By DayakDaily Team
KUCHING, Aug 11: The revived institution of Tuai Adat should be synchronised with the state-sanctioned Majlis Adat Istiadat Sarawak (MAIS) to strengthen the preservation and codification of indigenous laws and customs, says Datuk Prof Dr Jayum Anak Jawan.
In a recent statement, he proposed that Tuai Adat be established as a body either within or outside MAIS, with greater authority in matters concerning indigenous customary law.
“Under such an arrangement, MAIS would refer matters involving adat to Tuai Adat before they are taken forward for legislation, ensuring that decisions are guided by those with deep knowledge of the customary law system,” he said.
Jayum, who is a Fellow of the Academy of Sciences Malaysia and the Institution of Malay Rulers Chair at UNIMAS, as well as an Adjunct Professor at the Institute of Borneo Studies, UNIMAS, made the proposal following the Tun Jugah Foundation’s decision to revive and institutionalise the Tuai Adat title, which he described as one of the most significant steps taken by the foundation since its formation.
The foundation has named Dato Sri Edmund Langgu Saga as the inaugural Tuai Adat, a choice Jayum regarded as appropriate given Langgu’s lifelong exposure to Iban adat and extensive public service experience.
Langgu previously served in government, represented Saratok as an elected legislator and was a deputy federal minister.
However, for Jayum, the significance of the appointment extends beyond the individual holder. He argued that the revived institution must be given a meaningful role within the wider system governing indigenous customs.
“Tuai Adat was once a strategic institution in the Iban adat system, with its holder consulted on customs, traditions and the validity of decisions involving conflicts and transgressions.
“Its role was not simply to determine wrongdoing or punishment. Traditional Iban conflict resolution also sought to restore peace between disputing parties and bring back a balance that may have been disturbed by the conflict,” he said.
Over time, institutions such as Tuai Adat, Tuai Burong and Tuai Kayau became less prominent as state-sanctioned structures took on greater administrative roles.
The development of positions such as Penghulu, Pemanca and Temenggong, together with the establishment of MAIS, marked a shift towards a more formal State-sanctioned structure for managing indigenous customs.
MAIS serves the Iban, Bidayuh and Orang Ulu communities, but the academician questioned whether a state-sanctioned administrative structure alone could adequately provide the depth of customary knowledge required to oversee indigenous laws.
“The former (Tuai Adat) should be more authoritative as its creation is based on the deep knowledge of the office and its holder compared to the latter (MAIS), which is state-sanctioned and filled with bureaucrats that may or likely may not have deep knowledge about the adat law and system it is managing,” he said.
He also questioned whether the chief executive of MAIS possessed sufficiently broad knowledge of indigenous customary law to steer the council effectively.
At the same time, he cautioned against allowing the two institutions to develop into competing centres of authority.
“If their respective roles and powers are not clearly defined, the result could be a contest between institutional power and customary authority,” he said.
He said trengthening the Tuai Adat institution alongside MAIS would therefore provide a clearer framework for preserving, developing and codifying indigenous laws and customs, while ensuring that traditional knowledge remains central to decisions affecting the communities concerned. — DayakDaily
