Undang-Undang Laut Melaka gives an example, a crewman. Whether a free man, a slave, old, young, poor, rich, men and women, everyone have to contribute. Undang-Undang Melaka also known as Hukum Kanun Melaka, Undang-Undang Darat Melaka. From Wikipedia, the free encyclopedia. Intisari (abstract); Undang-Undang Laut (maritime law); Hukum Perkahwinan Islam (Islamic. Melaka: Suatu Tinjauan (Manuscript of Undang-Undang Melaka: an overview) (PDF),. Apr 2, 2018 - Undang-Undang Laut Melaka Pdf Download Free. Life in one week pdf free download, Undang undang kesehatan baru tahun 2009,.

1. Pdf Download Free For Windows 10
2. Pdf Download Free Adobe Reader
3. Undang Ketenagakerjaan

Malaysian legal history has been determined by events spanning a period of some six hundred years. Of these, three major periods were largely responsible for shaping the current Malaysian system. The first was the founding of the Melaka Sultanate at the beginning of the 15th century; second was the spread of Islam in the indigenous culture; and finally, and perhaps the most significant in modern Malaysia, was British colonial rule which brought with it constitutional government and the common law system.

Sultanate of Melaka[edit]

During the realm of the Sultanate, Melaka was an important trading port and the maintenance of law and order was crucial to its prosperity. The administration of justice was placed under the direct charge of the bendahara (or chief minister) who exercised both political and judicial functions. The temenggung (which is the commander of troops and police) was responsible for apprehending criminals, maintaining prisons and generally keeping the peace. The welfare of foreigners residing in the state was looked after by several shahbandars (harbour masters and collectors of customs).

Little is known of the legal system in those days but it is generally accepted that the law administered then was a combination of Muslim law and the 'Adat Temenggung' (patriarchal Malay customary law). The 'Adat Temengung' was the law of the Sultan or the law ordained by the rulers and later adopted in the other regions of Peninsular Malaysia. It was the basis of the law as found in Malay legal digests compiled between the 15th and 19th centuries.

The formal legal text of traditional Melaka consisted of the Undang-Undang Melaka (Laws of Melaka), variously called the Hukum Kanun Melaka and Risalat Hukum Kanun, and the Undang-Undang Laut Melaka (the Maritime Laws of Melaka).^[1] The laws as written in the legal digests went through an evolutionary process. The legal rules that eventually evolved were shaped by three main influences, namely the early non-indigenous Hindu/Buddhist tradition, Islam and the indigenous 'adat'.

European and British influence[edit]

When Melaka fell into the hands of the Portuguese from 1511 to 1641 and the Dutch from 1641 till 1786, the local people continued to practise Islamic laws and Malay customs. It could be said that the Portuguese and the Dutch laws made relatively little impact on the legal system as a whole other than the political and administrative structures.

In 1786, Britain acquired the island of Penang, the first territory in Malaysia to fall into British hands. The main preoccupation of the British administrators during the first decades after the founding of Penang, was the maintenance of some form of order and to this end, local customs and law were allowed to continue but tempered by such portions of the English law as were considered just and expedient. Some judgements meted out may seem rather strange by today's standard but it should be borne in mind that they merely reflected the harsh and often chaotic conditions of those pioneering days. Complaints and petitions were made over many years for a better system of administering justice. Finally, it came in the form of the Royal Charter of Justice of 1807. The Charter is the most significant event in Malaysian legal history as it marked the beginning of the statutory introduction of English law into this country. The Charter established the Court of Judicature of the Prince of Wales' island (as Penang was then known) to exercise jurisdiction in all civil, criminal and ecclesiastical matters. It was interpreted by the courts as introducing to Penang the law of England as it stood in 1807 insofar as it was suitable to local conditions and circumstances.

When Penang, Singapore, which was founded by the British in 1819 along with Melaka, which fell to the British as a trade-off under the Anglo-Dutch Treaty of 1824, formed the Straits Settlement in 1826, a new charter, the Charter of Justice was introduced. A new court called 'The Court of Judicature of Prince of Wales' Island, Singapore and Melaka' was created by this Charter. Penang in a sense had a second statutory reception of English law although it was the first for Singapore and Melaka. In one stroke of the pen, the Straits Settlements received a large dose of English law.

