Glossary entry (derived from question below)
Indonesian term or phrase:
Bilamana Majelis Hakim pada Mahkamah Konstitusi Republik Indonesia mempunyai...
English translation:
In the event the Panel of Judges of the Constitutional Court of the RI decides otherwise
Indonesian term
Bilamana Majelis Hakim pada Mahkamah Konstitusi Republik Indonesia mempunyai...
Legal experts, please advise how this sentence should be translated according to standards in practice.
URGENT!
Many thanks.
Non-PRO (1): Hikmat Gumilar
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Proposed translations
In the event the Panel of Judges of the Constitutional Court of the RI decides otherwise
The subject in the Indonesian main clause is hidden. However, since this is a petition (probably lodged by the lawyer of a plaintiff), I suggest that the subject be expressly stated in the translation for clearer meaning.
The complete translation of the sentence in question:
In the event the Panel of Judges of the Constitutional Court of the Republic of Indonesia decides otherwise, we hereby request the Panel of Judges to render ex aequo et bono decision(s).
Note: RI in my answer is due to limited space.
Condemning ex aequo et bono decisions . . . discourages adjudicators--and the parties who empower them--from pursuing the fair resolution of disputes when it is most needed: when the law fails to react adequately to the need for justice.
Should the Judicial Panel of Consitutional Court of the Republic of Indonesia decide otherwise
In case the Panel of Judges of the Constitutional Court of the Republic of Indonesia adjudicates ...
In case the Panel of Judges of the Constitutional Court of the Republic of Indonesia adjudicates this petition not in our favour, we hereby appeal the Panel of Judges to deliver ex aequo et bono judgement.
Putusan MK, IMHO, cenderung disebut dengan adjudication karena perkara di MK adalah perselisihan dua pihak atas tafsir konstitusi. Permohonan kepada MK disebut dengan petition.
Frasa kunci di sini adalah keputusan lain. Putusan MK ada tiga:
(a) menolak permohonan
(b) mengabulkan sebagian [besar atau kecil] permohonan
(c) mengabulkan seluruh permohonan.
Yang disukai pemohon adalah (c),yang tidak adalah (a). Maka, putusan lain adalah putusan yang not in our favour, tidak berpihak [sepenuhnya] kepada si pemohon. Karena itulah pemohon meminta ex aequo et bono.
Ref 1: http://www.mpil.de/ww/en/pub/research/details/publications/i...
.... taken by judges chosen by the Parties and ruling either on the basis of the law or ex aequo et bono (Judgment, para. 114).
Ref 2: http://constitutionallyspeaking.co.za/2010/11/16/
... the duty vested in the Courts to interpret the Constitution and to uphold its provisions without fear or favour. If public opinion were to be decisive there would be no need for constitutional adjudication
Ref 3: http://www.sec.gov/Archives/edgar/data/1302362/0000950123090...
On June 19, 2008 the court of original jurisdiction adjudicated in our favor.
Discussion