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
