FABC2092 Constitution & Community

UNDANG-UNDANG
LAUT MELAKA
 Joshua Kelvin Raj A/L Manivannan
(110200719329)
 Iman Syakirah bt.Junaidi
(1125210119712)
 Matthew Nimesher
(110210119705)
 PURPOSE OF
INVESTIGATION
• The purpose of today’s presentation is to
investigate the important provisions that
governed Malacca’s maritime laws, emphasizing
Malacca’s historical role as a major spot for
international trade.
• HISTORY OF
MALACCA
Malacca is dubbed the “The Historic
State”, in Malay “Bandar Raya
Bersejarah.” It is a state in the country
of Malaysia located in the southern
region of the Malay Peninsula, next to
the strait of Malacca. Its capital is
Malacca City. It was the location of the
earliest Malay Sultanate until the
invasion of the Portuguese in 1511.
Malacca’s position is a highly strategic
place for international trade, Malacca
was a well-known international trade
centre in the east.
• MARITIME LAW
Maritime law is defined as a body of laws,
conventions or treaties that govern private
maritime business and other nautical
matters, such as shipping or offenses that
occur in open bodies of water.
 • Introduction to the Maritime
laws of Malacca
• The maritime law consists of many chapters based on the patriarchal
system and covers regulations at sea such as those dealing with the
commercial transactions, prohibitions and duties of sea captains and the
Syahbandars.

• According to Stamford Raffles, the clauses of Undang- Undang Laut

Melaka which numbered up to 20, can be grouped into four distinctive
chapters.

• In the court of Malacca, matters related to the enforcement of Undang-

Undang Laut Malacca was placed under the authority of the Laksamana
(admiral of the fleet)

• The original date when the laws were drafted remains unclear , however
based on its manuscript, promulgation of Undang-Undang Laut Malacca
was due to the meeting of a group of Malaccan Nakhodas (sea captains)
during the reign of Muhammad Shah (1424-1444) The Malaccan sultan at
the time conferred the title Rajas (king) at sea to the captain of the ship.
• The clauses contained in the (Undang-Undang Laut
Malacca) cover an extensive area, taking into account a
wide variety of circumstances that could arise on a ship,
such as

• Slavery
• Adultery
• Murder
• Stealing
• disrespecting an officer
• negligence in carrying out duties
economic aspects such as trade and taxes
CHAPTER 1
• Authority of code
• The descriptions of persons on board a vessel
and their duties
• Explains the hierarchy of power on a ship. A
ship is treated like a state or kingdom where the
Nakhoda (sea captain) is the king.
• Hierarchy on the vessel:
Designation at sea Designation on land
Nakhoda (sea captain) Raja
Juru Mudi (helmsman) Bendahara
Juru Batu (leadsman) Temenggung
Malim (pilot) Imam
Tukang kanan (petty officer in charge of Sida-sida
starboard)

Tukang Kiri (petty officer in charge of Sida-sida

portside)

Tukang Agong (head workman) Sida-sida

Awak-Awak (crew) Rakyat
 Malim: a position as important as the Nakhoda. It is difficult to find their land counterpart
because their jobs were mostly maritime related. This position is often compared to
that of an Imam (leader of a prayer group). The Malim is knowledgeable about the
winds and they were the one who decided when to set sail. The Malim had a direct
personal link to the Nakhoda as they are the first person to give advise to the nakhoda
on all sea faring duties.

Juru Mudi: they are the Nakhoda’s closest aide, this is comparable to that of a Bendahara
(prime minister).

Juru Batu: they are said to have the same status as a Temenggung (chief of public
security) their role was to keep the peace on the ship and act as a judge in an event of
a dispute that arises on the vessel. This is seen in an excerpt of Undang-Undang
Melaka “…..to decide right and wrong.”
• The Undang-Undang Laut Melaka gives an example, a
crewman (awak-awak), who refused to follow the orders of the
Tukang Agong (head workman) was punished by the Juru Batu
(leadsman) by canning of up to seven strokes.
• Among other provisions in the clause are:

- Rules and duty for the crew on the duty of Berkepang (guarding the ship). Four points
are mentioned for the guards to pay attention: water onto the ship, incoming storms
and wind, Enemies on board the ship and fire outbreaks.
- The muda-muda are to act as the Nakhoda’s personal guards and to engage in
warfare to defend the ship, they are to also guard the ship’s weapons.
 
