Minister: Proposed RM500 fine under ‘Chelap Dapur’ law is only example, not full-fledged State law

Dato Sri John Sikie Tayai.
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By DayakDaily Team

KUCHING, Nov 29: The proposed RM500 fine under the ‘Chelap Dapur’ law is an example of the new approach to the reinterpretation of Adat Iban to be carried out by Majlis Adat Istiadat Sarawak (MAIS).

In clarifying this, the Minister in the Premier’s Department Dato Sri John Sikie Tayai said the reinterpretation of Adat Chelap Dapur, in his speech during the Sarawak Legislative Assembly (DUS) sitting on Nov 18, is not an Adat yet and not even a proposal of Adat to be recodified.

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According to him, community leaders during various engagement sessions organised by Majlis Adat Istiadat Sarawak have requested for the quantum of ‘tunggu’ and fine in Adat Iban to be increased.

“I mentioned ‘an example of fine under the Adat Chelap Dapur’ as ‘not exceeding RM500’. This is just an example to provide an insight into a system of ‘tunggu’ or fine where a minimum and maximum penalty is fixed.

“Under this system, the court or Tuai Rumah has a discretion to ‘tunggu’ or fine a defaulter according to the seriousness of the offence. The court may impose RM1.00 or RM500 or any amount in between,” he explained.

Sikie said the department also welcomes any suggestions or feedback to further improve the fine.

He pointed out that there may be some provisions that would allow any community to make its own Adat if the codified Adat is not relevant to the community or for some other reason the Adat is not suitable to the community.

“An example would be the fixing of fees for non-participation in communal activities such as funeral wakes, weddings, and community work,” he added.

On Nov 26, political analyst Prof Datuk Dr Jayum Jawan questioned the need to legislate the ‘Chelap Dapur’ law and cited the risk of undermining the Ibans’ autonomy if mishandled.

On the same note, Sikie said MAIS has no power to make Adat because the Adat must come from the community or communities to which Adat belong.

He said MAIS only assists in the drafting of the codification of Adat into the Code of Adat and once completed, it would be presented to community leaders or Ketua Kaum dan Ketua Masyarakat (KMKK) for consent.

“The consented draft would then be presented and tabled before the Mesyuarat Majlis Kerajaan Negeri (MMKN) for consideration and approval. After approval is obtained from MMKM, the Adat would be published and printed as full-fledged State law,” he added. — DayakDaily

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