The History of Java, v. 1-2

by Sir Thomas Stamford Raffles

"In like manner, as it is incumbent on the dálang to make magnanimity and justice the principal subjects of his representation, in order that the spectators may be instructed and animated thereby, so should a prince, a prime minister, and chief officers of the court, direct the administration of the country with such propriety, that the people may attach themselves to them; they must see that the guilty are punished, that the innocent be not persecuted, and that all persons falsely accused be immediately released, and remunerated for the sufferings they may have endured."

The judicial and executive powers are generally exercised by the same individual. The written law of the island, according to which justice is administered and the courts are regulated, is that of the Koran, as modified by custom and usage. The Javans have now been converted to the Mahomedan religion about three centuries and a half, dating from the destruction of the Hindu kingdom of Majapáhit, in the year 1400 of the Javan æra. Of all the nations who have adopted that creed, they are among the most recent converts; and it may be safely added, that few others are so little acquainted with its doctrines, and partake so little of its zeal and intolerance. The consequence is, that although the Mahomedan law be in some instances followed, and it be considered a point of honour to profess an adherence to it, it has not entirely superseded the ancient superstitions and local customs of the country.

The courts of justice are of two descriptions: those of the Panghúlu or high priest, and those of the Jáksa. In the former the Mahomedan law is more strictly followed; in the latter it is blended with the customs and usages of the country. The former take cognisance of capital offences, of suits of divorce, of contracts and inheritance; they are also, in some respects, courts of appeal from the authority of the Jáksa. The latter take cognisance of thefts, robberies, and all inferior offences; its officers are employed in taking down depositions, examining evidence, inspecting the general police of the country, and in some measure acting as public prosecutors: these last functions are implied in the title of the office itself, jáksa meaning to guard or watch[79].

At the seat of government are supreme courts of the Panghúlu and Jáksa: to these there is an appeal from similar but inferior tribunals, established within each province. Petty tribunals, under like names, are even established under the jurisdiction of a Demáng, or chief of a subdivision, and sometimes of a Bákol, or head of a village; but in these the authority of the Panghúlu and Jáksa extend no further than to take down evidence to be transmitted to some higher authority, to settle petty disputes, and perform the ordinary ceremonies of religion, inseparable among the Javans, as well as all other Mahomedans, from the administration of justice.

Such however is the nature of the native government, that these officers are considered rather as the law assessors or council of the immediate superior officer of the executive government, than as independent ministers of justice. In such cases as come before them, they examine the evidence, and point out the law and custom to the executive officer, who is himself generally too ignorant and indolent to undertake it. When the evidence is gone through, and the point of law ascertained, the whole is brought before him, at whose discretion it rests to pass judgment. It is however admitted, that in matters of little moment, where his passions and interests are not concerned, the division is frequently left to the law officers; but in all matters of importance he will not fail to exercise his privileges of interference.

The court of justice in which the Panghúlu or high priest presides, is always held in the serámbi, or portico of the mosque; a practice, which, as it inspires the people with a considerable share of awe, appears judicious. It is also convenient for the administration of oaths, which among the Javans are always administered within the mosque, and usually with much solemnity. The forms of the court are regular, orderly, and tedious; all evidence is taken down in writing, and apparently with much accuracy.

The court, at least at the seat of government, consists of the Panghúlu, the officiating priest of the mosque, and four individuals, also of the religious order, called Páteh nagári, meaning literally the pillars or supports of the country, to whom, after the examination of evidence in capital offences, the point of law and decision is referred. At the seat of government the sovereign or his minister passes judgment.

The court of the Jáksa at the seat of government consists of the head Jáksa, who may be styled the law officer of the prime minister, and the Jáksas of his Klíwons or assistants, for they too have their law councils. The functions of this court being of less importance, of a more mixed nature, and less solemn because less connected with religion, are still more subject than that of the Panghúlu to the rude interference of the executive authority[80].

The Javan code of law is divided into two departments, that of the Mahomedan law and that of custom and tradition. The former is distinguished by the appellation of húcum állah, the commands of God, from the Arabic; the latter by the Javan words yúdha nagára, meaning consideration for the country, or in other words, allowance for the state of society.

The decisions in Mahomedan law are chiefly guided by several works in the Arabic language. In all the courts of Java these works are said to be consulted in the Arabic language, but reference is more frequently made to a collection of opinions extracted from them, and translated into the language of the country.