Despite the new Charter, the administration of justice was far from satisfactory. A third Charter of Justice was granted in 1855 which enabled the reorganisation of the court system. In 1867, when the administration of the Straits Settlements from India was transferred to the Colonial Office, the court system was reorganised once again. By Ordinance 5 of 1868, the Court of Judicature of Prince of Wales' Island, Singapore and Melaka was abolished. A new court known as the Supreme Court of the Straits Settlements was established. In 1873, the Supreme Court was further reorganised under four judges – the Chief Justice, the Justice of Penang, the Senior Puisne Judge and the Junior Puisne Judge. The Court of Quarter Sessions was established as a criminal court and presided over by the Senior and Junior Puisne Judges in Singapore and Penang respectively. A Court of Appeal was also constituted. By then, the judiciary had slowly evolved into its modern form.

English commercial law was formally introduced into the Straits Settlements by Section 6 of the Civil Law Ordinance, 1878. This provision, as re-enacted in the Civil Law Act, 1956 (Revised 1972), is still applicable in Penang and Melaka.

English land law was specifically excluded by sub-section 2. The whole section of this Ordinance was incorporated into the Civil Law Ordinance of 1909 and later re-enacted as Section 5 of the Civil Law Ordinance (Chap. 42 of the 1936 Revised Edition). This was the legal situation in the Straits Settlements until its dissolution in 1946 following the formation of the Malayan Union.

The statutory introduction of English law to the Federated Malay States comprising the states of Perak, Selangor, Pahang and Negeri Sembilan occurred in 1937 with the introduction of the Civil Law Enactment, 1937. The Unfederated Malay States, consisting the states of Kedah, Perlis, Kelantan, Terengganu and Johor, became part of the Federation of Malaya in 1948 and the Civil Law (Extension) Ordinance, 1951, extended the application of the Enactment to these states.

Both enactments were replaced by the Civil Law Ordinance, 1956, which applied to all eleven states of the Federation. When Malaysia was established in 1963, it became necessary to harmonise the law to take effect in Sabah and Sarawak. The 1956 Ordinance was then superseded by the Civil Law Act, 1956 (revised 1972) which came into force on 1 April 1972.

Notes[edit]

1. ^Winstedt, Richard. The Date of the Malacca Legal Codes. – The Journal of the Royal Asiatic Society of Great Britain and Ireland, No. 1/2, Apr. 1953.

Bibliography[edit]

• Undang-Undang Melaka & Undang-Undang Laut. Editor Liaw Yock Fang. Kuala Lumpur: YAYASAN KARYAWAN, 2003 (ISBN983-9510-06-1); 440 hlm.
• Liaw Yock Fang. Undang-Undang Melaka, a critical edition. Koninklijk Instituut voor Taal-, Land- en Volkenkunde, Martinus Nijhoff, The Hague, 1976.
• Undang-Undang Melaka. A Critical Edition, ed. by Liaw Yock Fang, Doctoral Thesis (Proefschrift) Leiden University, The Hague: De Nederlandsche Boek- en Steendrukkerij/ Verlagshuis S. L. Smits, 1976.
• Liaw Yock Fang, “The Undang-undang Melaka”, Melaka: The Transformation of a Malay Capital, c. 1400–1980, ed. by K. Singh Sandhu and P. Wheatley, Kuala Lumpur: Oxford University Press, 1983, vol. 1, pp. 180–94.
• Liaw Yock Fang. Naskah Undang-Undang Melaka: Suatu Tinjauan. – 'Sari' N 25. Bangi: Universiti Kebangsaan Malaysia, 2007, p. 85–94.
• Winstedt, Richard O., “The Date of the Malacca Legal Codes”, Journal of the Royal Asiatic Society of Great Britain and Ireland, 1–2 (1953): 31–3.
• Winstedt, R.O. and P.E. de Josselin de Jong, “The Maritime Laws of Malacca. Edited, with an outline translation”, Journal of the Malayan Branch of the Royal Asiatic Society, 29.3 (1956).

