Starting Point
Penghulu Julia has held the position of Penghulu for the Tamin Sub-district since 2023. Prior to her appointment, she served as the Tuai Rumah (headwoman) of a longhouse that comprised 40 families. In her capacity as Tuai Rumah, she was responsible for overseeing the social affairs of her anaembiak—the families under her leadership within the longhouse. As Penghulu, her responsibilities have considerably expanded, encompassing the oversight of 21 longhouses, which collectively house 2,815 families. Before delving into the roles of the Penghulu, it is essential to first define community leadership within the context of Sarawak. A community leader is a local figure who holds a title according to their respective ethnicity, such as village headman, Tuai Rumah or Tuai Uma, Kapitan, Maren Uma and other community leaders. These community leaders are appointed by the Resident of the division, who serves as the chairperson of the Selection Panel for Community and Ethnic Leaders (PKO-PBS-11).
In modern Sarawak, the title of Temenggong was first conferred by the third Rajah, Sir Vyner Brooke, upon Penghulu Koh of Balleh in 1924. The earliest appointment of a Penghulu occurred in the late 1870s in Saribas. Prior to this, Iban chiefs were known as Tuai. The position of penghulu was created by Charles Brooke in his efforts to unite the Ibans within a riverine system and thus not strictly a traditional institution but an extension and formalization of pre-Brooke and Iban cooperation. The penghulus were given the authority over these Ibans from various longhouses under his/her jurisdiction. The responsibilities of the Penghulu closely mirrored those of the Iban chiefs, particularly in maintaining order and enforcing customary law. The Penghulus are responsible for resolving disputes within their community, presiding over and maintaining order within their jurisdiction, which typically took place in the Mahkamah Adat Bumiputera (Native Customary Court), and have the authority to impose penalties on the parties involved. Additionally, the Penghulu acts as an intermediary between the longhouse community and the government. In contemporary times, these roles have evolved to include supporting government development and administrative policies, liaising between the people and the government, promoting national unity, and preserving the culture and traditions of the community.
Adat, or Native Customary Laws, and the Native Court System—At the community level, conflict mediation among Sarawak's native peoples is governed by their customary laws, known as adat. Adat plays a crucial role in regulating the way of life of the indigenous peoples of Sarawak. The Native Court system in Sarawak differs significantly from that of Sabah. The Sarawak system is more elaborate, particularly in allowing up to three appeals, compared to Sabah, where only one appeal is permitted before the case progresses to the respective Native Court of Appeal.
The formal structure of the Native Court administration in Sarawak was established in 1955 with the enactment of the Native Courts Ordinance and the Native Customary Laws Ordinance. A key feature of the Native Court Ordinance is the creation of the Native Court of Appeal, presided over by a Judge of the High Court appointed by the Yang di-Pertua Negri, who is assisted by assessors. Prior to the establishment of the Native Court of Appeal, the administration of Native Customary Laws was managed by the Resident’s offices throughout the state, and the application of these laws was primarily an administrative, rather than a judicial function. This remains characteristic of the lower-level Native Courts, although at the level of the Native Court of Appeal, elements of common law began to influence the process, leading to the development of general principles through judicial precedents. This shift towards formalisation and codification of the Native Customary Laws was recognised in the early 1950s.
In 1992, the Native Courts Ordinance replaced the 1955 Ordinance, establishing a system of Native Courts in both Sarawak and Sabah to adjudicate disputes among natives. The 1992 Ordinance also delineated the powers, jurisdiction, and constitution of the Native Courts. In Sarawak, the hierarchy of the Native Courts includes the Headman’s Court, Chief’s Court, Chief’s Superior Court, District Native Court, Resident’s Native Court, and the Native Court of Appeal.
The current structure of Sarawak’s Native Courts is as follows: The Headman’s Court is presided over by a Headman and two assessors; the Chief’s Court by a Penghulu and two assessors; the Chief’s Superior Court by a Temenggong or Pemancha, with two assessors, or both, along with one assessor. The District Native Court is presided over by a Magistrate with two assessors, the Resident’s Native Court by a Resident with either two or four assessors, and the Native Court of Appeal by a Judge with one or more assessors.
However, the restructuring of the Native Courts in terms of organisational structure, staffing, operations, and management is currently underway, pending approval of new bills by the State Cabinet and their subsequent passage by the Sarawak Legislative Assembly. These new laws include a Native Courts Bill to replace the current Native Courts Ordinance 1992, new Native Courts Rules to replace the 1993 Rules, and two additional laws: The Native Courts Judges Appointment Council and the Native Courts Judges Remuneration Bill, which will govern the appointment and service terms of Native Court Judges. An amendment to the Majlis Adat Istiadat Sarawak (MAIS) is also needed to clarify the definition of adat.
This transformation will lead to significant changes in the Native Courts’ hierarchy and organisational development, particularly regarding operations and staffing. Under the proposed restructuring, the Native Courts will comprise two main levels: The Native Subordinate Court and the Native High Court. The Native Subordinate Court will include the Native Magistrate Court as the court of first instance, while the Native High Court will include three tiers: The Native High Court, the Native Court of Appeal, and the Native Supreme Court as the apex body. This restructuring introduces a new and higher court structure, with the Native Supreme Court as the highest judicial authority. Presently, the highest level in the Native Court hierarchy is the Native Court of Appeal, constituted by the President of the Native Courts of Appeal and two members, including the Ketua Majlis Adat Istiadat Sarawak.
The restructuring aims to elevate the status of the Native Courts, establishing them as a fully independent judicial institution.
Peace Journey
As a Penghulu, Mdm Julia plays an active role in mediating conflicts related to Adat involving Iban individuals. Most of the disputes she mediates pertain to land issues, marital conflicts, property disputes, child custody, and other matters associated with Adat within the Iban community. These cases typically arise when the disputing parties are dissatisfied with the decisions made by the Tuai Rumah at the longhouse level or the Headmen's Court. The disputes are then referred to the Chief's Court, where Puan Julia presides in her district.
Mdm Julia has not received formal training as a conflict mediator; rather, she learns through observation and relies on the guidance provided by Iban Adat and the Native Court. She is briefed by the court's administrative staff on the cases in which she is involved, but decisions are often made in consultation with other assessors present during the court hearings and deliberations.
Success Stories
Despite her extensive experience in dispute mediation as both a headwoman of her longhouse and later as a penghulu, she still faces challenges. Notably, she is the only female penghulu among nine penghulus in her district. According to her, male penghulus often dismiss women's issues as trivial, frequently making judgments that discriminate against them. She finds it extremely difficult to convince them that many of these issues are instigated by the men with whom the women are associated. Furthermore, she regularly faces threats to her safety, particularly when presiding over cases related to land disputes. She mentions that she often has to leave the court through a back door to ensure her safety, especially when her decisions do not favour certain individuals who may react angrily.