The History of Sumatra Part 21

LAWS OR CUSTOMS.

There is no word in the languages of the island which properly and strictly signifies law; nor is there any person or cla.s.s of persons among the Rejangs regularly invested with a legislative power. They are governed in their various disputes by a set of long-established customs (adat), handed down to them from their ancestors, the authority of which is founded on usage and general consent. The chiefs, in p.r.o.nouncing their decisions, are not heard to say, "so the law directs," but "such is the custom." It is true that, if any case arises for which there is no precedent on record (of memory), they deliberate and agree on some mode that shall serve as a rule in future similar circ.u.mstances. If the affair be trifling that is seldom objected to; but when it is a matter of consequence the pangeran, or kalippah (in places where such are present), consults with the proattins, or lower order of chiefs, who frequently desire time to consider of it, and consult with the inhabitants of their dusun. When the point is thus determined the people voluntarily submit to observe it as an established custom; but they do not acknowledge a right in the chiefs to const.i.tute what laws they think proper, or to repeal or alter their ancient usages, of which they are extremely tenacious and jealous. It is notwithstanding true that, by the influence of the Europeans, they have at times been prevailed on to submit to innovations in their customs; but, except when they perceived a manifest advantage from the change, they have generally seized an opportunity of reverting to the old practice.

MODE OF DECIDING CAUSES.

All causes, both civil and criminal, are determined by the several chiefs of the district, a.s.sembled together at stated times for the purpose of distributing justice. These meetings are called becharo (which signifies also to discourse or debate), and among us, by an easy corruption, bechars. Their manner of settling litigations in points of property is rather a species of arbitration, each party previously binding himself to submit to the award, than the exertion of a coercive power possessed by the court for the redress of wrongs.

The want of a written criterion of the laws and the imperfect stability of traditionary usage must frequently, in the intricacies of their suits, give rise to contradictory decisions; particularly as the interests and pa.s.sions of the chiefs are but too often concerned in the determination of the causes that come before them.

COMPILATION OF LAWS.

This evil had long been perceived by the English Residents, who, in the countries where we are settled, preside at the bechars, and, being instigated by the splendid example of the Governor-general of Bengal (Mr.

Hastings), under whose direction a code of the laws of that empire was compiled (and translated by Mr. Halhed), it was resolved that the servants of the Company at each of the subordinates should, with the a.s.sistance of the ablest and most experienced of the natives, attempt to reduce to writing and form a system of the usages of the Sumatrans in their respective residencies. This was accordingly executed in some instances, and, a translation of that compiled in the residency of Laye coming into my possession, I insert it here, in the original form, as being attended with more authority and precision than any account furnished from my own memorandums could pretend to.

REJANG LAWS.

For the more regular and impartial administration of justice in the Residency of Laye, the laws and customs of the Rejangs, hitherto preserved by tradition, are now, after being discussed, amended, and ratified, in an a.s.sembly of the pangeran, pambarabs, and proattins, committed to writing in order that they may not be liable to alteration; that those deserving death or fine may meet their reward; that causes may be brought before the proper judges, and due amends made for defaults; that the compensation for murder may be fully paid; that property may be equitably divided; that what is borrowed may be restored; that gifts may become the undoubted property of the receiver; that debts may be paid and credits received agreeably to the customs that have been ever in force beneath the heavens and on the face of the earth. By the observance of the laws a country is made to flourish, and where they are neglected or violated ruin ensues.

BECHARS, SUITS, OR TRIALS.

PROCESS IN SUITS.

The plaintiff and defendant first state to the bench the general circ.u.mstances of the case. If their accounts differ, and they consent to refer the matter to the decision of the proattins or bench, each party is to give a token, to the value of a suku, that he will abide by it, and to find security for the chogo, a sum stated to them, supposed to exceed the utmost probable damages.

If the chogo do not exceed 30 dollars the bio or fee paid by each is 1 1/4 dollars.

If the chogo do not exceed 30 to 50 dollars the bio or fee paid by each is 2 1/2 dollars.

If the chogo do not exceed 50 to 100 dollars the bio or fee paid by each is 5 dollars.

If the chogo do not exceed 100 dollars and upwards the bio or fee paid by each is 9 dollars.

All chiefs of dusuns, or independent tallangs, are ent.i.tled to a seat on the bench upon trials.

If the pangeran sits at the bechar he is ent.i.tled to one half of all bio, and of such fines, or shares of fines, as fall to the chiefs, the pambarabs, and other proattins dividing the remainder.

