Materials for the Medieval History of Indonesia

Java1329.Kutara.Manawa

[about 1329-1351] Extracts from the Kutara Manawa - regulations from the Law Code of Majapahit. Slametmuljana, pp. 160-63, cf. the comments ibid., p. 104-5.

Paragraph 3
Astadusta covers eight crimes related to a murder, namely,
1. to murder an innocent man
2. to order any one to murder an innocent man
3. to hurt an innocent man
4. to eat together with a murderer
5. to follow a murderer
8. to conclude friendship with a murderer
7. to protect a murderer
8. to give aid to a murderer.
The first three out of these eight crimes are liable to incur a death sentence, the other five are of fines. [...].

Paragraph 4
The first three crimes, if proved are liable to incur a death sentence. However, if the convicted criminals appeal to the king for their lives they will be fined forty thousand. Convicted criminals who bad committed one out of the five crimes (of the second group), will be fined twenty thousand.

Paragraph 6
Any one who commits a crime, will be tried as a criminal regardless of one's rank, even if one may be a high official or minister. If he steals he is rightly a thief; if he commits a murder, he is rightly a murderer. If he is killed, the case will not be dealt with in the court, since such a crime deserves a death sentence according to the regulations, issued by the king.

Paragraph 53
To any one who steals or gives order to steal, if convicted, the judge will pass a death sentence on behalf of the king. His properties will be confiscated by the king and his family be put into custody and be fined ten thousand. If his wife proves to have incited him to steal, she is liable to incur a death sentence like her husband.

Paragraphs 55, 56
If a thief is caught in the act he deserves a death sentence [...]. However, if he appeals to the king to save his life, he has to pay eight thousand for his life, twenty thousand for fine, and to return the stolen goods twice its value.

Paragraph 57
If a thief is killed in a village, his head, the stolen goods, his properties and his family must be reported to the king, as required by the regulation. If his family proves to be innocent, she will not be fined, but freed immediately.

Paragraph 64
Any one who hunts in a forbidden forest, if not successful, will be fined four thousand. If successful, eight thousand; in addition he has to return twice the value of the body.

Paragraph 88
Any one who intentionally robs any thing regardless of its kind and value, is liable for a fine of twenty thousand: in addition he has to return twice the value of the stolen goods. His guilt is that he is greedy.

Paragraph 89
Any one who angrily deprives somebody of his goods regardless of its kind and value, despite a warning, he is liable for a death sentence according to the regulations. If the offence is committed at night and the offender is convicted, but appeals to the king to save his life, he has to pay forty thousand. In addition he has to return twice the value of the goods he has stolen. The fine must be brought to the king.

Paragraph 91
Any one who forcefully breaks same body’s wall and challenges its owner, will be dealt with like a thief and is liable for a death sentence. Anyone who destroys another man's door and challenges its owner, at night, he is liable for a death sentence. If it happens by day, he is liable for a fine of forty thousand.

Paragraph 98
If a buffalo or a cow is pregnant in pawn, the young will belong to the owner, not to the pawnbroker, since the latter is only entitled to take benefit of its force. He is not entitled to appropriate any thing within the pawned goods. Hopefully every one will abide by this regulation.

Paragraph 102
Any one who pawns a piece of land to two different people at the same time, he is liable for a fine of twenty thousand. The first pawn broker is entitled to take use of the landed property concerned.

Paragraph 117
Before going to a money-lender and signing an agreement one is advised to take a bath first, to have a clear and fresh sight. The loan days are fixed on Monday and Thursday only. The agreement to be signed must state: the name and address of the borrower: the date of the loan: its sum, its monthly interest and the name of a witness. This loan agreement, called pawitan, will be kept by the money lender.

Paragraph 118
If a money lender has no longer such a loan document, nor a witness, nor a duplicate of a receipt of Interest, he will have lost his money. A money-lender must keep in mind that first a witness, second a written agreement and third a duplicate of a receipt of interest are real loan proofs. Among them a witness is the weakest and a receipt of interest is the strongest. If he is in possession of all these three loan proofs, he is entitled to ask payment of interest for generations.

Paragraph 122
The monthly interest of a loan of a thousand permitted by the regulations, is normally between twenty and forty, it may not exceed fifty. lt depends o the condition of the borrower.

Paragraph 128
A debtor who pays late the interest as required by the agreement, is liable to make a double payment.

Paragraph 129
After being paid oft, all loan documents should be torn by the money lender before the debtor (better before a witness to) as a sign that the loan is finished.

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first adaptation 10.04.2009 Jürgen Sarnowsky / revised 10.04.2009 /
first draft, not proofread /