A D E T K A Y A N -K E N

YAH
1994
r referred to as 'OUCF') which was printed and reproduced in Volume VII of th

Because of this, it has been found necessary to call the present volume Adet

d Kenyah Ketua Masyarakat

 customs of the Kayan and Kenyah omitted in the OUCF have been include

nd the community with the physical and spiritual environments. A breach of

immediately to avoid divine displeasure.

the choice of either marrying in accordance with the said Act or under the A

0 (Act 263). However, it is to be remembered that a person an only seek main

Christianity or Islam. The Kayan and Kenyah should also take advantage of t

s are not available, their equivalence in monetary terms should be given. The
 iv

metery.

al child. A child who has been adopted in accor?dance with the Adet Ka

ed in any Native Court by an interested party and the court may impos

cial behaviour and breaches against customs and taboos. Under the A
 units of measurement: 10 kati which shall be equivalent to RM10.00;
1
/2 a pikul equivalent to RM50.00; and 1 pikul equivalent to RM100.00.

of lali, to restore the 'balance' between two individuals. Second, the ingredient

atonement token of kalui henga' amounting to 2000 lali and pelah consistin

ing the traditional religion and the other professing another faith, pelah shoul
raditions in the longhouse and must take heavier penalty for certain breac

f any property belonging to the person who is penalised or ordered to pa

ce requires a ritual propitiation, such as pelah, the offender shall immed

the whole community.

TAN SRI DATUK GERCSI BAT,

P.S .M., P.N.B .S .
Ketua Majlis A stiadat Saraw
Pejabat Ketua Menteri,
Kuching, Sarawak

Our Ref: 4/MAI/CON/F/7 26th May, 1994

 <410"-7"
0

THE
SARAWAK GOVERNMENT GAZE
TTE
PART II
Published by Authority

Vol.XL1X 26thMay, 1994 No.12

THE NATIVE CUSTOMARY LAWS ORDINANCE

THE ADET KAYAN-KENYAH ORDER, 1994
(Made under sections 3 and 5)
ng Ulu Customary Code of Fines" have, by virtue P
' - of the Orang Ulu Custom
ub-District and Fourth Division: 6n.

ricts of Sarawak, that a general con?sensus of opinion of the Kayan and Keny
 114

ow THEREFORE, the Yang di-Pertua Negeri in Council,

n exercise of the powers conferred by sections 3 and 5
f the Native Customary Laws Ordinance, has made the following Order:
This Order may be cited as the Adet Kayan-
enyah Order, 1994, and shall come into force on the 1st
y of June, 1994.
-(1) That version of the Adet Kayan-Kenyah
repared in English which is set out in the First Schedule
een agreed by all Chiefs and Headmen of the Kayan-
yah communities in the Marudi, Bintulu, Tatau and
laga Districts of Sarawak and approved by the Yang di?Pertua Negeri in Counci
(2) It is hereby declared that the Adet Kayan-Kenyah
erred to in paragraph (1) shall be the authorised version
of the native customary law for all Kayan and Kenyah
resident in the State of Sarawak (hereinafter referred to as
"the authorised version") and for all such persons, cases
and suits to which, in accordance with the Native Courts
ance, 1992, or by virtue of any other written law, it
lawfully be applied.

reinafter referred to as "the autho?rised translation") and approved by the Majlis

er shall prevail.
blic copies of the authorised version and the authorised translation of the Adet

sons, offices, institutions and public bodies as the State Secretary may direc
der in so far as they apply to the Kayan and Kenyah communities in the Bela
 117

FIRST SCHEDULE

(Article 2)

ADET KAYAN-KENYAH

(Authorised English Version)

ARRANGEMENT OF SECTIONS
CHAPTER I

. Definitions.
CHAPTER II
CUSTOMS RELATING TO HOUSE CONSTRUCTION,
MOVIN G TO ANEW L ON GH OU SE OR A
NEW ARE A,

IVING IN THE L ONGHOUSE, MIGRATION AND TABOOS

. Meeting, ten garan or pisu, to construct a new longhouse.

