THE USE OF INDONESIAN FORMAL LANGUAGE IN THE PROCESS OF LEGISLATIVE DRAFTING IN ACCORDANCE WITH LAW NUMBER 12 OF 2011

The character of civil law law that gave birth to the form of written law perceived that the law relies on the text of the written text, so it is possible to misinterpret the interpretation or multiple interpretations of articles or regulations because of wrong in understanding the language. This will impact on law enforcement less than the maximum. The use of standard language is one solution to avoid multiple interpretations in understanding the essence of language in the realm of law. This type of research is qualitative research. The data source is the document of Law Number 12 of 2011 on the Establishment of Legislation. The analysis is conducted on the use of standard Indonesian language in the document to meet its accordance with the rules of the standard language. In addition to the document, the analysis was also conducted on the results of the interview and the questionnaire.


Introduction
In the 1945 Constitution of the Republic of Indonesia regards that the state of Indonesia is a state of law (Article 1, paragraph 3).The principle of a state of law has indicated a firm stance that Indonesia in operating the power system must be based on an actualized legal system through the establishment of legislation.
In civil law systems, the term "code" (legislation) is a set of clauses and general legal principles that are authoritative, comprehensive, and systematic, contained in the book or passage that is logically organized in accordance with the relevant laws.Therefore, the civil law rules considered legally major, whereas other sources of law are subordinate and often on certain legal issues, civil law regulations to be the only source of law.In the common law system, although the common use of the term "code" for the rule of law, but the meaning of the rule of law was not included in the draft comprehensively.The regulation is sometimes only limited, both the scope of its arrangement and its enactment area (Asikin 2013: 81).Hadikusuma (2006: 3) says that the legal language that we use is still old-fashioned and less perfect semantic word and composition of the sentence, and thereis also still terms that are not fixed and less clear as well.This is because the scholars of the past did not get special law language lessons and did not pay attention to and study the terms and rules of the Indonesian language.
Indonesian legal language is not straightforward and flexible even in circles so that if not read carefully and many times, the meaning can be different from the meaning of the law in question.Repetition with long sentences needs to be updated immediately.
If the sentence culture is long-term it will hurt the law enforcer itself (Harini 2014: 25).
In its tradition, Indonesia has a legal character characterized by aspects of written regulations.This written rule then influences the application of its law that is motivated by its characteristic aspects which refer to written rules.On the practical side, the character of this written rule influences the actualization of law enforcement.In addition, the civil law code that birthed a written legal form then perceived that the law depends on the script written text, so it is possible there was an error of interpretation or multiple interpretations of a provision or legislation because it misunderstood the language.This will impact on law enforcement less than the maximum.The use of standard language is one solution to avoid multiple interpretations in understanding the essence of language in the realm of law.

HANG TUAH LAW JOURNAL
Volume 2 Issue 1. April 2018 65 Some cases indicate that the misinterpretation of language in the legislation is the cause of law enforcement less than the maximum, as an example of the following provisions."...and / or in article 310 paragraph 3 of Law Number 22 of 2009 on Traffic and Road "Transport, which reads' every person who drives a Motor Vehicle who due to his negligence resulted in a Traffic Accident with a seriously injured person as referred to in Article 229 paragraph (4) shall be liable to a maximum imprisonment of 5 (five) years and / or a maximum fine of Rp10,000,000.00(ten million rupiah)" (Hukumonline.com2016).
The provisions are multiple/ambiguous.This ambiguity is happening because the sentence is not effective, i.e. not using the standard language, which is less precise in word selection.The ineffectiveness contained in the words and/ or.A word is an option, but sometimes in the choice occurs or tends to the nuances of interest.This is the cause of uncertainty in law enforcement in Indonesia.In other cases, there are also some misinterpretations or multiple interpretations of the language, so there needs to be a language evaluation in the law.

