The History of Java, v. 1-2

by Sir Thomas Stamford Raffles

"In effecting this grand object, it was rather my wish to have it maturely and well done, than by accelerating it too much, to run the risk of taking up a crude system, which would require to be afterwards re-considered, and perhaps entirely new modelled.

"On the principle, however, which would eventually guide me, there was no doubt, nor is it necessary for me to dilate on the impolicy, the inconvenience, or the injustice, of subjecting the natives of Java to any other laws, than those of their ancient government and established faith.

"The tranquillity of the country and the duties of police have been provided for, by preserving the original constitution of the villages, and continuing the superintendence and responsibility in the hands of those, whose rank enables them to exert a due influence, and to command respect. For the administration of justice, the duties of the Resident, as judge and magistrate, have been considerably extended. In civil cases, the mode of proceeding, and the establishment of petty courts, are founded on the practice of the country; in criminal, the jurisdiction and authority of the Resident has been considerably extended. Hitherto, his duties had been strictly confined to police; but considerable delay and injury to the parties accused, as well as to the witnesses, had been occasioned by allowing all causes of a higher nature to lie over for the Court of Circuit: and as the separation of the collection of the Revenue would afford more time to the Resident, it was resolved to extend the criminal jurisdiction of the Provincial Courts to all cases, in which the punishment for the crime alleged does not amount to death. In these courts, which instead of being termed Landraad, as heretofore, are now styled the Resident's Courts, the Panghúlu, or chief priest, and the superior, Jáksa, or native fiscal, attend to expound the law. The Bopátis, or Regents, with their Pátehs, are present, to aid and assist the Resident with their opinion in the course of the investigation, but they have no vote in the decision. If the opinion of the law officers appears to the Resident to be according to substantial justice, and is in accordance with his own opinion, the sentence is immediately carried into effect, provided the punishment does not extend to transportation or imprisonment for life.

"In cases where the punishment adjudged is more considerable, or wherein the opinion of the law officers may be at variance with that of the Resident, a reference is to be made to the Lieutenant Governor; and in all cases where the punishment for the crimes charged is of a capital nature, the prisoner is committed to jail, to take his trial before the Circuit Judge.

"On the first establishment of the Courts of Circuit, it was directed that the President and one other member of the Courts of Justice, should proceed once in six months, or as much oftener as circumstances might require, to the different Residencies in their several jurisdictions, for the trial of offenders. Much inconvenience, however, was found to arise from the absence of those members of the courts from the towns in which they were established, as it necessarily followed, that all civil business was at a stand while they were away. On the other hand, to prevent delay on the trial of criminals, it was necessary that they should visit the Residencies more frequently than once in six months.

"To remedy this in future, and to provide for the prompt and due administration of justice among the native inhabitants, in a manner that is not repugnant to their notions of right and wrong, one member of each of the courts of justice has been appointed a Judge of Circuit, who will be present in each of the Residencies at least once in every three months, and as much oftener as necessary. In the mode of proceeding, they are to avoid the formalities of the Roman law. A native jury, consisting of an intelligent foreman and four others[90], decide upon the fact: the law is then taken down, as expounded by the native law officers, and the sentence, with the opinion of the Judge of Circuit, and on the application of the Dutch and Colonial law on the cases, is forwarded for the modification or confirmation of the Lieutenant Governor.

"Hitherto the jury required by the Court of Circuit, did not exceed five in number, and these, as justly observed, 'were chosen from a class of men (Europeans) who had no common feelings, no common rights; who were, in no shape or consideration, the equals of the person tried. The law was the law of Europe. The jury, under their best prejudices, were influenced by that law; and its meanings and penalties were applied to people who reason in a different manner, and who often never knew any thing of the laws of Europe, before they found themselves its convicted victims.'

"The general jurisdiction of the Courts of Justice at Batavia, Semárang, and Surabáya, is now confined to Europeans and foreigners and to the inhabitants of those towns and their suburbs; and a line has been drawn, which distinctly separates the police of the country from that of the towns.

"Collections of the different law-books and institutions of the country are now making, and a native establishment has been formed at Buitenzorg, under my immediate superintendence, for examining and revising the judicial proceedings, and for affording to the native inhabitants that facility of appeal, which the remoteness of the Government, and the rules of Dutch administration, did not formerly admit of, but which is so consonant to the principles on which the new system of internal economy has been established."

Under the native government, the whole of the male population capable of bearing arms was liable to military service; but the number of people required to cultivate the land, and to perform other public services, did not admit of more than one-third being spared for military purposes, except in cases of extraordinary emergency. The extent of the force permanently kept up by the sovereign in time of peace varied, of course, with the probability of approaching hostilities: when this was smallest, the number seldom exceeded what was required for the state and pomp of the court, and might have amounted to four or five thousand men. Until within the last sixty years, when the Dutch first obtained a supremacy over the whole island, the provinces under the native administration had for several centuries been in a continual state of warfare; but since that period the military spirit has been gradually subsiding, and, by the existing treaties with the native princes, they are restricted in the number of troops which they may maintain. Those of the Susuhúnan are limited to a body guard of one thousand men: such further number as may be required for the tranquillity of the country, the European government undertakes to furnish.