See also[edit]

Undang-Undang Laut Melaka (Malay for 'Maritime laws of Melaka', Jawi: آوندڠ٢ لاوت ملاك) was a legal code of Melaka Sultanate (1400-1511) that deals specifically on matters related to maritime laws and regulations, as well as nautical procedures concerning seafaring affairs of merchant vessels. The other important legal code of Melaka was the Undang-Undang Melaka ('laws of Melaka'), though it still contains certain provisions related to maritime laws, was sometime known as Undang-Undang Darat Melaka ('laws on the land of Melaka') instead. The clauses contained in the Undang-Undang Laut Melaka cover an extensive area, taking into account a wide variety of circumstances that could arise on a ship, with respect to social issues, such as slavery, adultery, murder, stealing, disrespecting an officer and negligence in carrying out duties; also, economic aspects such as tax and trade, including measurement of weight and area. The legal code also outlines a very well-structured organisation on ships, with titles of the officers are clearly specified complete with their responsibilities.^[1] In Melaka's court, matters related to the enforcement Undang-Undang Laut Melaka was placed under the authority of Laksamana ('admiral of the fleet').^[2]

Pdf Download Free For Windows 10

• 2Content

History[edit]

The actual date when the legal code was drafted remains unknown. However, based on its manuscript, the promulgation of Undang-Undang Laut Melaka was the result of a meeting of a group of Melakan nakhodas (sea captain) during the reign of Muhammad Shah (1424-1444):

Content[edit]

According to Stamford Raffles, the clauses of Undang-Undang Laut Melaka which numbered up to 20, can be grouped into four distinctive chapters:^[4]

Chapter I[edit]

1. Authority of the code.^[5]
2. Description of persons on board a vessel.^[6]
3. Of the officers and crew, their authority, duties, and the nature of their engagements - explains the administrative structure or hierarchy of power on ship. A ship is like a state or a kingdom where the nakhoda (sea captain) is the king. This power hierarchy follows successively downwards which partly described as the following:^[7]

Designation at sea	Comparative designation on land
Nakhoda (sea captain)	Raja
Juru mudi (helmsman)	Bendahara
Juru batu ('leadsman')	Temenggung
Malim (pilot)	Imam
Tukang kanan (petty officer in charge of starboard)	Sida-sida
Tukang kiri (petty officer in charge of portside)	Sida-sida
Tukang agong ('head workman')	Sida-sida
Awak-awak (crew)	Rakyat

Another position which was just as important as that of the nakhoda was that of the malim (pilot). It is rather difficult to find a comparative designation on the land, because most of his functions were-maritime related. The position of malim is often compared to that of an imam (leader of prayer group) on a ship due to his sailing skills. He was the one who decides when to set sail because he is knowledgeable about the prevailing winds, storm prediction and waves, sandbanks and corals. Clearly, the malim was the first person to give advise to the nakhoda about each voyage. The function of the juru mudi, who was the nakhoda's closest aide, was comparable to that of the bendahara ('prime minister'). The juru batu is said to have been the same status as the temenggung ('chief of public security'), this means that his role was to keep the peace on the ship and act as a judge in any dispute. This corresponds to an excerpt of Undang-Undang Laut Melaka, '….to decide right and wrong'. Undang-Undang Laut Melaka gives an example, a crewman (awak-awak) who refused to follow the orders of the tukang agong was punished by the juru batu by canning of up to seven strokes.^[8] Among other provisions in the clause are:

• Rules and procedures for the crew on the duty of berkepang (guarding the ship). Four points are mentioned for the guard to pay attention to: water getting into the ship, incoming storms and wind, enemies boarding the ship, and fire outbreaks.^[9]
• Details on the duties of muda-muda; controlling the ship's rudder, guarding the weapons, defending the ship in warfare. They also responsible as the personal guards to nakhoda in ports.^[10]
• Procedures for the crew who guarded the ship's tupai (the main of access point between deck and hold).^[11]
• Procedures on supplies (food) for the awak-awak.^[12]
• It was established that the nakhoda was responsible for providing a loan to whoever required it. This is subject to certain procedures and processes, including the repayment terms and tax levied. For example, it is stated that the person who borrows is normally tied to an agreement for three years, three months, there days.^[13]

