In the translation process, words are like two sides of a coin. They can be beneficial in providing information or detrimental in causing misunderstandings. If you think that translation is merely a matter of changing languages, this is not true when it comes to legal translation. 

If even one word in a legal document is mistranslated, it can lead to financial and property-related consequences.

Why is this the case? Legal contract translation must be handled by experienced translators who understand the specific terminology and cultural nuances of the target country.

Mistakes in translating legal contracts can lead to legal problems. For example, misunderstandings between parties, legal disputes, financial and copyright losses, agreements that can be cancelled or declared null and void, and even loss of business reputation.

For further clarification, let’s look at this illustration. A US company provides a loan to an Indonesian company. 

The loan contract is written in English, and the translator translates the term ‘covenant’ as a general term in Indonesian. 

Meanwhile, in the original language, ‘covenant’ can include conditions of violation that give the lender the right to withdraw the loan or impose penalties. 

Of course, this is detrimental to the Indonesian company. This can lead to contract cancellation due to ambiguity or unenforceability.

Even if the borrower wins the case, they still bear financial losses due to restitution and suffer reputational damage that affects future cooperation.

Why Creative Freedom Becomes a Legal Threat

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If you look at creative content translated into the target language, you will see some creative words used to make the content more interesting. 

For example, in the translation of the phrase ‘Level up your skills’ in online game content, it is translated into Malaysian as ‘Naik skill kasi padu’, baru lawan jadi puas!’ (Improve your skills, then you’ll be satisfied!). 

In creative or marketing content, creativity is a powerful weapon to attract local audiences. Creativity also helps refine the message to suit local norms and expectations. 

This is to ensure relevance to the norms of politeness and society in the target country. However, this is not the case with legal translation. 

The translation process must comply with the target country’s legal terminology without altering the meaning of the original language.

While general translation can be more playful to attract readers, legal translation emphasises accuracy and precision. 

Applying improvisation to legal translation invites various risks. Examples? These range from misunderstandings with clients, financial or copyright losses, document invalidity by official authorities, legal disputes, application rejections, and even business operational disruptions.

For example, in translating a licence agreement, the translator renders the term ‘Exclusive rights’ as ‘hak istimewa’ in Indonesian. 

‘The distributor is granted exclusive rights in the territory’ becomes ‘Distributor diberikan hak istimewa di wilayah tersebut.’ Sounds correct? But that is not what it means. 

Exclusive rights are sole rights that cannot be granted to other parties. The consequence is that the company grants the same rights to other distributors, while the first distributor sues, claiming that its exclusive rights have been violated. Therefore, improvisation in the translation of legal documents is not permitted.

The Law Doesn’t Speak in Synonyms

You must remember that legal translation emphasises high accuracy and must be ready for use on the first attempt. Although legal structures differ between regions, countries, and even continents, legal translators must be able to overcome these barriers. 

Hence, translation must be done accurately, without reducing or exaggerating the meaning. What about the use of synonyms in translation? 

In general translation, the use of synonyms enriches and enhances the text, clarifies meaning, and avoids repetition. 

In addition, synonyms help readers understand concepts from various perspectives and improve communication quality. 

For example, using synonyms in the translation of novels makes readers feel comfortable because the vocabulary is not monotonous.

How are synonyms used in the translation of legal documents? According to Bruno Latour (2004), law is not a language full of synonyms. 

It is a mistake to equate terms that are often considered equivalent in everyday language. For example, the three words’ possession’, “ownership”, and ‘property’ can be used interchangeably in common usage, but they have different categories in the eyes of the law. 

Even if used interchangeably, it will cause serious errors. Let’s differentiate the meanings of the three example words. Possession means control or command of an object, whether as the owner or not. 

In terms of meaning, this word refers to a non-absolute and factual right. Ownership is the absolute right to an object, which is normative in nature. 

Meanwhile, property is an object or category of objects, such as land, cars, or patents. If legal translators use these three synonyms to enrich the language, it is highly inappropriate and will lead to legal issues.

Translating the System, Not the Sentence

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The process of legal translation requires more than just linguistic translation. A legal translator must have a deep understanding of the legal system to ensure contextual accuracy and legal equivalence in the translated document. 