Examples of multiple interpretations of language occur in Law Number 11 of 2008 on
Information and electronic transactions in Article 27 paragraph (3)."Every person intentionally and without the right to distribute and/or transmit and/or make accessible electronic information and/or electronic documents containing contempt and/or defamation." The provision explicitly indicates that there are things that can be misinterpreted if the position and information is a form of communication between the two parties stating that there is truth to the information submitted.
Based on the phenomenon, that is often languagemistakes or multiple interpretations, so law enforcement has notreached the maximum level, researchers interested in conducting research with the title "The Use of Standard Indonesian in the Process of Legislative Drafting Number 12 of 2011 on the Formation of Legislation.
The focus of the issues under consideration is "how is the standard Indonesian language to avoid multiple interpretations in the legislative process in accordance with Law Number 12 of 2011 on the Establishment of Legislation?"And "are there any constraints in the process of applying the standard Indonesian language to avoid multiple interpretations in the legislation-making process?"

Research Methods
This research method covers the type of research, place and time, data source, data collection method, the method of data analysis, and exposure of research result.This type of research is a qualitative research method used is descriptive without testing the hypothesis (descriptive research non-hypothesis).Qualitative analysis is conducted to explain all the formulation and objectives of the research that has been established, namely the use of standard Indonesian language in the process of legislative drafting in accordance with Law Number 12 of 2011 on the Establishment of Legislation.
This research was conducted in three places, while the data source used to examine the use of standard Indonesian language to avoid multiple interpretations is the document of Law Number 12 of 2011 on the Establishment of Legislation.The analysis is done on the use of language in the law whether it is in accordance with the rules of the standard language or not.The data analyzed is the use of language in the law.
Data analysis was done by descriptive analysis method to Indonesian language usage used in the process of making Law Number 12 of 2011 concerning Formation of Legislation.The analysis is done on the document of the law.Descriptive analysis will be conducted on languages that generate multiple interpretations of language in the document with indicators that include (a) phonetic ambiguity, (b) lexical ambiguity, (c) and grammatical ambiguity.The analysis was also conducted on the results of questionnaires and interviews with the lawmakers to find out whether the lawmakers were paying attention to the standard language to avoid misinterpretations / multiple interpretations.

Results and Discussion
In the document of Law No. 12 of 2011 on the Establishment of Legislation Regulations found several language errors that resulted in multiple interpretations.Such errors include the following.

Language Conflict in Legislative Rules in accordance with Act Number 12 Year 2011 on the Establishment of Regulations Legislation
Here are some language constraints found that cover lexical and grammatical arguments.

Incompatibility
The ambiguity that causes multitafsir according to Kempson (in Djajasudarma 2009: 52) there are three, namely (a) phonetic threats, (b) grammatical intentions, and (c) lexical indictments.Phonetic idolism occurs due to the addition of phonemes and unclear pauses when a word is spoken.Grammatical constraints occur at the morphological and syntax levels.The morpheme ambiguity will disappear by itself if placed in the correct sentence.Wordlessness occurs because the lack of words is so illogical.The phrase incompetence occurs because of intonation and incomplete words.
The clauses of the clause occurred because of the absence of pauses.Inconsistency of sentences that includes equity, amphibians, accents, composition, and deviations occur because of lack of words and no breaks in the sentence.Lexical arguments in the form of polysemy, homonym, and homographs occur due to the contextual ambiguity of the sentence.The underlying limitation of meaning occurs because of the overly molded reference.The use of inappropriate prepositions occurs because of inappropriate use of pauses.Language style inequality occurs due to lack of sentence completeness, inequality diction, and use of pauses.The style of language that usually generates ambiguity is metaphor, association, and metonymy.

