Justice for People: Thomas Stamford Rafϐles, Jury System, and Court of Circuit

TAWARIKH: International Journal for Historical Studies, 8(1) October 2016

DAYA NEGRI WIJAYA Justice for People: Thomas Stamford Rafϐles, Jury System, and Court of Circuit

ABSTRACT: In the early eighteenth century, there were two revolutions changing the socio-cultural pattern of the mankind. Those were the American Revolution in 1776, and the French revolution in 1789. The later revolution had shaped Thomas Stamford Rafϔles’ mind that the emerging of the middle-class forced the aristocrats to agree the limitation of power through constitution. Thomas Stamford Rafϔles was an actor and a product of the late eighteenth century humanitarian movement. His way of thinking was inspired by the French enlightenment. It is believed that justice is difϔicult to be raised. However, many thinkers seem to argue that the state would guarantee the appearance of justice, but they are failed to see the practice of justice. One of the inϔluenced actors is Thomas Stamford Rafϔles. He was led by the humanitarian movement of his age. He pursued the spirit and executed it as the ofϔicial policies. Those policies were revision of Dutch and King of Nusantara (Indonesian archipelago)’s treaties leading to the direct rule system; the practice of land-rent system; and re-organization of administration. This study used library research. This study had used some steps, mainly in reading critically and making a note. It considered all Thomas Stamford Rafϔles’ primary sources, which were available in online and ofϔline library. In addition, this study analysed and compared the ϔindings with others’ ϔindings. This study will focus on the third policy. This tends to elaborate the practice of jury system and the court of circuit. KEY WORDS: Legal History; Justice; Thomas Stamford Rafϔles; British Colonization; Humanism.

INTRODUCTION Rafles’ secretary before his iring in March Thomas Stamford Rafles was one of the 1813 (Collis, 2000:66). humanistic actors. He was called to reform The humanitarian feeling led Thomas the system of justice in Java. He changed Stamford Rafles to reform the colony of Java. the system, when he took a power from the In other words, Thomas Stamford Rafles French-Dutch in 1811. He did not distinguish managed the colony of Java with humanistic the punishment, whether the native or the hand. He tended to be a liberator from people’s foreign people; for example, Charles Blagrave problems. He applied the jury system and the was ired, because of his corruption. He had court of circuit in order to spread the justice. ever been believed as Thomas Stamford His liberal policy was affected by the spirit

About the Author: Daya Negri Wijaya is a Lecturer at the History Department, Faculty of Literature UM (State University of Malang), Jalan Semarang No.5, Malang City, East Java, Indonesia. For academic purposes, the author can be contacted via his e-mails address at: [email protected] dan daya.negri.[email protected] How to cite this article? Wijaya, Daya Negri. (2016). “Justice for People: Thomas Stamford Rafles, Jury System, and Court of Circuit” in TAWARIKH: International Journal for Historical Studies, Vol.8(1) October, pp.21-30. Bandung, Indonesia: Minda Masagi Press and UIN SGD Bandung, ISSN 2085-0980. Chronicle of the article: Accepted (June 25, 2016); Revised (August 19, 2016); and Published (October 28, 2016).

