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.