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The Coutrs
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The Coutrs

THE COURTS

The Balinese like to settle their differences peacefully, and if posible to come to an agreement among themselves. Otherwise t apply to the village chiefs, the kliang or the penyarikan of the desa or bandjar to act as mediators for a friendly settlement. Disputes concerning ricefields or irrigation water are settled by the council of a special agricultural society, the subak. Should it become necessary to adopt a strong decision, the village council votes for a verdict.

In any case the village heads leave no stone unturned for a quick settlement of the affair to prevent its becoming involved in a legal court procedure, which is always distasteful to them, and it is only as a last resort, when all other resources have failed and passions are very much aroused, that the Balinese will appeal to the official high tribunal, the kerta.

The repugnance of the people against having to appeal to the kerta is only part of the Balinese policy of keeping the princes from interfering too much in their affairs. The kertas are the courts of the princes and they are generally composed of three Brahmanic priests who act as judges. They are assisted by a number of kantjas, " lawyers," and a scribe.

Trials take place in a special shed, built over a high stone or brick platform. The Kerta Gosa, the court house of Klungkung, one of the inevitable sights of Bali, is already famous because of the lurid paintings that cover the entire ceiling, depicting the punishments that await a law-breaker in bell. The court house is beautifully decorated; two stone serpents flank the stairs that lead to the platform where the judges sit on great gilt chairs.

A trial must be conducted with the greatest dignity and restraint. There are rules for the language employed, the behaviour of the participants, and the payment of trial expenses. It is interesting that court procedure resembles that of cockfights in its rules and terminology. On the appointed day the plaintiff and the defendant must appear properly dressed, with their witnesses, and their cases and declarations carefully written down. An absentee or one whose case is badly stated loses his suit.

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