A D E T K A Y A N -K E N Y A H 1994

er referred to as 'OUCF') which was printed and reproduced in Volume VII of the

Because of this, it has been found necessary to call the present volume Adet K

d Kenyah Ketua Masyarakat

d customs of the Kayan and Kenyah omitted in the OUCF have been include

nd the community with the physical and spiritual environments. A breach of t

immediately to avoid divine displeasure.

the choice of either marrying in accordance with the said Act or under the Ad

0 (Act 263). However, it is to be remembered that a person an only seek main

s Christianity or Islam. The Kayan and Kenyah should also take advantage of t

ms are not available, their equivalence in monetary terms should be given. The

iv

metery.

ral child. A child who has been adopted in accor?dance with the Adet Kay

ed in any Native Court by an interested party and the court may impos

cial behaviour and breaches against customs and taboos. Under the Ad

units of measurement: 10 kati which shall be equivalent to RM10.00; /2 a pikul equivalent to RM50.00; and 1 pikul equivalent to RM100.00.
1

of lali, to restore the 'balance' between two individuals. Second, the ingredient

atonement token of kalui henga' amounting to 2000 lali and pelah consisting

sing the traditional religion and the other professing another faith, pelah shoul

traditions in the longhouse and must take heavier penalty for certain breach

of any property belonging to the person who is penalised or ordered to pay

nce requires a ritual propitiation, such as pelah, the offender shall immed the whole community.

TAN SRI DATUK GERCSI

P.S .M., P.N.B .S .

BAT,

Ketua Majlis A stiadat Saraw Pejabat Ketua Menteri, Kuching, Sarawak Our Ref: 4/MAI/CON/F/7 26th May, 1994

4 1 1 "1 " <t 1"1 05-7 zt=c:1 41110

5

THE

SARAW AK GOVERNM ENT GAZETTE PART II

Published by Authority Vol.XL1X 26th May, 1994 No.12

THE NATIVE CUSTOMARY LAWS ORDINANCE THE ADET KAYAN-KENYAH ORDER, 1994 (Made under sections 3 and 5)
P P 6n.

ng Ulu Customary Code of Fines" have, by virtue Sub-District and Fourth Division:

' - of the Orang Ulu Custom

tricts of Sarawak, that a general con?sensus of opinion of the Kayan and Keny

114

ow THEREFORE, the Yang di-Pertua Negeri in Council, n exercise of the powers conferred by sections 3 and 5 f the Native Customary Laws Ordinance, has made the following Order: This Order may be cited as the Adet Kayan-

Kenyah Order, 1994, and shall come into force on the 1st ay of June, 1994. .-(1) That version of the Adet Kayan-Kenyah prepared in English which is set out in the First Schedule been agreed by all Chiefs and Headmen of the Kayanyah communities in the Marudi, Bintulu, Tatau and laga Districts of Sarawak and approved by the Yang di?Pertua Negeri in Council (2) It is hereby declared that the Adet Kayan-Kenyah ferred to in paragraph (1) shall be the authorised version of the native customary law for all Kayan and Kenyah resident in the State of Sarawak (hereinafter referred to as "the authorised version") and for all such persons, cases and suits to which, in accordance with the Native Courts nance, 1992, or by virtue of any other written law, it lawfully be applied.

reinafter referred to as "the autho?rised translation") and approved by the Majlis

er shall prevail.

ublic copies of the authorised version and the authorised translation of the Adet K

rsons, offices, institutions and public bodies as the State Secretary may direc

der in so far as they apply to the Kayan and Kenyah communities in the Bela

117
FIRST SCHEDULE

(Article 2)
ADET KAYAN-KENYAH (Authorised English Version)

ARRANGEMENT OF SECTIONS CHAPTER I

.Definitions.

CHAPTER II
CUSTOMS RELATING TO HOUSE CONSTRUCTION, MOVING TO

NEW LONGHOUSE OR

NEW AREA,

IV ING IN T HE LO NG HO U SE , MIG R AT ION AN D T AB OO S .

Meeting, ten garan or pisu, to construct a new longhouse. . Tana' kusap hapau or tana' tebebe' sapau, longimuse perimeter.
.Breaking promise to join the longhouse.

mpensation for the site of a new longhouse.

.Disturbing doyen pelah or barang pela. .Disturbing ground for the new site of a longhouse.

turbing building materials. .Construction prior to the date agreed upon. .Failure to erect the posts of the amin or lamin. .Pulling do wn the posts. . Failure to complete the framework of the amin or lamin. .Moving to the new longhouse. .Refusal to participate in communal work, hadui peji. .Refusal to become messenger.

