ANRI as the national administrator of records and archives.

(2)     The administration of records and archives of a province shall be the responsibility of the provincial government and carried out by the provincial archives.

(3)    The administration of records and archives of a municipality / city shall be the responsibility of the municipality / city government and carried out by the municipality / city archives.

(4)    The administration of records and archives of a university shall be the responsibility of the university and carried out by the university archives.

(5)   The responsibilities in the administration of the national records and archives as referred to in paragraph (1) shall include the establishment of policies, development and management of records and archives.

(6)   To enhance the quality of administration of archives at the national level as referred to in paragraph (1), the administrator of the national archives shall conduct research and development as well as providing education and training on administration of records and archives.

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Article 7

The establishment of policies on national records and archives referred to in Article 6, paragraph (5) shall include the areas of:

a.  development;

b.  management of records and archives;

c.  development of SKN and SIKN as well as establishment of JIKN;

d.  organization;

e.  human resources development;

f.  infrastructure and facilities;

g.  preservation and salvation of of records and archives;

h.  dissemination of information of records and archives;

i.  cooperation; and

j.  funding.

Article 8

(1)  Development in the administration of records and archives at the national level as referred to in Article 6 paragraph (5) shall be carried out by the national records and archives towards the records creators at the central and local level, the provincial archives, municipality/city archives, and university archives.

(2)  Development in the administration of records and archives at the provincial level shall be carried out by the provincial archives towards the records creators of the relevant provincial and municipality/city archives.

(3)   Development in the administration of records and archives at municipality/city level shall be carried out by the municipality/city archives  in the relevant municipality/city.

(4)  Development in the administration of records and archives at universities shall be carried out by a work unit and academia in the relevant university.

Article 9

(1)  The management of records and archives as referred to in Article 6 paragraph (5) shall be applied to records and archives.

(2)  The management of records as referred to in paragraph (1) shall include:

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a.  vital records;

b.  current records;

c.  non-current records.

(3)   Management of records as referred to in paragraph (1) shall be the responsibility of the records creator.

(4)  Management of archives as referred to in paragraph (1) shall be the responsibility of the archival institution.

Part Two

Development of SKN, Development of SIKN and Establishment of JIKN

Paragraph 1

Development of SKN

Article 10

(1)     The national archival institution shall be responsible for managing a comprehensive and integrated administration of records and archives through SKN as referred to in Article 7 letter c in order to maintain the authenticity and integrity of the records and archives.

(2)   SKN as referred to in paragraph (1) shall apply to the management of records and archives.

Article 11

SKN as referred to in Article 10 shall have the functions: whereabouts

a.   to identify records and archives which contain relevant information in all archival organizations;

b.  to link records and archives as integrated information; and

c.  to ensure the availability of authentic, complete, and reliable records and archives.

Paragraph 2

Development of SIKN

Article 12

(1) The national archival institution shall develop SIKN as referred to in Article 7 letter c to provide authentic and complete information in its effort to establish records and archives as the back bone in managing the state administration, as a collective

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memory of the nation, and  as the back bone in managing the state administration.

(2) In performing the functions of SIKN, the national archival institution shall establish the JIKN.

Article 13

SIKN as referred to in Article 12 shall have the functions to:

a.  attain records and archives management as the back bone in managing the state administration;

b.  ensure the accountability of managing the state administration;

c.  ensure that the use of information is only by authorized parties; and

d.   ensure the availability of records and archives as the collective memory of the nation.

Paragraph 3

Establishment of JIKN

Article 14

(1) JIKN as referred to in Article 7 letter c shall have the functions to:

a. enhance the access and quality of records and archives services for the community;

b. enhance the benefits from records and archives for the welfare of the people; and

 c. strengthen the community participation in managing records and archives .

(2) JIKN shall be implemented by ANRI as the center of the national network and provincial archives, municipality/city archives, and university archives as part of the network.

Article 15

Further provisions on SKN, SIKN, and JIKN as referred to in Article 10 through Article 14 shall be governed under stipulated of a government regulation.

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Part Three

Records and Archives Organizations

Article 16

(1) Archival organizations consist of records units of the records creator and the archival institution.

(2) A records unit as referred to in paragraph (1) shall be established by any state institutions, local governments, state universities, state-owned enterprises (BUMN), and local government owned enterprises (BUMD).

(3)  Archival institutions as referred to in paragraph (1)consist of:

a. ANRI;

b. provincial archives ;

c. municipality/city archives ; and

d. university archives units .

(4)   Provincial archives are mandatory to be established by the provincial government, the municipality/city archives are mandatory to be established by the municipality/city government, and the university archives units are mandatory to be established by the state universities.

Part Four

Records Units

Article 17

(1)  The records unit of the records creator as referred to in Article 16 paragraph (1) shall function in:

a. managing non-current records of the processing unit in the relevant organization;

b. managing and presenting records as information;

c. destroying and disposing records of the relevant organization;

d. transferring archives by the head of the records creator to an archival institution; and

e. developing and evaluating the administration of records and archives in the relevant organization.

(2)   A records unit of a state institution is positioned under the secretariat of each state institution in accordance with the organizational structure.

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(3) A records unit in a state institution as referred to in paragraph (2) shall function in:

a.  managing inactive records from the processing unit in the relevant organization;

b.  managing and presenting records as information within the framework of SKN and SIKN;;

c.  destroying and disposing records in the relevant organization;

d.  preparing the transfer of archives by the head of the records creator to ANRI; and

e.    supervision and evaluating the administration of records and archives in the relevant organization.

Article 18

(1)   A records unit in a state institution shall be under The Provincial and Minicipality/city unit (work unit) (satuan kerja perangkat daerah) and under the administrator of the local government.

(2)  A records unit as referred to in paragraph (1) shall have the duties:

a.   to manage non-current records from the processing unit in a work unit and under the administrator of local government;

b.   to destroy and dispose records of a work unit and of the administrator of local government;

c.  to prepare the transfer of archives by the work unit and the administrator of local government to local archives institutions; and

d.  to implement supervision and evaluation as part of administering the records and archives of the relevant organization.

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