4. Of the kiwis, or travelling merchants - in the 15th century Melaka, a system of commenda was well developed, whereby merchants would send goods in another man's ship, either in the care of some of his agents, travelling as kiwis, or entrusted to the nakhoda for a fixed return.^[14] The clause outlines the responsibilities of a kiwi especially in matters related to rental rates and rights to a petak (a partition for storing goods).^[15] The duties of the kiwi to look after the petak he rented and the time period allowed, are also mentioned in the clause . Penalties are specified for failure to fill up the rented petak within the stipulated period. A kiwi may join a ship's voyage in several ways; firstly, by renting a petak, secondly, by assisting the nakhoda with a capital of three or four tahils of gold, or by making an agreement to give 3/10 of his sales to the nakhoda. Also mentioned in this clause are the responsibilities of the maula or penghulu kiwi ('chief kiwi').^[16] The chief kiwi shall be entitled to half of the division of hold, in which the rice or provisions are stowed.^[17]

Chapter II[edit]

5. Of the divisions of a vessel - certain areas on board can only be occupied by selected people according to their status. For example, the balai lintang ('covered porch' or 'across hall') is specifically for meetings, while the balai bujur ('principal hall') is for muda-muda. The peterana lawang is reserved for the nakhoda, muda-muda and tukang agong, the awak-awak is prohibited to enter any of these three areas. The clause also mentions on other issues on petak rental and the status of the rental space should any matter arise with regard to the crew member, such as altercation, illness, criminal act and so forth.^[18]
6. Regulations for the safety of a vessel while at sea.^[19]
7. Of fire.^[20]
8. Of throwing cargo overboard - procedures of throwing the ship's cargo overboard in the event of a big storm, for the safety of the ship's crew. The cargo that need to be reduced will be thrown out depending on the rate and value owned by each passenger and shareholder of each petak.^[21]
9. Of vessel running foul of each other - rules and penalties for ships colliding at sea, especially during rainstorms. The clause also mentions the procedures taken if a ship hit 'lintang payer' (vessels anchored across the sea or rivers to collect tax); the fine had to be paid by all those sailing on the ship, whether a free man, a slave, old, young, poor, rich, men and women, everyone have to contribute.^[22]
10. Of putting into ports, and the mode of trading - procedures and regulations for trading at the ports/towns. On arrival at port, when the market was at its most favourable, the nakhoda had first right to sell his merchandise, four days before the kiwis and six days before other sailors.'^[23] The nakhoda also had the priority to offer his goods at the highest price. Anyone offering their goods at a higher price than the nakhoda could have his goods confiscated by the nakhoda after being paid only the cost price. This clause also stated that a nakhoda had to consult his officers if he wished to stop at any port which was not in the original schedule. In the same way, if he decided to cross a bay, strait, etc. he had to firstly get the consent of the juru mudi, juru batu and tukang agong.^[24]
11. Of detentions - the clause stated that: 'when the season is nearly over, and the nakhoda omits to sail, the kiwi shall wait, on his account, for seven days, after which, if the nakhoda does not proceed, and the season is over, the price paid for the petak shall be returned to the kiwis. If the kiwis are the cause of the delay, and the season is nearly over, the nakhoda shall detain the vessel seven days on their account, after which he is authorised to sail without them, if they are not ready; and no more shall be paid or done relating thereto.'^[25]
12. Of persons quitting a vessel.^[26]

Pdf Download Free Adobe Reader

Chapter III[edit]

13. Of persons who may be in distress, or who have been wrecked at sea - procedures for nakhoda who met castaways with their treasures, due to a shipwreck.^[27]
14. Of troves - procedures of distribution of confiscated treasures at sea. These procedures also followed the status categories of the beneficiaries-whether a slave, a person in debt or relative of the nakhoda. The code stated that: 'Whatever is found on the sea, whovever may discover it, is the property of the nakhoda of the vessel, who may give what he thinks proper to the persons who found it. Whatever may be found on shore by persons belonging to the vessel, at the time when they are not acting under the nakhodas orders, nor performing the duty of the vessel, even if the parties are kiwis or turun menugen, the trove shall be divided into three parts, and one-third shall appertain to the finder, and the remaining two parts become the property of the nakhoda.'^[28]
15. Of carrying off slaves from another country - procedures and laws for nakhoda who found slaves who had run away from their owners.^[29]