.Erecting the posts of the amin or lamin of the Maren Uma or Paren Uma

118

g amin or lamin unoccupied for a prolonged period of time.

ng fire to the longhouse.

ng a ladder, najah san or pelejap can.

g or pulling down handrail, najah belayen or pelejap senawan.

g down the posts, najah jihe' or pelejap suka'.

ah liding or nasa' nding.

sa ' t a su or nas a' t as o' .

cting the longhouse gallery, madet awa' or mekap usae.

onal structures to an amin or lamin.

part of the amin or lamin, merah amin or mera lamin.

amin of the longhouse, mutet amin or metep lamin.

28.-(1) Migrating without the permission of the Maren Uma or Paren Uma', bulak sala or buau sala'.

ng building materials from the amin or lamin.

ng friction in the longhouse.

g people away from the longhouse, muga kelunan or ngua' kelunan.

g order to return to the longhouse.

stranger to live permanently in the longhouse without informing the Maren Uma

el between members of the longhouse.

el between members of the amin or lamin.

elsome couple.

er of the longhouse and a visitor.

119

.Quarrelling during festivals.

.Holding sharp object or weapon during a quarrel.

ccident, negligence or other causes.

g. . Lying, m a m o h k e l u n a n or p a l o k e l u n a n .

r u m o u r s , n a d a h o ' h a n gor d a w u a a n g .

n, p e ji'e k k e lun a n or p eja 'a t k e lu n a n.

m ala' or n un ong .

y elu p oh or p a ny i, making fun of people.

m u r a k e l u n a n or l e m u d a ' k e l u n a n .

.Taking goods or articles from an amin or lamin apartment while the owner is n
a l a t e n u p or a l a ' n y e m a n .

r person's tool, implement or article without permission. .Using another person's boat or vehicle without permission.

nother person's fruit tree without permission.

n fruit trees in the vicinity of another longhouse. stream or a river reserved for the longhouse.

p. . Disturbing an offering, d a ve n k et a lau or b a ra ng le w a . .Breach of r eligious tabo o. .Killing an animal within or outside the room of an ex?pectant mother. rites, n a p o '. or taking dried skull, kahung ayauor ulu ayau to the longhouse.

young plants and animals.

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HAPTER III
CUSTOMS RE LATING TO F AR MIN G AND GARDENING

Meeting, tengaran te' na hadui luma or pisu tok ti uma. ent.

arking land ilo tana' or medip tana' for farming.

ning to farm work group, pala dau or senguyun.

hep or maap.

Clearing or felling beyond one's farm boundary.

yavet luma' or nutung uma.

planting of rice in the farm, adet nugan. farm hut or garden hut, nasa' lepau urna or ngejaat lepau uma.

garden hut, lepau luma' or lepau uma on someone's land.

es from someone's farm hut or garden hut without permission.

terfering with farm boundary, masan hang luma' or maso saang uma.

king vegetables, fruits and other plants from a farm without permission of the own
nasa' luma' or ngeja'at uma.

person's farm without permission.

arm or garden.

ngeja'at or burning, nyavet or nutung a farm hut or garden hut.

eds from the rice barn, lepau parei or lepau padai of an other without permission.

maging, nasa' or ngeja'at or burning, nyavet or nutung the rice barn, lepau parei or le

121

.Temporary exchange of land, pekalui tana or pekelewa tana' for planting ric

urchase of customary rights land. .Footpath, alan or janan to the farm or garden. .F a r m i n g l a nd s .

permanent cultivation. .Causing damage to a garden, nasa' lida or ngeja'at lira'. .Gardening on another person's land.

with the boundary of a garden, masan hang lida or maso saang lira'.

ign of ownership, dip tua or dip tua' on fruit trees or other property.

urse sign, atep lali or dip on fruit trees or any other property. CHAPTER IV
CUSTOMS RELATING TO MATRIMONIAL OR SEXUAL MATTERS . Betrothing,

peteng doh or mutu leto.

. Atep hawa or tebuku te'

.Marriage Ceremony, pelah hawa.

e bride to the bridegroom's apartment, kaja amin. . Innu lo'.

ce of residence after marriage, pekivan. .Ma rriage between strat a.

an.

ent period, dara teng or majan putu.

g an engagement by mutual consent.

f engagement, mutet teng. engagement, nasa' teng or metep putu by a third party.