of the age. He lived in the end of eighteenth Carey (2014) described the other side of century and the early period of nineteenth Thomas Stamford Rafles based on Javanese century. To short, he lived at the age of accounts, but there is no person, based humanism-romanticism, an age where people on the author’s reading, placing Thomas tended to release the inluence of reason in Stamford Rafles in the context of legal history, solving any problem of life. This tendency speciically his attempting to shape the equal wanted to place human being into his natural justice for everyone (Hannigan, 2012; and right. The humanist-romanticist developed Carey, 2014). It is intriguing to elaborate the feeling and the art of interpreting the life the humanistic mind-set as a foundation of of society. There was a general habit when Thomas Stamford Rafles’ liberal policy, the Thomas Stamford Rafles enthusiastically jury system, and the court of circuit. learned the Eastern people, culture, and history. He wrote his experience on his work RESEARCH METHOD entitled The History of Java, two volumes This study tended to use library research. (Rafles, 1817a, 1817b, and 2014). This study had used some steps, mainly There are a lot of historians focusing on in reading critically and making a note. It British political, economic, and social system in considered all Thomas Stamford Rafles’ Java. John Bastin (1957) and Syed Hussein Alatas primary sources, which were available (1971), for example, described the construction in online and ofline library. Those were of Thomas Stamford Rafles’ policies in Java Substance of a Minute (1814); Review of the between the humanitarian product and the Administration, Value, and State of the Colony ideology of imperialism (Bastin, 1957; and of Java with its Dependencies (1816); History of Alatas, 1971). John Bastin (1954) and Putri Java (1817a, 1817b, and 2014); and Statement Agus Wijayanti (2001) tended to describe of the Services (1824). the basis and the work of land-rent system in It also considered his cousin’s memoir, Java (Bastin, 1954; and Wijayanti, 2001). Syed Thomas Rafles, Memoirs of the Life and Hussein Alatas (1988) and Machmoed Effendhie Ministry of the Rev (1864); his second wife’s (2000) stated that Thomas Stamford Rafles memoir, Sophia Hull Rafles, Memoirs of the was not a hero. Thomas Stamford Rafles used Life and Public Services of Sir Thomas Stamford the fact of generous and warm-hearted people Rafϔles (1885); and Thomas Stamford Rafles to take people’s attention. He claimed that the contemporary’s work, William Thorn, Memoir Dutch’s myth of lazy native was the improper of the Conquest of Java (1815 and 2011). In perspective. He needed the people’s support to addition, this study analysed and compared govern the colony. In the end of his government, the indings with others’ indings. Finally, the Thomas Stamford Rafles was related to the author would conclude the analysis shortly. corrupted policy and the deicit of the company’s cash low (Alatas, 1988; and Effendhie, 2000). THE LIFE OF THOMAS STAMFORD RAFFLES 1 In addition, some biographers described Thomas Stamford Rafles’ second wife, the interesting life of Thomas Stamford Sophia Hull Rafles (1885), tended to describe Rafles. Sophia Hull Rafles (1885), for the determination of Thomas Stamford Rafles, example, started to inluence many works on when he was young. He was motivated to learn the same ield (Rafles, 1885). Demetrius C. the knowledge. Sophia Hull Rafles described Boulger (1897); R. Coupland (1926); Emily on young Thomas Stamford Rafles, as follows: Hahn (1946); John Bastin (1954 and 1957); Sjaii (1976); C.E. Wurtzburg (1986); and [...] my leisure hours, however, still continued to be Maurice Collis (2000) followed the Sophia devoted to favourite studies; and with the little aid my allowances afforded, I contrived to make myself Hull Rafles’s perspective on Thomas Stamford

Rafles (Boulger, 1897; Coupland, 1926; Hahn, 1This sub-chapter is developed from my presented paper in 1946; Bastin, 1954 and 1957; Sjaii, 1976; Second Conference of the IIFAS (International Indonesian Forum Wurtzburg, 1986; and Collis, 2000). for Asian Studies) with the theme “Exploring Inter-Regional and International Cooperation in Indonesia”, in Surakarta, Central However, Tim Hannigan (2012) and Peter Java, Indonesia, on 27-28 April 2016.

