Assemblies of Law 29 of 2004 on Medical Practice Association petitioned the Association of Junior Independent Dentistry (ASTAGIRI) and Hamdani Prayogo entering the fourth session on Wednesday (27/6). This time the trial court hearing expert from the Petitioner and the Government. Professor of Literature from Gadjah Mada University, Siti Chamamah Soeratno testify as an expert present petition in the court headed by Judge Constitution, Harjono. Chamamah examine the use of the language used in the article pleaded applicant to be tested.
Chamamah starting material exposure by stating that he would provide information related to the use of legal language in Article 73 paragraph (2) the Medical Practice Act which petitioned for review by the Applicant. Further testing of linguistic Chamamah said an article in a law needs to pay attention to the language and legal language used.
Chamamah further said the use of language in the statute is a formal variety or better known as the standard language variety or range of standards. The standard range is characterized by the use of a complete language rules. "Variety is used for the purposes authorized official, formal. So the language of the law including the law is a technical discourse and the manifold variety of official, so the variety of language used is the standard range," said Chamamah about legal language.
Law, further Chamamah, as a means of enforcement provisions for each person should be able to reach, can be known, understood, and accepted by the parties receiving the law clearly, firmly, straightforward, and does not cause double interpretation through a form of language. For users of the law, language is a medium to understand the law. That is, without language there is no law because there is no law which is only kept in mind. "To ensure legal certainty, the language as a transmitter of media law, have the potential to provide clarity, to give certainty, and not open a double reception. Then the characteristics of legal language is clear, dense, which means all the words used to work there is no superfluous words, neutral or impartial, and straightforward means not using words that flowery and not use the word whose meaning is immeasurable, "said Chamamah at length about the legal language criteria.
Related to Article 73 paragraph (2) The applicant petitioned to be tested, Chamamah explain language mistakes in the article. Article 73 paragraph (2) the Medical Practice Act reads, "(2) Every person shall not use the tools, methods or other means of providing services to the people who create the impression in question is the doctor or dentist who has had a letter of registration marks and / or permit the practice. "
In the words of Article 73 paragraph (2) the Medical Practices Act Chamamah find article citations are not standard because it has no subject. "The subject is about what? Who? That subject is not so clear. Sentence elements must exist in the subject line. If there is no subject of the sentence, it is not a sentence but a speech, not the sentence," said Chamamah in detail.
Because no trace of the subject, Chamamah said, in the quotation of Article 73 paragraph (2) of the Practice of Medicine article raises questions about who is convicted. Subjects in the quotations section are important because the law uses various kinds of raw materials and are required to have a subject.
Regarding previous paragraph, namely Article 73 paragraph (1) and the previous chapters, Chamamah said the word "medical practice" needs to get clarity. And, clarity about the meaning of the word "medical practice" is presented in Chapter I Article 1 paragraph (1) Medical Practice Act, which reads, "The practice of medicine is a series of activities performed by physicians and dentists to patients in carrying out health efforts."
That way, it can be summarized that the Article 73 paragraph (2) the "lost" subjects actually have the subject explained in earlier chapters, that is the subject of doctors and dentists in a series of activities. "According to the language level, it is known that this law is read in later chapters, chapters, and verses, arrange doctor and dentist in the series of activities they perform. It reads explicitly. Legislation that explicitly mentioned to regulate doctors and dentists, all of a sudden on the Article 73 paragraph (1) and paragraph (2), and others Articles namely Article 77 and Article 78, set no doctor, but everyone. Object of this rule to be out of sync with the material laws clarity as the general provisions in Chapter I Article 1 does not fit," said Chamamah. (Yusti Nurul Agustin / mh/Yazid.tr)
Thursday, June 28, 2012 | 08:23 WIB 187