122

ng breach of engagement.

e.

()Divorce by mutual consent, piah kenep or pule tiga. e on ground of desertion, melak hawa or lingo leto.

ce on ground of adultery. nt wife divorces husband.

ce on any other grounds.

ing a pregnant wife.

rary separation, pehelut jaki or pekeju nuat. Testimonial.

r tetai.

ting after divorce.

or ngio, deposit for suspected adultery. CHILD MAINTENANCE,

NGUYO ANAK OR PENGUMAN ANAK

y child maintenance.

y of children.

RY, PETUYANG

y between people who are married.

y between married and unmarried persons.

tting adultery in the apartment, amin or lamin of a third person.

tting adultery in the apartment, amin or lamin where there is an expectant mother.

y arising out of concealment of existing marriage.

ed adultery.

y with a sojourner.

intercourse with a person observing widowhood or rhood prohibition, nasa lumoh or metep lumo.

123

exual intercourse with a betrothed.

pted adultery.

ultery.
MENGGUNG

OR

opement between an unmarried person and a married person.

unmarried person and a betrothed person.

UTSIDEMARRIAGE unmarried man causing pregnancy. ing pregnancy.

ailure to disclose pregnancy, muhok au i or plamon male'.

e fu s a l t o c la i m p a t e r n i t y .

ES

tempt to have illicit sexual' intercourse, ngakap.

exua l interco ur se with a mino r.

sty of a married woman. sty of a minor.

em or pemong nyeleM.

nother person's spouse.

arriage during widowhood or widowerhood prohibition period, pehawa alem lumuh or p

ng daha or pesait penyeng da'a.

sins, paharin higet or senganak siget.

124

CHAPTER V CUSTOMS RELATING TO PROPERTY .P r o p e r t y . . R ig h ts t o ami n o r /am in - fa mil y p ro pe rty .

-

ution of property. . Tulan uku or tulat mukon. .W i l l , s u r a t w a n t o r s u r a t w a r e t .

on who leaves the amin or lamin upon marriage. .D i vis ion o f p ro p ert y af te r d ivo rc e.

ty o f a hu s ba n d o r w i fe w h o d ie s. to share deceased parent's property.

without heir. ty of a sojourner.

urner who dies in the longhouse of his adoption. .Kelunan dameh or kelun nyagen who dies in his longhouse of adoption.

CHAPTER VI CUSTOMS RELATING TO DEATHS AND BURIALS .B u r i a l a t d e s i g n a t e d c e m e t e r y . trees onto a cemetery. g fire to damage a cemetery.

ng a graveyard.

125

avation or exhumation of graveyards.

ng tulan patei or tulat patai provided for the dead. on a burial or old cemetery.

d who died of drowning or who died in the open.

metery affected by development project.

.Establishing new cemetery, hang maring or hang mading. CHAPTER VII ADOPTION

option by custom.

tion.

opted child; etc.

n and distribution of property.

al .

CHAPTER VIII MISCELLANEOUS

ach of other Kayan and Kenyah customs.

127

he context of this Adet-

nduct, manners, con?ventions and customary laws;

ce and a small knob; and is considered a valuable and prestigious item used in vario

la' nyeman);

s of the household and their property (Kenyah, lamin);

uity of that particular apartment (Kenyah, lamin puun);-

den owned by different owners (Kenyah, dip saang);

oman to denote their engagement; in the Marudi District, the term for this transactio

nce, such as a tiger tooth (ipen lejau) and feathers of honorific birds (kirep manuk tinga

128

ership over an item or a property, such as a piece of land, a site for a house, a

the immediate family or close relatives of the widow's or widower's late husband

or settling disputes (Kenyah, nyatap); adopted child in the presence of the Maren Uma or Paren Uma' and longhouse elders

as wild boar or deer;

"bulak" (Kayan-Kenyah) means to migrate from one longhouse to another (Keny

129

en Uma or Paren Uma' and the people of the longhouse (Kenyah, buau sala');

ed sexual intercourse during the widowhood or widowerhood prohibition period, to the

r the Subordinate Courts Act 1948 (Act 92) or the Courts of Judicature Act 1964 (Act 91

so as to cause misunderstanding and quarrel between them (Kenyah, dawu aang);

m, an heirloom or goods jointly owned by members of an amin-family (Kenyah, imba or g

item, an heirloom or goods exclusively owned by a particular individual member of an

em, an heirloom or goods jointly owned by a married couple and their offspring who ar

