Dayak Native Court – must be improved

Written by Dr. John Brian Anthony

Dayakbaru:

The Federal Constitution recognized three court of law in Malaysia. The Civil Court, the Syariah Court and the Native Court.

In Sarawak, we role of Native Court is getting lesser while the Civil Court and particularly the Syariah Court is getting stronger. This growth is due to time and money to spend on the 2 courts but the Native Court is left to seemingly to “its own destiny”.

Why is the native court important?

It makes the Dayak Adat relevant. When we have a strong Adat, then we will have a strong community as we follow the Adat practices.

Our heritage – land and Culture should be looked into by our Native Court. We need to develop the Native Court to a level that would meet our current requirement. However, there are some Adat that may be a bottle neck and stumbling block to Dayak progress and we must rectify those weakness.

Who is going to review this Native Court?

Our Government should look seriously into strengthening the Native Court as it is an important institution to regulate the lives of the majority Dayak in Sarawak and Sabah. The Adat will make us unique and therefor our culture could be better preserved.

Why do you think that the Native Court has not been developed to maximize its potential?

In Malaysian – it is true that the federal government is making effort to convert as many Dayak to embrace Islam. The Adat that will be the responsibility of the Native Court would be a stumbling block to the Federal Government initiative.

The land grab by the BN government would be made more difficult if we have a strong Native Court.

Now you might understand why the Native Court development is slow in progressing. We must begin to focus our attention to area of needs – the Native Court must be improved to dispense justice to Dayak using their own Adat.

I trust that more specific discussion will follow this article and we may be able to get readers to talk / discuss and suggest ways to strengthen the Native Court of Sarawak.

Thank You Your Honour

A special Thank You to the Chief Judge of Borneo. I wonder why whether we could have a Deputy Prime Minister from Sarawak/Sabah for the Borneo States.

KUCHING – The Chief Judge of the High Court of Sabah and Sarawak Tan Sri Datuk Seri Panglima Richard Melanjun suggested that the current set of native laws should be reviewed in order to keep up with the time and modernisation.

He said that the native courts of Sabah and Sarawak are still active, but the laws need to be relevant in modern society.

“The native laws are good for the rural folks so that they do not have to go to town to acquire justice,” he said at the launch of a ‘Business Law’ textbook and stressed that the native laws must be maintained to preserve native cultural heritage in Sabah and Sarawak.

Native laws have been around for quite awhile, but they have not been taken care of, he lamented.

“We need to refurbish the native laws, keep the good ones and put aside others. If they are not reviewed or updated, people may not use them anymore one day,” he said.

The native courts in Sarawak were divided into Headman’s Court, the Chief’s Court, the Chief’s Superior Court and the Native District Court.

(a) A Headman’s Court may be constituted by a Tuai Rumah sitting with two assessors. It may impose fines not exceeding RM300 (three hundred ringgit).

(b) A Chief’s Court may be constituted by a Penghulu sitting with two Tuai Rumahs to assist him. It has power to impose imprisonment not exceeding six (6) months and a fine not exceeding (RM2,000) two thousand ringgit.

(c) A Chief’s Superior Court may be constituted by a Temenggong or a Pemanca, or both Temenggong and Pemanca sitting in either case with two assessors. It has power to impose imprisonment not exceeding one (1) year and a fine not exceeding RM3,000 (three thousand ringgit).

(d) A District Native Court shall consist of a magistrate and two assessors. It has power to impose imprisonment not exceeding two (2) years and a fine not exceeding RM5,000 (five thousand ringgit).

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December 4, 2009 · Filed Under Culture

Comments

8 Responses to “Dayak Native Court – must be improved”

  1. gerabusengkiong on December 4th, 2009 11:21 am

    How can we trust a Temenggong and a Pemanca and two assessors(who are usually selected from among the Ketua Kaum) who are all HAND PICKED by the BN government,to make the right or wise decision especially in matters pertaining to land disputes?

    The only way to ensure that the Native Court works is for it to be free of BN interferance and influence. It has to be independent, and also to be manned by people who are competent and possessing the right credentials…not just idiots who know peanuts about Dayak Adat.

