Undang-Undang Laut Melaka

History

Content

Chapter I

1. Authority of the code.
2. Description of persons on board a vessel.
3. Of the officers and crew, their authority, duties, and the nature of their engagements - explains the administrative structure or hierarchy of power on ship. A ship is like a state or a kingdom where the nakhoda is the king. This power hierarchy follows successively downwards which partly described as the following:

Designation at sea	Comparative designation on land
Nakhoda	Raja
Juru mudi	Bendahara
Juru batu	Temenggung
Malim	Imam
Tukang kanan	Sida-sida
Tukang kiri	Sida-sida
Tukang agong	Sida-sida
Awak-awak	Rakyat


Another position which was just as important as that of the nakhoda was that of the malim. It is rather difficult to find a comparative designation on the land, because most of his functions were-maritime related. The position of malim is often compared to that of an imam on a ship due to his sailing skills. He was the one who decides when to set sail because he is knowledgeable about the prevailing winds, storm prediction and waves, sandbanks and corals. Clearly, the malim was the first person to give advise to the nakhoda about each voyage. The function of the juru mudi, who was the nakhoda's closest aide, was comparable to that of the bendahara. The juru batu is said to have been the same status as the temenggung, this means that his role was to keep the peace on the ship and act as a judge in any dispute. This corresponds to an excerpt of Undang-Undang Laut Melaka, "….to decide right and wrong". Undang-Undang Laut Melaka gives an example, a crewman who refused to follow the orders of the tukang agong was punished by the juru batu by canning of up to seven strokes. Among other provisions in the clause are:

4. Of the kiwis, or travelling merchants - in the 15th century Melaka, a system of commenda was well developed, whereby merchants would send goods in another man's ship, either in the care of some of his agents, travelling as kiwis, or entrusted to the nakhoda for a fixed return. The clause outlines the responsibilities of a kiwi especially in matters related to rental rates and rights to a petak. The duties of the kiwi to look after the petak he rented and the time period allowed, are also mentioned in the clause. Penalties are specified for failure to fill up the rented petak within the stipulated period. A kiwi may join a ship's voyage in several ways; firstly, by renting a petak, secondly, by assisting the nakhoda with a capital of three or four tahils of gold, or by making an agreement to give 3/10 of his sales to the nakhoda. Also mentioned in this clause are the responsibilities of the maula or penghulu kiwi. The chief kiwi shall be entitled to half of the division of hold, in which the rice or provisions are stowed.

Chapter II

1. Of the divisions of a vessel - certain areas on board can only be occupied by selected people according to their status. For example, the balai lintang is specifically for meetings, while the balai bujur is for muda-muda. The peterana lawang is reserved for the nakhoda, muda-muda and tukang agong, the awak-awak is prohibited to enter any of these three areas. The clause also mentions on other issues on petak rental and the status of the rental space should any matter arise with regard to the crew member, such as altercation, illness, criminal act and so forth.
2. Regulations for the safety of a vessel while at sea.
3. Of fire.
4. Of throwing cargo overboard - procedures of throwing the ship's cargo overboard in the event of a big storm, for the safety of the ship's crew. The cargo that need to be reduced will be thrown out depending on the rate and value owned by each passenger and shareholder of each petak.
5. Of vessel running foul of each other - rules and penalties for ships colliding at sea, especially during rainstorms. The clause also mentions the procedures taken if a ship hit 'lintang payer' ; the fine had to be paid by all those sailing on the ship, whether a free man, a slave, old, young, poor, rich, men and women, everyone have to contribute.
   
6. Of putting into ports, and the mode of trading - procedures and regulations for trading at the ports/towns. On arrival at port, when the market was at its most favourable, the nakhoda had first right to sell his merchandise, four days before the kiwis and six days before other sailors.' The nakhoda also had the priority to offer his goods at the highest price. Anyone offering their goods at a higher price than the nakhoda could have his goods confiscated by the nakhoda after being paid only the cost price. This clause also stated that a nakhoda had to consult his officers if he wished to stop at any port which was not in the original schedule. In the same way, if he decided to cross a bay, strait, etc. he had to firstly get the consent of the juru mudi, juru batu and tukang agong.
7. Of detentions - the clause stated that: "when the season is nearly over, and the nakhoda omits to sail, the kiwi shall wait, on his account, for seven days, after which, if the nakhoda does not proceed, and the season is over, the price paid for the petak shall be returned to the kiwis. If the kiwis are the cause of the delay, and the season is nearly over, the nakhoda shall detain the vessel seven days on their account, after which he is authorised to sail without them, if they are not ready; and no more shall be paid or done relating thereto."
8. Of persons quitting a vessel.

Chapter III

1. Of persons who may be in distress, or who have been wrecked at sea - procedures for nakhoda who met castaways with their treasures, due to a shipwreck.
2. Of troves - procedures of distribution of confiscated treasures at sea. These procedures also followed the status categories of the beneficiaries-whether a slave, a person in debt or relative of the nakhoda. The code stated that: "Whatever is found on the sea, whovever may discover it, is the property of the nakhoda of the vessel, who may give what he thinks proper to the persons who found it. Whatever may be found on shore by persons belonging to the vessel, at the time when they are not acting under the nakhodas orders, nor performing the duty of the vessel, even if the parties are kiwis or turun menugen, the trove shall be divided into three parts, and one-third shall appertain to the finder, and the remaining two parts become the property of the nakhoda."
3. Of carrying off slaves from another country - procedures and laws for nakhoda who found slaves who had run away from their owners.

Chapter IV

1. Of crimes and punishments on board a vessel - penalties for those who fought and murdered on board ship including the punishment for a kiwi who tried to kill the nakhoda. There are also details of the persons who can be sentenced to death on board ship. Four types of offences can incur the death sentence;


2. Of disrespectful and contumacious conduct towards the nakhoda - for one who is outspoken and rude to the nakhoda or kiwi, the person can be punished, and may be killed if he retaliates with hostility.
3. Of adultery, and criminal connection with women on board a vessel - this clause is explained according to the status of the offenders, whether a free man, a slave, a single girl, a bachelor, a wife, a husband.
4. Of quarrels and dissections - the clause for those who fought on board ship.
5. Of theft.