Undang-Undang Laut Melaka

Undang-Undang Laut Melaka (Malay for 'Maritime laws of Melaka', Jawi: ) 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. It was composed by a group of Melakan shipowners, most of whom were Javanese in origin. 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. In Melaka's court, matters related to the enforcement ''Undang-Undang Laut Melaka'' was placed under the authority of '' Laksamana'' ('admiral of the fleet').

History

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

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

Chapter I

1. Authority of the code.


2. Description of persons on board a vessel.


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:

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. 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.
:*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.
:*Procedures for the crew who guarded the ship's ''tupai'' (the main of access point between deck and hold).
:*Procedures on supplies (food) for the ''awak-awak''.
:*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.


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. 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). 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'). The chief ''kiwi'' shall be entitled to half of the division of hold, in which the rice or provisions are stowed.

Chapter II

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.


6. Regulations for the safety of a vessel while at sea.


7. Of fire.


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''.


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.
   
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.' 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''.


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."


12. Of persons quitting a vessel.

Chapter III

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.


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 ''nakhoda''s 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''."


15. Of carrying off slaves from another country — procedures and laws for nakhoda who found slaves who had run away from their owners.

Chapter IV

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;

::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.


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.


19. Of quarrels and dissections — the clause for those who fought on board ship.


20. Of theft.

References

Bibliography

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Legal codes
Indonesian inventions
Malaysian inventions
Malay-language literature
Jawi manuscripts
15th-century manuscripts
16th-century manuscripts
Sharia in Malaysia