Orang Asli Customary Law Essay

Orang Asli is a Malayan term for primaevals. Traditionally, natives make decisions and settle disputes by achieving consensus through processes like dialogue and consultation. These customary practices had bring to pass adat (customs) that governed indigenous communities in Sabah and Sarawak for generations, existed only in spoken form. In Sabah, efforts were made to codify adat but all these attempts fell ill-judged of having these customs codified and made legally binding. Instead, they remained merely as guides to native chiefs and court officials.Among all, only the efforts of George Cathcart Woolley (Commissioner of Lands, unification Borneo Company) agree successfully printed the compiled customs as codes. These codes were published by government printing office in 1953 and reprinted in 1962 as indigene personal matters bulletins No. 1 to 7. The 7 primals affairs Bulletins published by the North Borneo Company, 1936 1939 1. The Timoguns A Murut Tribe of the Interior, North Borneo Native Affairs Bulletin No. 1, Sandakan governing Printing Office, 1936 (Reprinted by the North Borneo Government Printing Office, 1962.32 p). 2. Tuaran Adat Some tradition of the Dusun, North Borneo, Native Affairs Bulletin No. 2, Sandakan Government Printing Office, 1937. (Reprinted by the North Borneo Government Printing Office, 1953). 3. Murut Adat Customs Regulating Inheritance amongst the Nabai Tribe of Keningau and the Timogun Tribe of Tenom, Native Affairs Bulletin No. 3, Sandakan Government Printing Office, 1939, 27 p. 4. Dusun Adat Customs Regulating Inheritance amongst the Dusun Tribes in the Coastal Plains of Putatan and Papar, Native Affairs Bulletin No.Below be distinct types of salary for injuries stated in this Rule Types of compensation Interpretation 1. Babas any customary conciliatory give way to an aggrieved companionship designed to preserve the bonds of friendship. 2. Denda Malu a customary compensation in respect of any breach of native cus tomary law which exposes the aggrieved party to the possibility of disgrace before the relatives or community to whom or which such aggrieved party belongs. 3. Kepanasan kampung a customary fine in respect of an rudeness against the general virtues and dignity of a village. 4. SogitCustomary haematic penalty. All these compensation for injuries comes in the form of fine, adat fine and restorative justice. Restorative justice is an procession to justicethat focuses on the needs of the victims and the offenders, as well as the intricate community, instead of satisfying abstract legal principles or punishing the offender. Usually, the offenders have to compensate the aggrieved party with livestock or other things of equivalent apprise in accordance with adat fine. Mr AnthonyJohn NoelRichards must be mentioned in the codification of Dayak customary laws in Sarawak.After graduating from college, he entered the Sarawak civil service as aBrookecadet officerin September1938. His outs et invoice was to theSecretariatwhere he worked under Mr Andrew MacPherson, then Secretary for Native Affairs. Here, he rapidly gainedfluencyin both Iban and Malay. In the year 1961, he published Dayak Adat practice of law in the Second Division (in Iban and English, 1963, Kuching Government Printer), and Dayak Adat Law in the First Division-Bidayuh (in English, 1964, Kuching Government Printer). In Sarawak, the Sea-Dayaks (Iban) are the largest indigenous group.They are animists who believe in various deities. Legends say that these deities gave the Sea-Dayaks ancestors natural law which has become the customary law. These customary laws became the basis on settling disputes and cases. The very first codification of Sea-Dayak law has started with Mr A. B. Ward in the year 1907. He was the occupant of the Second Division at Simanggang. His code was successfully published in Sarawak Museum Journal. A conference took place in the Third Division, year 1932 to disgrace these customa ry laws.