Chapter IV[edit]

16. Of crimes and punishments on board a vessel - penalties for those who fought and murdered on board ship including the punishment for a kiwi who tried to kill the nakhoda. There are also details of the persons who can be sentenced to death on board ship. Four types of offences can incur the death sentence;^[30]

i) Speaking offensively and being disloyal to the nakhoda.

ii) Planning or collaborating with other crew members to kill the nakhoda, kiwi, tukang or malim.

iii) A person who carries kris on board, whilst others do not.

iv) Very bad behaviour and acting disrespectfully.

17. Of disrespectful and contumacious conduct towards the nakhoda - for one who is outspoken and rude to the nakhoda or kiwi, the person can be punished, and may be killed if he retaliates with hostility.^[31]
18. Of adultery, and criminal connection with women on board a vessel - this clause is explained according to the status of the offenders, whether a free man, a slave, a single girl, a bachelor, a wife, a husband.^[32]
19. Of quarrels and dissections - the clause for those who fought on board ship.^[33]
20. Of theft.^[34]

References[edit]

1. ^Mardiana Nordin 2008, p. 18
2. ^Ahmad Sarji Abdul Hamid 2011, p. 115
3. ^Reddie 1841, p. 484
4. ^Reddie 1841, pp. 482–483
5. ^Reddie 1841, p. 482
6. ^Reddie 1841, p. 482
7. ^Mardiana Nordin 2008, p. 19
8. ^Mardiana Nordin 2008, p. 19
9. ^Mardiana Nordin 2008, p. 17
10. ^Mardiana Nordin 2008, p. 17
11. ^Mardiana Nordin 2008, p. 17
12. ^Mardiana Nordin 2008, p. 17
13. ^Mardiana Nordin 2008, pp. 16&19
14. ^Tarling 2000, p. 133
15. ^Mardiana Nordin 2008, p. 18
16. ^Mardiana Nordin 2008, pp. 16&18
17. ^Reddie 1841, pp. 485–486
18. ^Mardiana Nordin 2008, pp. 17&18
19. ^Reddie 1841, p. 483
20. ^Reddie 1841, p. 483
21. ^Mardiana Nordin 2008, p. 17
22. ^Mardiana Nordin 2008, p. 17
23. ^Tarling 2000, p. 133
24. ^Mardiana Nordin 2008, pp. 17&18
25. ^Reddie 1841, p. 486
26. ^Reddie 1841, p. 483
27. ^Mardiana Nordin 2008, p. 16
28. ^Reddie 1841, p. 487
29. ^Mardiana Nordin 2008, p. 16
30. ^Mardiana Nordin 2008, pp. 16&20
31. ^Mardiana Nordin 2008, p. 16
32. ^Mardiana Nordin 2008, p. 16
33. ^Mardiana Nordin 2008, pp. 17
34. ^Reddie 1841, p. 483

Bibliography[edit]

• Ahmad Sarji Abdul Hamid (2011), The Encyclopedia of Malaysia, 16 - The Rulers of Malaysia, Editions Didier Millet, ISBN978-981-3018-54-9
• Mardiana Nordin (2008), 'Undang-Undang Laut Melaka: A Note on Malay Maritime Law in the 15th century', Memory and knowledge of the Sea in Southeast Asia, Kuala Lumpur: Institute of Ocean and Earth Sciences (IOES), University of Malaya, ISBN978-983-9576-36-8
• Tarling, Nicholas (2000), The Cambridge History of Southeast Asia, 2, Cambridge University Press, ISBN978-052-1663-70-0
• Reddie, James (1841), An Historical view of the law of maritime commerce, W. Blackwood and sons

Undang Ketenagakerjaan