gugatan praperadilan

English translation: pretrial lawsuit

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Indonesian term or phrase:gugatan praperadilan
English translation:pretrial lawsuit
Entered by: Catherine Muir

15:09 Oct 19, 2010
Indonesian to English translations [PRO]
Law/Patents - Law (general)
Indonesian term or phrase: gugatan praperadilan
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.
Catherine Muir
Australia
Local time: 15:53
pre-trial suit
Explanation:
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
Selected response from:

Ikram Mahyuddin
Indonesia
Local time: 12:53
Grading 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.
4 KudoZ points were awarded for this answer



Summary of answers provided
4pre-trial appeal
ErichEko ⟹⭐
4Application for Stay of Proceedings
Ian Forbes
4Pre-Trial Motion
Helmy Ismail Sani
3pre-judicature accusation
Graham Benne (X)
3pre-trial suit
Ikram Mahyuddin


  

Answers


9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
pre-judicature accusation


Explanation:
I found this translated document with the phrase in - see web reference below.


    Reference: http://210.57.222.58/go.php?id=gdlhub-gdl-s3-2010-ratmaraerd...
Graham Benne (X)
United Kingdom
Local time: 06:53
Native speaker of: English
PRO pts in category: 4
Notes to answerer
Asker: Thanks very much, Graham. Sounds odd, doesn't it, but also seems absolutely spot-on.

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18 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
pre-trial appeal


Explanation:
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.

ErichEko ⟹⭐
Indonesia
Local time: 12:53
Specializes in field
Native speaker of: Native in IndonesianIndonesian
PRO pts in category: 395
Notes to answerer
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   confidence: Answerer confidence 4/5Answerer confidence 4/5
Application for Stay of Proceedings


Explanation:
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.


    Reference: http://thedaktory.org.nz/news/stay-of-proceedings-applicatio...
Ian Forbes
New Zealand
Local time: 17:53
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 57
Notes to answerer
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   confidence: Answerer confidence 4/5Answerer confidence 4/5
Pre-Trial Motion


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

--------------------------------------------------
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.


    Reference: http://criminal.findlaw.com/crimes/criminal_stages/criminal_...
Helmy Ismail Sani
Indonesia
Local time: 12:53
Native speaker of: Native in IndonesianIndonesian, Native in JavaneseJavanese
PRO pts in category: 12
Notes to answerer
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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13 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
pre-trial suit


Explanation:
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

Ikram Mahyuddin
Indonesia
Local time: 12:53
Works in field
Native speaker of: Native in IndonesianIndonesian
PRO pts in category: 49
Grading 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.
Notes to answerer
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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