pensation for the site of a new longhouse.
.Tana' kusap hapau or tana' tebebe' sapau, longimuse perimeter.
. Breaking promise to join the longhouse.
.Disturbing doyen pelah or barang pela.
.Disturbing ground for the new site of a longhouse.
urbing building materials.
.Erecting the posts of the amin or lamin of the Maren Uma or Paren Um
.Construction prior to the date agreed upon.
.Failure to erect the posts of the amin or lamin.
.Pulling down the posts.
. Failure to complete the framework of the amin or lamin.
.Moving to the new longhouse.
. Refusal to participate in communal work, hadui peji.
.Refusal to become messenger.
 118

amin or lamin unoccupied for a prolonged period of

time. g fire to the longhouse.

g a ladder, najah san or pelejap can.
or pulling down handrail, najah belayen or pelejap senawan.
g down the posts, najah jihe' or pelejap suka'.

h liding or nasa' nding.

sa' tasu or nasa' taso'.
cting the longhouse gallery, madet awa' or mekap usae.
nal structures to an amin or lamin.

art of the amin or lamin, merah amin or mera

lamin. min of the longhouse, mutet amin or metep
lamin.
28.-(1) Migrating without the permission of the Maren Uma
or Paren Uma', bulak sala or buau sala'.
ng building materials from the amin or lamin.
g friction in the longhouse.
g people away from the longhouse, muga kelunan or ngua' kelunan.

g order to return to the longhouse.

stranger to live permanently in the longhouse without informing the Maren Um

l between members of the longhouse.

l between members of the amin or lamin.

lsome couple.

er of the longhouse and a visitor.

.
 119

. Quarrelling during festivals.

.Holding sharp object or weapon during a quarrel.

cident, negligence or other causes.
.
. Lying, m a mo h kelu nan or palo k el u n a n.
u m ou rs, na d ah o' han gor dawu aa ng.

, p eji'ek kelunan or p eja'a t kelunan.

m a l a ' or n u n o n g .

elupoh or panyi, making fun of people.

mura kelu nan or le muda' kelunan.
.Taking goods or articles from an amin or lamin apartment while the owner is
ala tenup or ala' ny e man .
r person's tool, implement or article without permission.
.Using another person's boat or vehicle without permission.
other person's fruit tree without permission.
n fruit trees in the vicinity of another longhouse.
stream or a river reserved for the longhouse.
p.
. Disturbing an offering, daven ketalau or barang lewa.
.Breach of religious taboo.
young plants and animals.
.Killing an animal within or outside the room of an ex?pectant mother.
rites, na p o' .
or taking dried skull, kahung ayauor ulu ayau to the longhouse.
 120

HAPTER III
CUSTOMS RELATING TO FARMING AND GARDENING

Meeting, tengaran te' na hadui luma or pisu tok ti uma.

ent.
arking land ilo tana' or medip tana' for
farming. ing to farm work group, pala dau or
senguyun. ep or maap.
learing or felling beyond one's farm boundary.
yavet luma' or nutung uma.
planting of rice in the farm, adet nugan.
arden hut, lepau luma' or lepau uma on someone's land.
farm hut or garden hut, nasa' lepau urna or ngejaat lepau uma.
s from someone's farm hut or garden hut without permission.
erfering with farm boundary, masan hang luma' or maso saang uma.

ing vegetables, fruits and other plants from a farm without permission of the own

nasa' luma' or ngeja'at uma.

person's farm without permission.
rm or garden.
geja'at or burning, nyavet or nutung a farm hut or garden hut.

ds from the rice barn, lepau parei or lepau padai of an other without permission.
aging, nasa' or ngeja'at or burning, nyavet or nutung the rice barn, lepau parei or l
 121

.Temporary exchange of land, pekalui tana or pekelewa tana' for planting ri

rchase of customary rights land.

.Footpath, alan or janan to the farm or garden.
.Farming lands.
permanent cultivation.
.Causing damage to a garden, nasa' lida or ngeja'at lira'.
.Gardening on another person's land.
with the boundary of a garden, masan hang lida or maso saang lira'.
gn of ownership, dip tua or dip tua' on fruit trees or other property.
urse sign, atep lali or dip on fruit trees or any other property.

CHAPTER IV
CUSTOMS RELATING TO MATRIMONIAL OR SEXUAL MATTERS

. Betrothing, peteng doh or mutu leto.

.Atep hawa or tebuku te'
. Marriage Ceremony, pelah hawa.
bride to the bridegroom's apartment, kaja amin.
.Innu lo'.
ce of residence after marriage, pekivan.
an.
.Marriage between strata.
ent period, dara teng or majan putu.
g an engagement by mutual consent.
engagement, mutet teng.
engagement, nasa' teng or metep putu by a third party.
 122

g breach of engagement.
e.
()Divorce by mutual consent, piah kenep or pule tiga.
on ground of desertion, melak hawa or lingo leto.
e on ground of adultery.
e on any other grounds.
nt wife divorces husband.
ng a pregnant wife.
rary separation, pehelut jaki or pekeju nuat.
tetai.
Testimonial.
ing after divorce.

r ngio, deposit for suspected adultery.

