Truth, Justice and Harmony

JAMIE

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Apr 20, 2005
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BERGEN COUNTY NJ USA
SAN ...Thanks for the responce and sheaping some light on the village mentality for me . It must be very frustrating for westerners to witness such things and how the locals deal with the problem . Im much cooler on the subject today , and my heart goes out to this young girl . I know this type of justice system isnt a indo only problem and it happens all over the world . Its just breaks my heart to hear this type of story , we humans can be such animals and for that i have shame for us . thanks again jamie
 

Roy

Active Member
Nov 5, 2002
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Ubud, Bali
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. .
 

Sanurian

Active Member
Sep 28, 2004
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Sanur
Well, Roy:

...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...

Maybe they should broadcast it and get over their village 'shame'. And how exactly do people 'resolve' these situations to everybody's satisfaction? Given that you suggest it's too embarrassing to even publicly acknowledge, how can anyone know the outcomes? Rely on gossip in tiny warungs?

We all know this is neither a new problem nor unique to any particular region of Indonesia. And we also know it still goes on. I'm not saying it happens in your village, but if it did, what would happen to the offender and what steps would be taken to prevent it from re-occurring?

...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...

Is it really (inappropriate), if that's what I was doing? I believe I have a fair idea of the differences between fundamentalist Islam and Bali Hinduism. I can also detect some 'similarities', in that both creeds allow for people to take the law into their own hands, when deemed to be fitting. I know of instances in Bali where robbers were killed for stealing some chickens, for example. Do you think a punishment like that suits the crime? I don't. I also know of police investigations that failed to make any progress because villages would clam-up. I don't think that's right, either.

:evil:
 

Roy

Active Member
Nov 5, 2002
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Ubud, Bali
Phil writes,

“Maybe they should broadcast it and get over their village 'shame'. And how exactly do people 'resolve' these situations to everybody's satisfaction? Given that you suggest it's too embarrassing to even publicly acknowledge, how can anyone know the outcomes? Rely on gossip in tiny warungs?”

Phil, you have been in Bali long enough to be to answer your own question. For a village to broadcast its problems would only increase the level of shame and embarrassment. Moreover, in this particular situation don’t you think it’s better if the privacy of the victim and her family take precedence over any potential gain of making it public and known to all?

How these or any situations are resolved with the village adat depends on all the mitigating factors. The point is to seek resolution to the satisfaction of the offended persons. If those who are offended are satisfied with the resolution, then the matter is closed. If those offended persons are not satisfied by the proposed adat resolution, then the offended persons have the option of taking it to the next level and calling in the police. Why on earth should it be the concern of the adat to make resolutions handled within the adat system public beyond adat members?

“I'm not saying it happens in your village, but if it did, what would happen to the offender and what steps would be taken to prevent it from re-occurring?”

I have no idea what would happen. As I already said, a lot would depend on the circumstances. As to what steps would be taken to prevent it from re-occurring, I assume you mean re-occurring by the same perpetrator? If so, I have no doubts that unless this perp has a death wish, that would not be a problem. Anyone who has lived in a village knows it’s like living in a fish bowl.

Even if the perp and the victim are not from the same village, thus under different adat, the adat system can work very effectively. In that event, the head of the village of the victim would report the matter to the head of the village of the accused and the process of seeking resolution would continue.

Phil, as I’ve said all along on this string, the adat within a village is only the first step. It is not the only recourse available for victims of any wrong doing or criminal acts. The absence of hearing about confirmed cases of successful resolutions is not an indication that the village adat system does not work. I would argue that the Balinese adat system is the most effective deterrent against crime in Balinese society. If you don’t believe me, then just bring this topic up with a Balinese policeman.

In my going on eight years in Bunutan, the police have been called here only once, by the head of our village to investigate a suicide, and visited here one other time in relation to a drug investigation. Trust me, whenever the police are in a small village, the whole village knows within a few minutes. You may call that gossip, but I prefer to call it the very effective coconut telegraph.

As for discussing any similarities, or the vast differences between Islamic sharia law and Balinese adat, you can count me out. I learned a long time ago there is little to be gained by comparing or contrasting apples to oranges.
 

Sanurian

Active Member
Sep 28, 2004
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Sanur
Hi Roy:

...in this particular situation don’t you think it’s better if the privacy of the victim and her family take precedence over any potential gain of making it public and known to all?...

Quite frankly, no, I don't. It just sounds to me like an exercise in sweeping dirt under the carpet.

...Why on earth should it be the concern of the adat to make resolutions handled within the adat system public beyond adat members?...

Because all the other villages need to know what's happened and maybe they can compare their responses, to figure out the 'best' action. In other words, perhaps everybody can learn something as a result, rather than trying to hide behind (mud)-brick walls.

Sure, I've been here long enough to answer my own questions, but that's not the point. The Balinese have been here much longer. Why can't they pose their own questions regarding matters like this and share their answers in a transparent way?

