It appears this discussion could become interesting.
“More interesting than what? The plight of allegedly sexually-abused children?”
Phil, what I clearly meant was that of interest is that what was applicable in 1936 is still applicable today, in most villages anyway. It is also clear in what I wrote that I was referring specifically to my village and the other more traditional villages in and around Bunutan and Ubud. I have not stated that adat remains the central or most powerful legal or moral code or law in all villages of Bali. You have made the assumption that I have made that comment, and that is not correct.
What goes on up in Bert’s area I cannot speak of as I don’t live there, nor do I have any knowledge of how the villages operate there, or how effective is adat in those villages. This is the same for you as it pertains to my village, and pertains even more to Jamie who has no idea whatsoever. What I wrote was:
“What goes on "up North" is an anjing of a different color.”
You ask,
“So - a traditional local 'law' system from the 1930s is able to adequately address 'issues' in the 21st century? I doubt it very much.”
The adat system within Balinese villages precedes the 1930’s by who knows how many centuries and a solid testament to this fact are the ancient lontars that still exist as well as the ancient murals on the ceiling of the hall of justice in Klungkung. What specific issues unique to the 21th century do you feel need to be addressed by the adat system? The abuse of children is certainly not an issue that is unique to our time.
“...I'm stunned that anyone would tolerate a village's weak justice system and walk away shaking their head [and thinking]: "well there's nothing that I can do"..
Who says that has happened? If the adat system is not working, then every Balinese is well within their right to call in the police as they see fit. If one thinks of adat as the first source of redress to legal issues, be they criminal or civil, it’s not so hard to understand.
To compare Balinese adat to sharia law in Aceh is totally inappropriate, inaccurate and misleading to anyone reading this forum who is trying to understand.
It is normal within the judicial system of most democracies that laws are made, and enforced at various levels within the greater national or federal laws. It is also normal that various communities within a greater national entity are empowered to draft laws and regulations that are applicable to that specific community.
In the US, it is not against Federal law, but rather the various state laws to commit sexual abuse, or statutory rape against under age children. Nor is it a Federal crime to commit murder excepting particular circumstances, like the assassination of a sitting president. If a case is not properly adjudicated on the state level, the victim and victim’s parents have the right to appeal to a Federal court which can overturn the decision of a state court. A very similar process exists here in Indonesia, specifically, the right of appeal to higher courts, all the way to the supreme court if necessary.
I see nothing wrong with specific traditional laws being in place within the various and culturally diverse areas of Indonesia anymore than I see a problem with diversity between the various states of the US, so long as the right of appeal and access to a higher, national court is in place. The national slogan of Indonesia is unity in diversity, not elimination of diversity.
Jamie writes,
“It must be very frustrating for westerners to witness such things and how the locals deal with the problem.”
Sorry Jamie, but that comment concludes that problems like this are never resolved, or justice served here. That is a totally false conclusion. The fact is, one never hears, except at the most local level, when similar situations have been resolved to the satisfaction of the victim as well as the victim’s parents. These cases don’t even reach the local news media and given the shame coexisting with this particular problem, the villages don’t go around broadcasting it.
I agree with your greater observation , the broader issue that the pursuit of justice in all democracies, including the US, is not always a fair or equitable process, and the outcome all too frequently leaves one wondering if justice has been served.
In a very real sense, the Balinese system of adat is very beneficial to them, and either you Phil, or Jamie would be very hard pressed to find a Balinese who would advocate the elimination of adat. Considering where you live Jamie, I can easily appreciate that you would find it hard to understand the power of community within the typical Balinese village. While families and individuals are entirely free to move away from their ancestral village to anywhere in Bali, or Indonesia, or the world for that matter, the reluctance to do so is great, and that is based on their strong animist roots, particularly ancestral. A convicted sex offender from New York can easily move to another state where he or she is unknown. As I said, a Balinese could do that as well, however, this would be most difficult. Most Balinese believe that if they abandoned their ancestors, they themselves would likely never be re-incarnated.
Another element of Balinese society that is woven into this whole discussion, but as of yet, not discussed is the Balinese belief and reliance on kharma. For the Balinese, their belief and reliance on kharma as the ultimate justice plays an essential part of their thinking as to how to go about, or what to do, when wronged by another person. Phil, please don’t misconstrue this as meaning the Balinese should do nothing when their child is sexually abused, a family member is murdered, or something like that. I am only raising this point as it is very real, and it plays an essential role in Balinese society and Balinese thought.
One will recall that after both Balinese bombings, there was absolutely no retribution played out by the Balinese against the Islamic community here in Bali. The Balinese demonstrated remarkable constraint, and addressed their anger in their own unique manner...through offerings, ceremony and prayer.
As westerners living in Bali, I strongly believe that it is incumbent upon us to equally demonstrate constraint in so far as how we attempt to influence or persuade change in virtually all aspects of Balinese society, including their laws, and regardless of how appalling a particular act we may become aware. All too many of us are all to quick to inject our western values and way of life on other cultures, not only in Bali, but the world over. The Balinese are not a barbaric or lawless people. We should trust them to deal with their issues as they see fit. If we can’t handle that, then we have no business living here. .