Glossary entry

Indonesian term or phrase:

gugatan praperadilan

English translation:

pretrial lawsuit

Added to glossary by Catherine Muir
Oct 19, 2010 15:09
13 yrs ago
15 viewers *
Indonesian term

gugatan praperadilan

Indonesian to English Law/Patents Law (general)
Please help with legal terminology to translate 'gugatan praperadilan' in the specific context of the following sentence: 'Terhadap SP3 ini Mabes Polri mempersilakan pihak terkait (pelapor) melayangkan gugatan praperadilan, jika merasa tidak puas dengan keputusan itu.' I believe it could be 'pretrial motion', but have also seen 'pretrial lawsuit', which doesn't sound right.

Proposed translations

13 hrs
Selected

pre-trial suit

Pennsylvania Bar Institute Seminar that addresses the stages of a medical malpractice case from pre-trial suit evaluation through opening statements. ...
www.trc-law.com/seminars/index.html - Tembolok - Mirip

0 May 2010 ... About Susno`s detention itself, his lawyers` team was now preparing to file a pre-trial suit against the police`s action on account of ...
www.antaranews.com/.../whistle-blower-susno-duaji-named-sus... - Tembolok
Note from asker:
Yes, this is correct. More precisely, 'pretrial lawsuit', which was what I had suggested in my question (see above). The link you posted led me to another, i.e., http://www.thejakartapost.com/news/2010/07/05/susno-files-pretrial-lawsuit-against-police.html in which the term used is 'pretrail lawsuit'. I will select your answer as the most helpful, once the 24 hours has passed. Thanks again for confirming that I was on the right track.
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4 KudoZ points awarded for this answer. Comment: "or rather, 'pretrial lawsuit', a rather unique aspect of Indonesian law, which allows a party to sue the police because they failed to bring charges against someone."
9 mins

pre-judicature accusation

I found this translated document with the phrase in - see web reference below.
Note from asker:
Thanks very much, Graham. Sounds odd, doesn't it, but also seems absolutely spot-on.
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18 mins

pre-trial appeal

Appealing to a court of law to overturn police action.



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Note added at 20 mins (2010-10-19 15:30:25 GMT)
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Sample sentence:

http://www.xs4all.nl/~peace/pubeng/pdm/ps.html
JAKARTA (AJInews 31/3/98): As many had suspected, the pre-trial appeal of six of the accused in the case of those arrest at the "Indonesia Congress" was rejected by the judges at the North Jakarta high court. At the session held this morning (31/3), the judges unanimously rejected all of the accused's requests. As a result the accused remain detained at Polda Metro Jakarta.
Note from asker:
Thank you Erich. This doesn't work because there have been no charges laid, i.e., no one has been accused. The lawsuit will be against the police. I really appreciate your help.
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8 hrs

Application for Stay of Proceedings

This is the term they use in New Zealand and in countries with a British legal system. This may be the case in Australia also.
Note from asker:
Thanks, Ian. I don't think there is any corollary in common law, i.e., the law of the US, UK, NZ, AUS, etc. In this instance, the option is to sue the police because they have dropped an investigation. I think this must be unique to civil law, i.e, law based on the Napoleanic code, such as the Dutch>Indonesian, French etc.
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5 hrs

Pre-Trial Motion

I found the term along with its definition in the reference below.

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Note added at 10 hrs (2010-10-20 01:31:50 GMT)
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Dear Muir, FYI, SP3 in Indonesia is applied to criminal proceedings not civil ones.
http://antikorupsi.org/indo/content/view/14172/6/
I think the translation depends on which system of law you will use. Both Australia and US use Anglo-saxon law, while Indonesia apply Mixed Law System in which Civil law is dominant. IMHO, the term can be used in Australian as well as Indonesian context.
Note from asker:
Thanks, Helmy. I'm not sure this fits in civil law. The citation relates to US law, which is a different system. As there has been no charge, I don't think it fits in this context. I'm still not sure.
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