:roll:
 

Roy

Active Member
Nov 5, 2002
4,835
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Ubud, Bali
Hi Phil!

Phil, you can bet your last rupiah the family and the victim of this situation would dearly like to keep this matter as quiet as possible. In western cultures, the victims of child abuse, and even adult age rape often chose to not report the incident. At least within the adat of a banjar, there is a good chance the matter could be handled with justice for the victim, to the victim’s satisfaction, and their anonymity preserved. That is not sweeping dirt under the carpet, rather it is plain common sense, again understanding that the victim has a right to call in Polda if they want.

Why you insist that if a banjar’s adat can handle the situation to the satisfaction of the victim is tantamount to sweeping the matter under a carpet, or hiding behind mud brick walls is beyond my comprehension to understand. I don't see it that way at all.


“Why can't they pose their own questions regarding matters like this and share their answers in a transparent way?”

Because Phil, it is the Balinese way to handle their affairs the Balinese way! I’ve already elaborated quite a lot on what goes into the Balinese sense of justice in previous posts here on this string. The fact that you or any other westerner doesn’t like it, or approve of it, doesn’t mean a flip to them, nor should it, in my view.

If it is your opinion that adat doesn’t work in Bali, so be it. You are entitled to that opinion. As I said before, you won’t find many Balinese, if any, to agree with you. Rising up in righteous indignation for what you see as inequity in the Balinese justice system is not your place, unless of course it is you or yours who is the victim. It is not up to you, me, or any other westerner to dictate or lecture the Balinese on our own western ideology of justice. It is this point that I see as the central core of this discussion.
 
A similar thing happened 6 years ago in my local village but it involved a local expat kid who got abused by a Balinese man. She was just 6 years old. The local village gave him the choice of village justice, where they said he would be paraded around the village and given a good beating, or you can call the police. The expat choose the police. The police asked for money so they could send the underwear to Surabaya for testing. Poor parents then had to pay money to police to follow thro with this. The guy got off with a sentence of only 4 years and was out after just two.

I know what justice I would choose and I would be the first to give him a good beating.
 

Sanurian

Active Member
Sep 28, 2004
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Sanur
A short response to Roy:

...If it is your opinion that adat doesn’t work in Bali, so be it. You are entitled to that opinion. As I said before, you won’t find many Balinese, if any, to agree with you...

I understand where your own perceptions about Balinese come from. I respect that and wish you and your family all the very best.

If, in my opinion, (one who doesn't know shit from mud-bricks), adat "doesn't work" these days, that's just my opinion, based upon my own experiences and those of others I know who have married into Balinese families, etc.
If there are no Balinese to agree with me about the alleged short-comings of adat, I won't lose any sleep about that. (I wouldn't be surprised, either.) I know quite a few Balinese who are not happy with their lives in Bali. Dreaming and scheming to figure out ways to 'escape'. But Bali is a tiny island, after all, and the escape options are fraught with difficulties.

I see our world as one hurling rock flying through space, with people on it. A bit like a bus with too many passengers, and no perceivable destination. One World...even One Bus. The Balinese passengers amongst us constitute an extremely tiny proportion of the passengers. We're all of us, on this bus, and we call it Home.

Various notions about Race, Religion and Politics are what often put distance between us as humans. "Cultures" are "real", too. RRP wrapped up in digestible bundles, trying to make shared sense of the meaning of existence.

Blind faith in a bunch of ancient writings on palm leaves, ("sacred lontar"), that most Balinese have neither read nor had access to, is no guarantee that there's actually anything in them of any worth, especially in the world we live in now. And I bet you haven't read them, either.

Child sexual abuse, adult rape, plain or exotic murder, still happen on a daily basis everywhere. Nothing new there. Attempts to hide, flee or bury the truth are nothing new, too. Nor suggestions that Village X has it's own ways of dealing with the unthinkable. I still call it bullshit, and don't give a rat's arse how many banana/palm leaves of ancient mumbo-jumbo pseudo Sanskrit writings exist in some fungus-ridden "library" in Singaraja.

Historically, the greatest collection of human knowledge, (for the time), was the Museum of Alexandria, in ancient Egypt. The ultimate destruction of that repository of knowledge by various wackos of the time, helped to fuel the so-called Dark Ages of the Western world. In one of my dreams, I have a library borrowing card for Alexandria, and meet Hypatia, the last scientist who worked there (mathematician, astronomer, physicist, philosopher and dream girlfriend of Carl Sagan).

There was a guy at the time called Cyril, the Archbishop of Alexandria. Whatever crap was going down at the time (the year 415), Cyril saw Hypatia as a threat.

From Sagan's book called "Cosmos":

...on her way to work, she was set upon by a fanatical mob of Cyril's parishioners. They dragged her from her chariot, tore off her clothes, and, armed with abalone shells, flayed her flesh from her bones. Her remains were burned, her works obliterated, her name forgotten. Cyril was made a saint...

A chilling paragraph for me to read, at any time.