• Procedures on supplies (food) for the awak-awak:

- The Nakhoda was responsible for providing a loan to whoever required it (subject to
certain procedures) including the repayment terms and tax levied. An example: a
person who borrows is normally tied to an agreement for three years, three months,
three days.

- Kiwis(travelling merchants) a system of commenda (limited partnership) 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 Petak is a space that can be rented for storing goods. Penalties are specified for
failure to fill up the rented Petak within the window period.
CHAPTER 2
• THE DIVISION OF A VESSEL
 Certain areas on the ship are only accessible to certain people, example: The
Balai Lintang (covered porch) is used for meetings.
 Balai Jujur (principal hall) is for muda-muda.
 Peterana Lawang is reserved for the Nakhoda, muda-muda and tukang agong,
the awak- awak are prohibited from entering any of these three areas.

 A vessel running foul of each other:

 these are rules and penalties for ships that collide into one another. If ships hit
other ships that are anchored, all peoples on ship must pay a fine with no
discrimination to (income or gender).

 On arrival at the port, (this was when the market was the most favourable),
the Nakhoda had first right to sell their merchandise.
 Kiwis had to wait for four days and six days for other sailors. If a good is placed
at a higher price than the Nakhoda, renders their goods to be confiscated by the
Nakhoda after being paid cost price for them.
CHAPTER 3
• PROCEDURES OF REDISTRIBUTION FOR
WHAT IS FOUND AT SEA
 (these procedures follow the hierarchy of the ship)

 Whatever is found on the sea, whomever may discover it, it belongs to the
Nakhoda of the ship”

 Whatever is found on shores by persons belonging to the vessel (when they

are not acting under the Nakhodas orders, nor performing duty on said
vessel) the trove will be divided into 3 parts (1/3 belongs to the finder and
the 2/3 belongs to the Nakhoda)
 

 
 CHAPTER 4
• CRIMES AND PUNISHMENT ON
BOARD THE VESSEL
• persons who can be sentenced to death on board of the
ship, 4 types of penalties will incur in this punishment:
 Speaking offensively and disloyalty to
Nakhoda.

 Colluding with other crew members to kill the

Nakhoda, Kiwi, Tukang or Malim.

 A person who carries a Kris on board, while

others are not.

 Bad behaviour and acting disrespectfully.

- being disrespectful towards the Nakhoda (for one
who is outspoken and rude to Nakhoda or Kiwi,
the person can be punished and may be killed if
said person reacts with hostility)
 Conclusion

For centuries, Malacca was regarded as the epitome of ancient Malay Civililisation
until its fall to the Portuguese.
We see this in a well-defined set of maritime laws, complete with responsibilities and a
hierarchal system, fully prepared in the face of globalization, with this Malacca established
itself as a major entrepot during it’s time.
Resources
• An Historical View of the Law of Maritime Commerce. Google Books. (2021). Retrieved 16 February 2021,
from https://
books.google.com/books/about/An_historical_view_of_the_law_of_maritim.html?id=3CE1AAAAIAAJ
• Undang-Undang Laut Melaka. En.wikipedia.org. (2021). Retrieved 16 February 2021, from
https://en.wikipedia.org/wiki/Undang-Undang_Laut_Melaka.
• Barnard, T. (2000). The Cambridge History of Southeast Asia. 2 Volumes. Edited by Nicholas Tarling.
Cambridge: Cambridge University Press, 2000. Vol. 1, Part 1: xx, 358; Vol. 1, Part 2: xx, 297; Vol. 2, Part
1: xvi, 345; Vol. 2, Part 2: xx, 360. Maps, Tables, Bibliographies, Index. [Paperback]. Journal Of Southeast
Asian Studies, 31(2), 414-414. https://doi.org/10.1017/s0022463400017707
• An Historical View of the Law of Maritime Commerce. Google Books. (2021). Retrieved 16 February 2021,
from
https://books.google.com/books/about/An_historical_view_of_the_law_of_maritim.html?id=3CE1AAAA
IAAJ
.