"daven ketalau" means a ritual item used in ritual ceremony for worship (Kenyah

130

eirloom or goods (Kenyah, galen i'ut);

a house (Kenyah, galen tageng);

both arms outstretched, which is equivalent to 1.8 metres;

d under the custody of the Maren Lima or Paren Uma' as a pledge of good behaviour

emung);

lah for a breach of customs (Kenyah, yap);

es considered as the lower aris?tocrats (Kenyah, keta'u);

used as engagement token, marriage gifts and other social transactions (Kenyah, ino')

o the woman to denote their engagement; in Belaga District, mu /o' means the gifts g

's family during the first visit of the bride to the bridegroom's amin;

131

d by accident, negligence or other causes (Kenyah, keliwa lasat);

other person (Kenyah, kelunan ngenyan);

dower to strengthen their spirits and to protect them from misfortune and harm or a

i-Pertua Negeri under the terms and conditions of service for Ketua Masyarakat (Gover

given by the bridegroom to the bride's family when the bride takes up permanent resid

one "Iali" shall be equivalent to one Malaysian ringgit (RM1.00);

132

o strengthen his spirit and to protect him from misfortune and harm when he is assigne

ila is also used by the Kayan;

oken in the form of an item given by the offender to the injured party for an offence rel

halo', lukut selcala', which are used as engagement token, marriage gifts or other socia

h of the long-house gallery obstructing the passageway of the longhouse gallery (Kenyah, m

uma to the Maren Uma or Paren Uma' (Kenyah, maap);

ich is used as a marriage gift or in other social transactions as well as an item provide

malat buk" means a ceremonial sword commonly known in Sarawak as parang ilang wh

133

well as an itr,-.1 provided by the offender to the injured party as pelah fol a breach of cu

h, palo);

e Kayan social stratification and who form the ruling class in the longhouse; the Maren

nghouse (Kenyah, Paren Uma');

ter the ra); er the boundary of a farm (Kenyah, maso saang uma);

land for farming with the appropriate boundary pegs at an interval of 5 to 10 depa along

y shame', but in the context of the Adet it refers to an item given by the offender to th

r a long period of time without telling the spouse his or her whereabouts (Kenyah,

own part of the amin apartment without prior consultation with the Maren Uma (Kenyah, m

son away from the longhouse (Kenyah, ngua icelunan);

without permission; in the context of the Adet, it means to elope (Kenyah, megung);

utet amin" means to pull down the amin apartment so as to create a gap in the middle o

134

in apartment (Kenyah, metep lamin);

u te');

ention of showing anger (Kenyah, pelejap senawan);

tention of showing anger (Kenyah, pelejap suka');

of showing anger (Kenyah, nasa' nding);

r a hut with the intention of showing anger (Kenyah, pelejap can);

al destruction or by burning (Kenyah, ngeja'at lepau uma);

ach the widowhood or widowerhood prohibition period by getting married or by having sex

135

they bring ill luck and disgrace to the immediate family members concerned as wel

of the house to show anger (Kenyah, nasa' taso');

k-up of an p putu); the mat" but in the context of the Adet, it means to behave pro?miscuously with a

a woman usually in the dark or at night with the intention of having illicit sexual interc

trees and other dry under brush along the boundary of adjacent farms (Kenyah, nga

an apartment in the absence of the owner with the intention of taking away or disturb

up post-marital residence, either with the bride's family or the bridegroom's family; (Kenyah, pen guman anak);
-

on (Kenyah, panyi);

of labour among members of the longhouse (Kenyah, senguyun);

yah, palo);

"pan yin" (Kayan-Kenyah) means the commoners or the stratum immediately be

136

s (Kenyah, pekeju nuat);

process of engage?ment and wedding (Kenyah, pemong selem);

dence, either with the bride's family or with the bridegroom's family;

a valuable article provided by the "offender" to the injured party to atone for a misdee

he offenders who commit adultery; the symbolic significance of the token is that it wi

ma;

s through it (Kenyah, lewa lapa lepo');

munity to atone for a misdeed or to avert evil forces or misfortune brought about by a s

eased to be buried in a new cemetery to appease the spirit (Kenyah, pela ti hang madi

"petuyang" (Kayan-Kenyah) means adultery or to commmit adultery;

137

who have left the amin for fear of harm from the offending party; it also means the va

is kaharah (Kenyah, jekau);

' tebebe sapau);

138

eriod of one year; if the estranged spouse and the co-offender are found sleeping toge

tulat kelunan mukon);