I was going to try and make connections between that story and what's happening in the world today. Maybe another time.

Bottom line (for me):
Child sex abuse is not on, ever. No excuse. No dilly-dallying. Just get real about it and burn useless lontar if they get in the way.

I saw this the other day which appealed to me:

...Bad things happen when good people do nothing...

Couldn't have said it better myself.


:oops:
 

tintin

Well-Known Member
Sep 13, 2005
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I believe the problem goes beyond the adat! :cry:

From Bali Update,

The Growing Problem of Pedophilia in Bali
==================================================

UNICEF Sponsored Workshop in Nusa Dua Highlight Growing Problem of Commercial and Sexual Exploitation of Children in Bali.

Experts speaking at a UNICEF-sponsored seminar held in Nusa Dua on December 4, 2006, warned that the incidence of sexual exploitation of children is expanding at an alarming rate in Bali.

Speaking at a Workshop of the Sexual Exploitation and Commercialization of Children, Anna-Karin Jatfor, an expert staff of UNICEF, admitted that monitoring such activity is problematic, although the government has sufficient information to attack the root causes of the problem.

The workshop reported that many under-aged sex workers are in evidence on Bali streets, night clubs, entertainment centers and hotels. According to Jatfors, young people who drop out from school are mong those most susceptible to commercialization and sexual exploitation.

She went on to warn that the intensification of pedophilic activities in the tourism sector is obvious, with sophisticated crime syndicates now involved in the illicit trade of children. The UN expert also warned that what can be seen of the trade in children only touches the tip of a much larger, less visible iceberg.

While there have recently been a number of high-profile prosecutions of pedophiles in Indonesia, Jatfors said a much more intense effort is needed to wipe out this practice in Lombok and Bali which has become a target for Australian pedophiles. She estimated some 10,000 children in Indonesia have already fallen prey to sexual exploitation or sexual violence over the past few years, with most cases still going unreported.

Both a Local and Foreign Element to the Problem

According to Bali police official speaking at the meeting, 27 cases of pedophilia had been handled in Bali since 2005. While all cases initially involved only foreigners, recent cases have also established similar crimes committed against children by Bali's endemic population.

The Police Official, Sang Ayu Putu Alit, told the meeting: "I must underline that the perpetrators of pedophilia are no longer limited to foreigners, but now also includes our own people. This condition must receive our serious attention."
 

Roy

Active Member
Nov 5, 2002
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Ubud, Bali
The Police Official, Sang Ayu Putu Alit, told the meeting: "I must underline that the perpetrators of pedophilia are no longer limited to foreigners, but now also includes our own people. This condition must receive our serious attention."

That’s a rather absurd comment, don’t you think? It strongly implies that only recently has pedophilia within indigenous Balinese become an issue, viz, “but now also includes our own people.” That is simply not true. What is true is that only until recently have the police been made more aware of pedophilia within the Balinese population due to the increase of cases reported to them by the Balinese.

Without sound and accurate statistics, this can only be dealt with as heresy, conjecture and opinion. I highly doubt that pedophilia is on the rise amongst the Balinese. What is on the rise is the number of cases that get reported to the police. Only then do those reported cases become public record.

What is potentially disturbing with this trend is that which is inferred, that being that the effectiveness of adat in some areas of Balinese is waning. However, it could also infer that within some banjars of Bali, village adat is evolving in that more reliance on the police is utilized to settle matters which are now deemed as criminal activity.

Another aspect of this whole discussion which has not yet been addressed is, what constitutes pedophilia among the Balinese, and how do they define their sexuality? It was not that long ago in Balinese society that a girl, who once having had her first period was considered old enough to marry. Incidentally, this was also the case at one time or another in virtually all current “civilized” western society.

There are a great many complex issues and influences that are involved here but I have no doubt that the role of adat within the Balinese banjar system constitutes the greatest deterrent to any form of criminal behavior among the Balinese.

Are there any Balinese out there who would disagree with me?
 

tintin

Well-Known Member
Sep 13, 2005
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Roy,

I am not Balinese so I wont disagree with you. Actually, your above comments are all well taken, so even if I were Balinese I would have to agree with your points.
 
The last thing you do in Bali is go to the ......, that’s if you want justice. I'm all for Adat as that is so less corrupted and in fact in most cases not corrupted. Western people find this difficult as it is so foreign to them. Roy shows how much he adapted to life here and excepts this way and I couldn’t agree more with him.
 

Roy

Active Member
Nov 5, 2002
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Ubud, Bali
Richard, many thanks for your “vote of confidence” and your kind words. Truth be told though, I should carry your bags. After all, you are among only a select few “used to be” expats that have made the ultimate move to Bali...that being full Indonesian citizenship.

When it comes to adapting to Balinese culture, or adopting Bali as home, what greater indication of resolve can be found beyond that?

If I were a betting man, I’d likely bet this string is just about over and done with. Hopefully, with all the insight shared here, most readers have gained something.