a. Grammatical Abuse
What is grammatical is that the sentence fulfills the structure of a clear sentence, at least having a subject element and a predicate.Chaer (2009: 233) explains that the acceptance of a sentence is determined by grammatical, lexical, and reasoning factors.
However, there is an unacceptable sentence because it does not conform to its rules.
The sentences include sentences that are grammatically grammatical or lexical.
Grammatical constraints occur at the morphological and syntax levels.The meaning of force in the Great Dictionary of Bahasa Indonesia (2016: 1002) is to treat, to force, to force, while the significance of the (2016: 441) is a critical state, a crisis, a crisis.
So, there must be clear criteria in terms of what the President can apply the rule.As described Djafar (in Simamora 2017) that the absence of statutory provisions detailing the restrictions of the forcing conditions has forced Perppu to be a "wild ball" which can be played by a President who is in power for the sake of his power.At least to accommodate the interests of the ruler within a short time before the discussion at the DPR level.Therefore, Perppu can be used as the most powerful weapon to smooth the interests of the ruler.Since there is no compulsion, the President translates the word in multitasking.
The following example, namely in Chapter III, Article 8, paragraph (1).In this chapter there is a lack of language, word wastage, and also the inaccuracy of word choice.
(b) Legislation as referred to in paragraph ( 1) is acknowledged to exist and has binding legal force as long as it is ordered by a higher Legal Regulation or is established on the basis of authority.
In that sentence the use of phrases as long as ordered is less precise.The whole word in KKBI (2016: 825) (1) means to the extent, by length, (2) corresponds to, whereas the word is commanded from a commanded verb meaning to be mastered.The right choice of word/ diction and for saving to replace the phrase as long as it is ordered is appropriate.
That is, that the Laws and Regulations are not contrary to the laws or the Regional Regulations.In addition, the invalidity of the sentence is contained in the phrase as long as it is instructed by the Laws and Regulations.Legislation can not govern, who can rule is that make the law.
Thus, the correction of sentence ( 2) is as follows.
(b1) Legislation as referred to in paragraph ( 1) is recognized and has binding legal force in accordance with the higher Legal Regulations or established under the authority.
Other findings that do not meet the standard Indonesian rules for not fulfilling the logic are as follows.4) shall be liable to a maximum imprisonment of 5 (five) years and/or a maximum fine of Rp10,000,000 , 00 (ten million rupiah)."

HANG TUAH LAW JOURNAL
In KBBI (2016: 209) it is explained that the meaning and is the linguistic unit link (equivalent words, phrases, clauses, and sentences, including the same type and has no distinct function).Meaning or meaning is the link to mark the choice in between several things (optional) (KBBI 2016: 98).Thus, the meaning of the word and/or is as follows.
(d1) Those who violate the article are punished with a maximum imprisonment of five years and a maximum fine of Rp10 million.

(d2)
Those who violate the article shall be punished with a maximum imprisonment of five years or a maximum fine of Rp10 million.
The meaning of the sentence (d1) the use of the connector and the thing that must be done, while the sentence (d2) the use of the word or an option, may or may not be done.In the end, what determines whether the offense is punishable by either one (prison or fines only) or both judges' judgment in the proceedings.(Hukumonline.com 2017) The morpheme ambiguity will disappear by itself if placed in the correct sentence.Wordlessness occurs because the lack of words is so illogical.The phrase incompetence occurs because of intonation and incomplete words.The clauses of the clause occurred because of the absence of pauses.Inconsistency of sentences that includes equity, amphibians, accents, composition, and deviations occur because of lack of words and no breaks in the sentence.Below are some examples of grammatical errors in Law Number 12 Year 2011 on the Establishment of Legislation.(1) Word/Dictation Selection Mistakes Research findings in Chapter I on General Provisions, Article 1, point 4. (a) The Government Regulation in Lieu of Law is the Law and Regulations prescribed by the President in the event of a force imposed.
The content of the Presidential Regulation contains material ordered by the Meteri Act to enforce a Government Regulation or material to exercise the exercise of governmental power.The meaning of the word is ordered in accordance with KBBI (2016: 859) is from a commanded verb that is meaningfully mastered.The exact word/diction option to replace the word is ordered accordingly.Thus, the correction of the sentence (c) is as follows.(c1)The content of the Presidential Regulation contains material in accordance with the law, namely the metric to enforce a Government Regulation or material to exercise the administration of governmental power.(2) Word Use Error must, and/or The findings of other interpretations are Article 310 paragraph 3 of Law Number 22 Year 2009 on Road Traffic and Transportation (UULLAJ) as follows.(d) "Any person driving a Motor Vehicle who due to his negligence resulted in a Traffic Accident with a seriously injured person as referred to in Article 229 paragraph (