THE
COMMUNITY
THE
COURTS
The
Balinese like to settle their differences peacefully, and
if possible to come to ar, agreement among themselves. Otherwise
they apply to the Vilhage chiefs, the klian or the penyarikan
of the desa or bandjar to act as mediators for a friendly
settlement. Disputes concerning rice fields or irrigation
water are settled by the council of a special agricultural
society, the subak. Should it become necessary to adopt
a strong decision, the village council votes for a verdict.
In
any case the village heads leave no stone unturned for a
quick settlement of the affair to prevent its becoming involved
in a legal court procedure, which is always distasteful
to them, and it is only as a last resort, when all other
resources have failed and passions are very much aroused,
that the Balinese will appeal to the official high tribunal,
the kerta.
I
he repugnance of the people against having to appeal to
the kerta is only part of the Balinese policy of keeping
the princes from interfering too much in their affairs.
The kertas are the courts of the princes and they are generally
composed of three Brahmanic priests who act as judges. They
are assisted by a number of kantias, " lawyers,"
and a scribe.
Trials
take place in a special shed, built over a high stone or
brick platform. The Kerta Gosa, the court house of Klungkung,
one of the inevitable sights of Bali, is already famous
because of the lurid paintings that cover the entire ceiling,
depicting the punishments that await a law-breaker in hell.
The court house is beautifully decorated; two stone serpents
flank the stairs that lead to the platform where the judges
sit on great gilt chairs.
A
trial must be conducted with the greatest dignity and restraint.
There are rules for the language employed, the behaviour
of the participants, and the payment of trial expenses.
It is interesting that court procedure resembles that of
cockfights in its rules and terminology. On the appointed
day the plaintiff and the defendant must appear properly
dressed, with their witnesses, and their cases and declarations
carefully written down. An absentee or one whose case is
badly stated loses his suit. The kantias read the statements
of each party and then those of the witnesses in their successive
order. No one is allowed to speak unless he is addressed.
Talking excessively or too loud, quarrelling, or pointing
at the judges is punished by a fine case has been thoroughly
stated, the witnesses have testified the evidence has been
Produced, the Judges study the reach a decision.
More on Bali community 1,
2, 3,
4, 5,
6, 7,
8
INDONESIA
