Procedure to Become a Sworn Translator in Indonesia

PERTANYAAN

What is the procedure for becoming a sworn translator?

INTISARI JAWABAN

For those of you who are interested in becoming a sworn interpreter or sworn translator, you can read the application procedure in the regulation specifically in Minister of Law and Human Rights Regulation 29/2016. What does the legal basis sound like?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Prosedur Menjadi Penerjemah Tersumpah di Indonesia written by Dian Dwi Jayanti, S.H. on Monday, 7 August 2023.

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.

1. Submitting an Application

An application to be appointed as a sworn translator shall be submitted in writing in two copies and signed by the applicant on a stamp duty to the Minister of Law and Human Rights ("the Minister") containing at least the applicant's identity and the type of language to be translated.[1]

2. Examination of required documents

Furthermore, the application must be examined, which is carried out within a maximum of 3 days from the date the application is received.[2]

If after examination there are still deficiencies in the required documents, the Minister returns the application to the applicant to be completed within 30 days from the date of notification.[3] Then, if the applicant does not complete the required documents within the specified period, the application is rejected.[4]

Only when the result of the document examination is declared complete, the Minister shall issue a decree on the appointment of the sworn translator. The appointment decision is subject to a fee which is included in non-tax state revenue (Penerimaan Negara Bukan Pajak/"PNBP"). Therefore, when collecting the sworn translator appointment decision letter, the applicant or his/her proxy must attach the original application receipt and application payment receipt.[5]

3. Taking an Oath/Pledge

Before performing his/her duties, a sworn interpreter is obliged to take an oath/pledge according to his/her religion, subject to the non-tax state revenue fee, and the oath/pledge is taken by the Minister or the Head of the Regional Office.[6]

The oath/pledge shall be administered within a maximum period of 60 days as of the date of issuance of the decision on the appointment of the sworn translator.[7]

If the oath/pledge is not administered within the above period, the appointment decision may be cancelled by the Minister, unless there is a request for an extension of time to administer the oath/pledge from the applicant.[8]

An application for an extension of time must be made before the time period for the first time oath/pledge pronunciation ends. The extension shall be granted for a maximum period of 30 days as of the date of receipt of the application letter. If within the extension period, the oath/pledge-taking has not been conducted, the decision on the appointment of the sworn translator shall be declared null and void.[9]

Furthermore, the taking of the oath/pledge shall be stated in the official report of the taking of the oath/pledge which shall be submitted to the Minister within a maximum period of 30 days of the date of taking the oath/pledge.[10]

In addition to submitting the official report, the sworn translator is also required to submit other documents, namely:[11]

1. a statement that he/she has carried out the profession signed on the applicable stamp duty; and
2. written statement regarding office address, sample signature, autograph, and seal/stamp of the sworn translator.

 

4. Registration at the Director General of Legal Administrative Affairs

Sworn interpreters who have taken oath/pledge are registered and listed on the official website of the Directorate General of Legal Administrative Affairs of the Ministry of Law and Human Rights (Direktorat Jenderal Administrasi Hukum Umum Kemenkumham).[12]

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

Legal Basis:

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 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.

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[1] Article 6 section (1) and (2) jo. Article 7 section (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”).

[2] Article 8 Minister of Law and Human Rights Regulation 29/2016.

[3] Article 9 section (1) and (2) Minister of Law and Human Rights Regulation 29/2016.

[4] Article 9 section (3) Minister of Law and Human Rights Regulation 29/2016.

[5] Article 10 Minister of Law and Human Rights Regulation 29/2016.

[6] Article 11 section (1), (2), and (3) Minister of Law and Human Rights Regulation 29/2016.

[7] Article 12 section (1) Minister of Law and Human Rights Regulation 29/2016.

[8] Article 12 section (2) Minister of Law and Human Rights Regulation 29/2016.

[9] Article 12 section (3), (4), and (5) Minister of Law and Human Rights Regulation 29/2016.

[10] Article 13 section (1) and (2) Minister of Law and Human Rights Regulation 29/2016.

[11] Article 13 section (3) Minister of Law and Human Rights Regulation 29/2016.

[12] Article 15 Minister of Law and Human Rights Regulation 29/2016.