CHILD MAINTENANCE, NGUYO ANAK OR PENGUMAN ANAK

child maintenance.
y of children.
Y, PETUYANG
y between people who are married.
y between married and unmarried persons.
ting adultery in the apartment, amin or lamin of a third person.
ting adultery in the apartment, amin or lamin where there is an expectant mother.

y arising out of concealment of existing marriage.

ed adultery.
y with a sojourner.
ntercourse with a person observing widowhood or
hood prohibition, nasa lumoh or metep lumo.
 123

xual intercourse with a betrothed.

pted adultery.

l tery.

OR MENGGUNG

pement between an unmarried person and a married person.

unmarried person and a betrothed person.

TSIDEMARRIAGE

unmarried man causing pregnancy.

ing pregnancy.

ilure to disclose pregnancy, muhok au i or plamon male'.

fusal to claim paternity.

empt to have illicit sexual' intercourse, ngakap.

xual intercourse with a minor.

sty of a married woman.

sty of a minor.

em or pemong nyeleM.

other person's spouse.

arriage during widowhood or widowerhood prohibition period, pehawa alem lumuh or
p

ng daha or pesait penyeng da'a.

sins, paharin higet or senganak siget.
 124

CHAPTER V
CUSTOMSRELATINGTOPROPERTY
.P r o p e r t y .

. Rights to amin or / amin- family property.

-

ut ion of pr opert y.

. Tulan uku or tulat mukon.

.Will, surat want or surat waret.

n who leaves the amin or lamin upon marriage.

.Division of property after divorce.

ty of a husband or wife who dies.

to share deceased parent's property.

wi t hout hei r .

t y o f a soj our ner .

rner who dies in the longhouse of his adoption.

.Kelunan dameh or kelun nyagen who dies in his longhouse of adoption.

CHAPTER VI
CUSTOMSRELATINGTODEATHSANDBURIALS

.Burial at des i gna t ed c emeter y .

trees onto a cemet er y.

g f i re to da ma ge a cemet er y.

ng a gr a v e y a r d .
 125

avation or exhumation of graveyards.

ng tulan patei or tulat patai provided for the dead.

on a burial or old cemetery.

d who died of drowning or who died in the open.

metery affected by development project.

. Establishing new cemetery, hang maring or hang mading. CHAPTER VII

ADOPTION

ption by cust om.

.
ion.
pted child; etc.
and distribution of property.
al.

CHAPTER VIII
MISCELLANEOUS

ach of other Kayan and Kenyah customs.

 127

he context of this Adet-

duct, manners, con?ventions and customary laws;

e and a small knob; and is considered a valuable and prestigious item used in vari

a' nyeman);

s of the household and their property (Kenyah, lamin);

ity of that particular apartment (Kenyah, lamin puun);-

en owned by different owners (Kenyah, dip saang);

oman to denote their engagement; in the Marudi District, the term for this transacti

ce, such as a tiger tooth (ipen lejau) and feathers of honorific birds (kirep manuk ting
 128

ership over an item or a property, such as a piece of land, a site for a house,

the immediate family or close relatives of the widow's or widower's late

husban r settling disputes (Kenyah, nyatap);

adopted child in the presence of the Maren Uma or Paren Uma' and longhouse

elders as wild boar or deer;

"bulak" (Kayan-Kenyah) means to migrate from one longhouse to another

(Ken
 129

en Uma or Paren Uma' and the people of the longhouse (Kenyah, buau sala');

ed sexual intercourse during the widowhood or widowerhood prohibition period, to

the

the Subordinate Courts Act 1948 (Act 92) or the Courts of Judicature Act 1964 (Act 9

so as to cause misunderstanding and quarrel between them (Kenyah, dawu aang);

m, an heirloom or goods jointly owned by members of an amin-family (Kenyah, imba

or tem, an heirloom or goods exclusively owned by a particular individual member of

a em, an heirloom or goods jointly owned by a married couple and their offspring who

