Can a Foreigner Become a Sworn Translator?

PERTANYAAN

A foreigner/native speaker must be fluent in his/her birth language. Can a foreigner become a sworn translator in Indonesia?

INTISARI JAWABAN

The requirements to become a sworn translator in Indonesia have been specifically regulated in the Minister of Law and Human Rights Regulation 29/2016 and its amendments. Then, can a foreigner become a sworn translator in Indonesia?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Dapatkah WNA Menjadi Penerjemah Tersumpah?, written by Dian Dwi Jayanti, S.H., and published on Wednesday, 2 August 2023.

This article is an update of the article entitled Can a Foreigner Become a Sworn Translator? written by Dimas Hutomo, S.H. and first published on Friday, 15 March 2019.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Definition of Foreigner

Beforehand, you need to know that a native speaker according to Cambridge Dictionary in its lexical translation someone who has spoken a particular language since they were a baby, rather than having learned it as a child or adult.

Meanwhile, the definition of a foreigner is a person who is not an Indonesian Citizen.[1] Moreover, what is meant by Indonesian Citizens (Warga Negara Indonesia/ "WNI") are indigenous Indonesian people and people of other nations who are recognized (legalized) by law as Indonesian Citizens.[2]

This means that the foreigner you are referring to is a person who is not an Indonesian citizen and has foreign language skills in the place where the person was born.

Sworn Translator

A sworn translator is a person or individual who has expertise in producing translations, who has been sworn in by the minister of law and human rights who organizes government affairs in the field of law and human rights, and is registered with the Ministry of Law and Human Rights.[3]

Then, translation is the result of a written language conversion from a foreign language into Indonesian or vice versa that is used and treated as an official translation.[4]

It is said that any person can work as a sworn translator for one or more language translations. A sworn translator in carrying out his/her profession shall:[5]

1. uphold the value of God Almighty;
2. uphold the dignity of the Unitary State of the Republic of Indonesia;
3. uphold the morals and ethics prevailing in the society; and
4. comply with the law and the provisions of laws and regulations.

A sworn translator shall be fully responsible for the accuracy and quality of his/her translation in carrying out his/her profession.[6]

Requirements and Application to Become a Sworn Translator

Please note that in order to be appointed as a sworn translator, the following requirements must be met:[7]

1. be devoted to God Almighty;
2. be an Indonesian citizen;
3. be loyal to Pancasila and the 1945 Constitution;
4. domiciled in the territory of the Unitary State of the Republic of Indonesia, or in the embassy/representative office of the Republic of Indonesia abroad;
5. physically and mentally healthy;
6. have passed the translator qualification examination held by the Professional Certification Institution established by professional organizations or universities;
7. never been sentenced to imprisonment based on a court decision that has obtained permanent legal force for committing a criminal offense punishable by 5 years or more imprisonment; and
8. not being a civil servant, state official, advocate, or not holding another position that is prohibited by law to be held concurrently.

The above application requirements must be proven by complete supporting documents which include:[8]

1. photocopy of identity card;
2. photocopy of a certificate of passing the translator qualification examination that has been legalized by the Professional Certification Agency;
3. photocopy of Taxpayer Identification Number that has been legalized by the authorized official;
4. original certificate of spiritual/mental health from a doctor or psychiatrist at a government hospital;
5. original statement letter not in the status of suspect, defendant, or convict;
6. a statement that he/she has no status as a civil servant, state official, advocate, or is not currently holding another position that is prohibited by law to be held concurrently;
7. 2 recent colored photographs with a white background size 4 x 6;
8. proof of deposit of payment of Non-Tax State Revenue at a bank appointed by the Minister;
9. a written statement made and signed by the applicant about the complete correspondence address, telephone and/or facsimile that can be contacted, as well as an electronic postal address (e-mail); and
10. a power of attorney signed by the applicant on a stamp duty, in the case of an application submitted by the applicant through a proxy.

Based on these requirements, to answer your question, to become a sworn translator, one must be an Indonesian citizen.

Thus, foreigners cannot become sworn translators. However, if the foreigner you are referring to has become an Indonesian citizen (in the sense of being legalized by law as an Indonesian citizen), then he/she can become a sworn translator as long as he/she meets the requirements.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 23 of 2006 on Administration of Population as amended by Law Number 24 of 2013 on the Amendment to Law Number 23 of 2006 on Administration of Population;
2. Law Number 6 of 2011 on Immigration;
3. Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation which has been enacted into law under Law Number 6 of 2023;
4. Regulation of the Minister of Law and Human Rights Number 29 of 2016 on Requirements and Procedures for Appointment, Reporting, and Dismissal of Sworn Translators as amended by Regulation of the Minister of Law and Human Rights Number 4 of 2019 on the Amendment to the Regulation of the Minister of Law and Human Rights Number 29 of 2016 on Requirements and Procedures for Appointment, Reporting, and Dismissal of Sworn Translators.

Reference:

Cambridge Dictionary, accessed on Wednesday, 2 August 2023, at 16.00 Western Indonesian Time (zone).

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[1] Article 106 number 1 Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation which amended Article 1 number 9 Law Number 6 of 2011 on Immigration.

[2] Article 1 number 3 Law Number 24 of 2013 on the Amendment to Law Number 23 of 2006 on Administration of Population.

[3] Article 1 number 1 Regulation of the Minister of Law and Human Rights Number 4 of 2019 on the Amendment to the Regulation of the Minister of Law and Human Rights Number 29 of 2016 on Requirements and Procedures for Appointment, Reporting, and Dismissal of Sworn Translators (“Minister of Law and Human Rights 4/2019”).

[4] Article 1 number 2 Minister of Law and Human Rights 4/2019.

[5] Article 2 Regulation of the Minister of Law and Human Rights Number 29 of 2016 on Requirements and Procedures for Appointment, Reporting, and Dismissal of Sworn Translators (“Minister of Law and Human Rights Regulation 29/2016”).

[6] Article 3 Minister of Law and Human Rights Regulation 29/2016.

[7] Article 4 section (1) Minister of Law and Human Rights 4/2019.

[8] Article 4 section (2) Minister of Law and Human Rights 4/2019.