Cultural Confession in Indonesian Religious Courts: A Forensic Linguistics Analysis

Abstract

Forensic linguistics is used to clarify a legal process, including the Religious Courts system. The Religious Courts are legal institutions in Indonesia and meet the criteria in the focus of forensic linguistics because they have a court process involving the use of specific languages (language in legal context). The research was conducted at the Watansoppeng and Pekanbaru Religious Courts with three different trials. The primary data of this research is the transcription of the trial speech. Olsson's (2008) forensic linguistic statement analysis concept is the primary tool used to observe the legal discourse of the Religious Courts. The use of narrative statements was analyzed with the theory of narrative statement analysis, which was divided into five categories (time, place, sequence, description, & other words). The panel of judges, petitioners, and witnesses in the trial of the Religious Courts tend to use the technique of using certain narrative statements. Culturally, narrative reports are used to exert influence in the trial process. These narrative statements have cultural aspects, both produced by the Panel of Judges and the trial participants. These cultural aspects are cultural evidence, cultural information, and cultural considerations. The percentage of cultural factors involved is 3.7% cultural evidence, 37% cultural information, and 59.3% cultural considerations. This research shows that the Religious Courts tend to use judgment in the case settlement process. Thus, forensic linguistics is not only used for advocacy purposes but also restoration purposes. Based on the results of forensic linguistic analysis in the legal context of the Religious Courts, a generalization can be obtained that cases that have legal implications can be prevented by providing an understanding to the public regarding the use of language and the resolution of cases involving cultural aspects.