The two well-known legal systems are civil law and common law. A translator must be familiar with the target country to ensure compliance with applicable laws. 

Some countries that apply Common Law include the US, the UK, Canada, Singapore, and Australia.

Meanwhile, some countries that apply Civil Law are Indonesia, France, Japan, Germany, and Thailand. 

The Philippines applies a hybrid system: civil law foundations blended with common-law influences from the U.S. Malaysia, on the other hand, adheres to Common Law influenced by Islamic law.

According to Lloyd Law College, the Common Law system is a set of legal rules created by judges. The legal principle known as stare decisis is the basis of common law. 

Stare Decisis is a legal doctrine that holds that judges and courts must follow precedent when deciding similar cases. 

The Importance of Understanding Both Legal Systems in Translation

Civil law relies heavily on codified statutes that govern various areas, including civil, commercial, criminal, and labor law.

Common law changes and adapts easily because judges actively create and develop the rules through their decisions. In contrast, civil law clearly sets written rules that provide legal certainty, but it becomes harder to adjust them to social changes.

So, why do translators need to understand both? Because the legal writing styles are different. For example, the choice of appropriate terminology is essential because a term in one system may not have an equivalent in the other. 

For instance, the concept of ‘trust’ in common law is difficult to explain in civil law. Therefore, translators need to find the phrase that most closely approximates the meaning of ‘trust’ or provide a footnote. 

In addition to terminology, translators must also adapt the style and tone. The Common Law system tends to be argumentative in style, while Civil Law is more deductive. 

The structure and hierarchy of these two legal systems are also different. Civil Law relies more on codification. 

Therefore, translators must be able to replicate the appropriate structure for the target language. And most importantly, they must avoid legal issues.

Southeast Asia’s Contracts Aren’t Speaking the Same Legal Language

The legal systems in Southeast Asia are very diverse. The previous discussions highlighted several countries.

Singapore adheres to Common Law, Indonesia to Civil Law, Malaysia to Common Law with Islamic Sharia elements, and the Philippines to both. The use of diverse legal systems is inseparable from culture and colonialism.

For example, Malaysia follows Common Law due to British colonisation, but has an Islamic character due to its strong Malay cultural elements. 

These differences in legal systems will inevitably create gaps in interpretation. Legal translation helps bridge these gaps in cross-border trade. In cross-border business, one essential requirement for risk mitigation and legal compliance is accurate legal translation.

Legal translation services play a role in legal protection, risk mitigation, and business compliance assurance. 

If you rely solely on general translation, you will face difficulties in your business practices, especially when dealing with overseas clients. 

Only legal experts should carry out the legal translation process. In addition to proven language proficiency, professional legal translators understand the legal system of the destination country and specific terminology. This is what makes you more relevant and minimizes legal problems.

To use the services of a professional legal translator, you need to choose a trusted and experienced translation service provider, such as SpeeQual. In addition, choose a certified provider with proven expertise in legal documentation.

Not only that, choose an agency that is certified and utilises the latest technology so that the translation process is faster and of higher quality.

Final Verdict: Every Word Must Survive in Court

Certainty only arises when every word can stand up in court. In the legal world, a single translation error can alter meaning, undermine arguments, and even jeopardise the outcome of a case. 

That is why legal translation services are not merely a language service, but the foundation of your document security.

With a team of certified, experienced, and accuracy-oriented translators, we at SpeeQual ensure that every contract, deed, agreement, or written evidence is translated flawlessly, minimising ambiguity and reducing the risk of misinterpretation.

Entrust your crucial documents to experts who understand that every word counts. At SpeeQual, we apply three fundamental values: speed, quality with multiple layers of checking, and solutions. 

For translation quality, we have a team of experienced legal translators who understand the laws applicable in your target country. 

Accuracy and precision are the keys to our continued trust from many clients in various fields, from technology to automotive. 

To expedite the translation process, we utilize AI tools such as CAT and MTPE. However, AI cannot replace our top-tier translation team. 

In legal proceedings, precision is not an option but a necessity. With the best legal translation services, you are one step closer to a favourable outcome. Let us support your legal communication needs. Reach out to our team for a consultation.