"daven ketalau" means a ritual item used in ritual ceremony for worship (Kenyah
 130

irloom or goods (Kenyah, galen i'ut);

a house (Kenyah, galen tageng);

both arms outstretched, which is equivalent to 1.8 metres;
under the custody of the Maren Lima or Paren Uma' as a pledge of good behaviour

mung);

ah for a breach of customs (Kenyah, yap);

es considered as the lower aris?tocrats (Kenyah, keta'u);

used as engagement token, marriage gifts and other social transactions (Kenyah, ino'
o the woman to denote their engagement; in Belaga District, mu /o' means the gifts

s family during the first visit of the bride to the bridegroom's amin;
 131

d by accident, negligence or other causes (Kenyah, keliwa lasat);

other person (Kenyah, kelunan ngenyan);

ower to strengthen their spirits and to protect them from misfortune and harm or

-Pertua Negeri under the terms and conditions of service for Ketua Masyarakat (Gover

iven by the bridegroom to the bride's family when the bride takes up permanent resi

one "Iali" shall be equivalent to one Malaysian ringgit (RM1.00);

 132

strengthen his spirit and to protect him from misfortune and harm when he is assign

ila is also used by the Kayan;

oken in the form of an item given by the offender to the injured party for an offence re

alo', lukut selcala', which are used as engagement token, marriage gifts or other socia

of the long-house gallery obstructing the passageway of the longhouse gallery (Kenyah,

uma to the Maren Uma or Paren Uma' (Kenyah, maap);

ich is used as a marriage gift or in other social transactions as well as an item provide

alat buk" means a ceremonial sword commonly known in Sarawak as parang ilang w
 133

well as an itr,-.1 provided by the offender to the injured party as pelah fol a breach of cu

h, palo);

e Kayan social stratification and who form the ruling class in the longhouse; the Maren
nghouse (Kenyah, Paren Uma');
ter the
a) ;

er the boundary of a farm (Kenyah, maso saang uma);

land for farming with the appropriate boundary pegs at an interval of 5 to 10 depa along

y shame', but in the context of the Adet it refers to an item given by the offender to t

r a long period of time without telling the spouse his or her whereabouts (Kenyah,

own part of the amin apartment without prior consultation with the Maren Uma (Kenyah, m

son away from the longhouse (Kenyah, ngua icelunan);

without permission; in the context of the Adet, it means to elope (Kenyah, megung);

utet amin" means to pull down the amin apartment so as to create a gap in the middle
 134

n apartment (Kenyah, metep lamin);

u te');

ntion of showing anger (Kenyah, pelejap senawan);

tention of showing anger (Kenyah, pelejap suka');

of showing anger (Kenyah, nasa' nding);

a hut with the intention of showing anger (Kenyah, pelejap can);

al destruction or by burning (Kenyah, ngeja'at lepau uma);

ch the widowhood or widowerhood prohibition period by getting married or by having se

 135

they bring ill luck and disgrace to the immediate family members concerned as we

f the house to show anger (Kenyah, nasa' taso');

k-up of an
p putu);

the mat" but in the context of the Adet, it means to behave pro?miscuously with a

a woman usually in the dark or at night with the intention of having illicit sexual interc

trees and other dry under brush along the boundary of adjacent farms (Kenyah, ng

an apartment in the absence of the owner with the intention of taking away or distur

up post-marital residence, either with the bride's family or the bridegroom's family;

(Kenyah, pen guman anak);

n (Kenyah, panyi);
-

of labour among members of the longhouse (Kenyah, senguyun);

ah, palo);

"pan yin" (Kayan-Kenyah) means the commoners or the stratum immediately b

 136

(Kenyah, pekeju nuat);

process of engage?ment and wedding (Kenyah, pemong selem);

ence, either with the bride's family or with the bridegroom's family;

a valuable article provided by the "offender" to the injured party to atone for a misde

e offenders who commit adultery; the symbolic significance of the token is that it wi
ma;

through it (Kenyah, lewa lapa lepo');

unity to atone for a misdeed or to avert evil forces or misfortune brought about by a
eased to be buried in a new cemetery to appease the spirit (Kenyah, pela ti hang madi

"petuyang" (Kayan-Kenyah) means adultery or to commmit adultery;

 137

ho have left the amin for fear of harm from the offending party; it also means the v

s kaharah (Kenyah, jekau);

tebebe sapau);
 138

eriod of one year; if the estranged spouse and the co-offender are found sleeping
tog

tulat kelunan mukon);