  2. changop4540 on December 4th, 2009 11:39 am

    Dini dalam dunya tu court bisi betul2 independent ari kuasa perintah? Bakani gaya ngerari ka undang2 ari kuasa perintah. Nama court tu tau ngemutus ka utai kediri lalu nadai bepanggai ba perintah? Bisi polis enggau rumah jel kediri court tu? Bakani gaya case ke besai enti ia enda olih atur court mit tu enda patut undang2 court mit tu dibai ngagai court besai.

    Bakani deh enti jako, atur dalam court mit tu enda sama enggau court civil, ni ke ka dikena deh? Tentu undang2 court civil laban ia ngerangkum semua bansa ke diau di menua tu.
    Enti semua utai enda betul diatur perintah sapa ke patut duduk dalam court tu deh.

    Semina sida penyakal ke betul pia? Nyadi kitai patut nitih ke atur perintah ke megai kuasa baka ke diatu, semadai perintah tu betukar lalu kitai mesti ka meri sukong ke sama ngagai perintah ke baru ila.
    Nyadi diatu kemepen dulu meh kita.

  3. Panjai Runding Panjai Ruai on December 4th, 2009 12:12 pm

    I have alot of skeptisms on the decsions by the three levels of Natie Courts: a , b,& c.When the TRs,Penghulus and the Temenggongs are nominated by Politicians their decisions will be for most of the times are not BI-PARTISAN.

    The so called the independence of the judiciary would likely be absent.They are answerable to their political masters and are highly motivated towards holding on to their positions for as long they possibly could.

    So where is JUSTICE ? May be DJB could give more insights into that please.

    But Change We Can.

  4. Aya Bujang Tuai on December 4th, 2009 1:13 pm

    Four major obstacles in the effectiveness of Native Courts:

    The Tua Rumahs/Penghulus/Ketua Kampongs appointed base their judgement on:
    1.Political base.(Parti)
    2.Relative base.(Kaban)
    3.Money base (Rasuah).
    4.Afraid to make decision, (takut ke pengaruh, parai wai!!!.)

    Either one of these obstacles still obstruct the effectiveness of our Native Courts. Not unless these obstacles be removed, our Natives Court will remain as it is.

  5. gkm2020 on December 4th, 2009 1:46 pm

    Dear Dr. John,

    Long that I have highlighted this issue “NATIVE COURT” as it’s the key element for the indigenous peoples of Sabah and Sarawak and its sovereignty.

    Come email and meet me.

    Best regards, gkm2020

  6. Kerani Opis Welfare on December 4th, 2009 3:05 pm

    aya bujang tuai, i have no doubt about it. to me your are an advisor in this popular blog.

    your point above are undeniable, i have some friends be it trs,penghulus, temenggongs,conselors. they are all working with native court and facing all the delima as 1 to 4.

    but the most is, taring uting, batu pelanduk, ambar mati & batu tekura and its all belong to category no.4. afraid to make decision. though 1-3 are already taken inti account.

    keep it up ABT, this blog need you.

  7. gerabusengkiong on December 4th, 2009 7:55 pm

    Aku enda ulih nyakal penemu ke madah ka dini bisi court dalam dunya tu ke betul2 independent ari kuasa printah. Nyangka nya amat nadai meh kini, laban ke empai apus dunya tu di teresa. Enggi sida unggal nya nyangka udah ambis kini alai ia banggat nemu amat munyi.

    Enti bala sida kaban kitai urang Islam bisi makamah Syariah, ti niri-negi ka adat sida ia, nama kebuah Native Court kitai tau enda ulih sama sebaka ba pekara ke nuntong bansa enggau adat kitai empu deh? Enti semina sida ke gawa dia enda nemu ngatur chara enggau adil manah agi sida badu. Anang masau duit rakyat ti dikena mayar gaji sida ia (temasuk duit rakyat ke di-kumbai pembangkang.)

    Dalam Malaysia tu we are supposed to have an independent judiciary, pia ko jako ti selalu di-laong-laong ka tuai2 printah, tang menua bukai ketawa ka gaya legal system kitai menua tu. Payut ga bisi urang nyemaka ka ia enggau “kangroo court”.

    Nadai jako nya punggal, munyi ti ko dek nya nyebut: “semina sida penyakal ke betul”. Nama pikir dek semina kita BN aja ke enda tau salah pia?

  8. Lachung Ajak on December 8th, 2009 7:34 am

    gkm2020,

    Why not share it with us here.

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