If the pangeran be not present the pambarabs have one-third, and the other proattins two-thirds of the foregoing. Though a single pambarab only sit he is equally ent.i.tled to the above one-third. Of the other proattins five are requisite to make a quorum.

No bechar, the chogo of which exceeds five dollars, to be held by the proattins, except in the presence of the Company's Resident, or his a.s.sistant.

If a person maliciously brings a false accusation and it is proved such, he is liable to pay a sum equal to that which the defendant would have incurred had his design succeeded; which sum is to be divided between the defendant and the proattins, half and half.

The fine for bearing false witness is twenty dollars and a buffalo.

The punishment of perjury is left to the superior powers (orang alus).

Evidence here is not delivered on previous oath.

LAWS OF INHERITANCE.

If the father leaves a will, or declares before witnesses his intentions relative to his effects or estate, his pleasure is to be followed in the distribution of them amongst his children.

If he dies intestate and without declaring his intentions the male children inherit, share and share alike, except that the house and pusako (heirlooms, or effects on which, from various causes, superst.i.tious value is placed) devolve invariably to the eldest.

The mother (if by the mode of marriage termed jujur, which, with the other legal terms, will be hereafter explained) and the daughters are dependant on the sons.

If a man, married by semando, dies, leaving children, the effects remain to the wife and children. If the woman dies, the effects remain to the husband and children. If either dies leaving no children the family of the deceased is ent.i.tled to half the effects.

OUTLAWRY.

Any person unwilling to be answerable for the debts or actions of his son or other relation under his charge may outlaw him, by which he, from that period, relinquishes all family connexion with him, and is no longer responsible for his conduct.

The outlaw to be delivered up to the Resident or pangeran, accompanied with his writ of outlawry, in duplicate, one copy to be lodged with the Resident, and one with the outlaw's pambarab.

The person who outlaws must pay all debts to that day.

On amendment, the outlaw may be recalled to his family, they paying such debts as he may have contracted whilst outlawed, and redeeming his writ by payment of ten dollars and a goat, to be divided among the pangeran and pambarabs.

If an outlaw commits murder he is to suffer death.

If murdered, a bangun, or compensation, of fifty dollars, is to be paid for him to the pangeran.

If an outlaw wounds a person he becomes a slave to the Company or pangeran for three years. If he absconds and is afterwards killed no bangun is to be paid for him.

If an outlaw wounds a person and is killed in the scuffle no bangun is to be paid for him.

If the relations harbour an outlaw they are held willing to redeem him, and become answerable for his debts.

THEFT.

A person convicted of theft pays double the value of the goods stolen, with a fine of twenty dollars and a buffalo, if they exceed the value of five dollars: if under five dollars the fine is five dollars and a goat; the value of the goods still doubled.

All thefts under five dollars, and all disputes for property, or offences to that amount, may be compromised by the proattins whose dependants are concerned.

Neither a.s.sertion nor oath of the prosecutor are sufficient for conviction without token (chino) of the robbery, namely, some article recovered of the goods stolen; or evidence sufficient.

If any person, having permission to pa.s.s the night in the house of another, shall leave it before daybreak, without giving notice to the family, he shall be held accountable for any thing that may be that night missing.

If a person pa.s.sing the night in the house of another does not commit his effects to the charge of the owner of it, the latter is not accountable if they are stolen during the night. If he has given them in charge, and the stranger's effects only are lost during the night, the owner of the house becomes accountable. If effects both of the owner and lodger are stolen, each is to make oath to the other that he is not concerned in the robbery, and the parties put up with their loss, or retrieve it as they can.

Oaths are usually made on the koran, or at the grave of an ancestor, according as the Mahometan religion prevails more or less. The party intended to be satisfied by the oath generally prescribes the mode and purport of it.

BANGUN, OR COMPENSATION FOR MURDER.

The bangun or compensation for the murder of a pambarab is 500 dollars.

The bangun or compensation for the murder of an inferior proattin is 250 dollars.

The bangun or compensation for the murder of a common person, man or boy, is 80 dollars.

The bangun or compensation for the murder of a common person, woman or girl, is 150 dollars.

The bangun or compensation for the murder of the legitimate children or wife of a pambarab is 250 dollars.

Exclusive of the above, a fine of fifty dollars and a buffalo as tippong b.u.mi (expiation), is to be paid on the murder of a pambarab; of twenty dollars and a buffalo on the murder of any other; which goes to the pambarab and proattins.