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master of the French language, and to prosecute humanitarian movement. His way of thinking inquiries into some of the branches of literature was inspired by the French enlightenment and science; this was, however, in stolen moments either before the ofice hours in the morning or and the main classical thinkers of Voltaire, after them in the evening (Rafles, 1885:3). Montesquieu, and J.J. Rousseau (cited in Bastin, 1957). This directs us how to be a learner and French revolution was the logical to manage the learning time-table. Thomas consequence of the corrupted government Stamford Rafles should divide his time of in managing its citizen. This change was not learning and working as assistant clerk in only forced by people’s suffering, but also East India Company, London, at the age of 14 led by people’s importance, the bourgeoisie. years old. His father death, Benjamin Rafles, This middle-class continually criticized affected his education. Thomas Stamford the corrupted work of Louis XVI and Maria Rafles, then, left his education and became the Antoinette. They spent people’s money backbone of his family (Hannigan, 2012:41). brutally. Some thinkers motivated the spirit Thomas Stamford Rafles had an emotional of this struggle like Voltaire’s criticism on the approach with the ocean. He was born on the standing position of clergyman in the front ship of Ann, when approaching the Morant of the king. Montesquieu argued that the Harbour, one of many islands in Jamaica, in power should be separated by three powers 5 July 1781 (Boulger, 1897:xxxvi). Thomas of legislative, executive, and judicative power. Stamford Rafles’ mother was Anne Lyde They had to give a responsibility to people not Lindeman. She was the clergyman’s sister in to the king. However, Voltaire, Montesquieu, London, John Lindeman (Rafles, 1885:2-3). and the other oppositions were forcibly According to Emily Hahn (1946), poverty imprisoned by the king. This was compounded coming to his family was the inluence of the by the issuing of taxation system for the economic crisis and English social system, peasants. Ironically, the aristocrats and the when the unwell-educated person did not gain clergymen were set to free from any form of any good-paying job (Hahn, 1946:3). taxation (cited in Romein, 1956:132-133). In the early eighteenth century, there were The right to have a freedom grew along two revolutions changing the socio-cultural with the spread of Rousseau’s works on the pattern of the mankind. Those were the social contract and the people’s sovereignty. American Revolution (1776) and the French Rousseau argued that the freedom is the state revolution (1789). The later revolution had when the man releases his will to conquer shaped Thomas Stamford Rafles’ mind that others. They are free from their afraid of the the emerging of the middle-class forced the persuasive or the violence invasion. He also aristocrats to agree the limitation of power argued that the free men are the obedient through constitution (cited in Kuntowijoyo, man on order. However, this order does not 2005:65). According to John Bastin (1957), make him as the slave; therefore, his owned writing on Thomas Stamford Rafles, as freedom does not direct him to social anarchy. following here: This free man makes an agreement to shape a collective power. This power is called by Rafles’ policies were not only determined by people sovereignty. Everyone who gives his economic factor, but also prompted by sincere right or his freedom does not lose the both. humanitarian motives. However between Java and Sumatra, the administration was different, The state has a responsibility to service every but the aim was essentially the same – that of citizen; and if the state deviates from the improving the condition of the people. Rafles general will, therefore, the state would face a was a product of the late eighteenth century crisis (Suhelmi, 2001:249-252; and Suwirta, humanitarian movement, which had found its inspiration in the work of Rousseau of the myth of 2005:78-79). the noble savage (Bastin, 1957:xii). The crying of French revolution of life, liberty, and brotherhood led everyone to Thomas Stamford Rafles was an actor pursue for their freedom and their justice. The and a product of the late eighteenth century enlightenment world inspired that everyone

should place himself as a centre of the world the branch of the company in Penang (Prince and not obey the king’s order or the church of Wales’ Island) in 1805. Thomas Stamford dogma. The state of Europe in the eighteenth Rafles, then, became an Assistant of Secretary century showed the contradictory life. Charles in Penang, Malaysia (cited in Rafles, 1885:8-9). Dickens (1859), in his work of “A Tale of Two In the boring voyage around ive months Cities”, described this condition in following to Penang, Thomas Stamford Rafles spent his here: time to read all literatures on the Malay world. When he arrived in Penang, around September [...] it was the best of times, it was the worst of 1805, he suceeded to master Malay language. times, it was the age of wisdom, it was the age In his busy weeks, he spared his time to learn of foolishness, it was the epoch of believe, it was epoch of incredulity, it was the season of light, it the local language and tradition (cited in was the season of darkness, it was the spring of Rafles, 1885:10). hope, it was the winter of despair [...] in short, Therefore, Thomas Stamford Rafles the period was so far like the present period could easily know the managing skills (Dickens, 1859). and the general knowledge related to So, Thomas Stamford Rafles’ maturity the ways of Western and local governing. grew up in this spirit of the age. The young Thomas Stamford Rafles often visited and Thomas Stamford Rafles, as described early, communicated to all classes. He continued spent his life for working in the day and the British tradition, which was smart to take reading many books on France in the evening. people’s heart (Hanggoro, 2015:43-44). He William Ramsay, one of his bosses in East India wanted to know the local culture and saw Company in London, saw the peculiarity in the condition in developing the trade, the Thomas Stamford Rafles’ characteristic. He population, and the port in Penang (cited in came earlier and back from the ofice in the Rafles, 1885:23). midnight. He often took the overtime work He was astute in diplomating. John Leyden and all his salaries were given to his parent. had known his brilliant knowledge. He then However, Thomas Stamford Rafles was never recommended Thomas Stamford Rafles to complained and kept his spirit in developing Lord Minto, the General Governor in India, who his French skills. He thought that the French was afraid on the French-Dutch occupation in knowledge would lead him to understand Java that was disturbing his trade and political European literatures. Thomas Stamford stability in Southeast Asia. John Leyden claimed Rafles, however, he had many limitations and Thomas Stamford Rafles as a competent few times in practicing French conversation, person on Malay world. He also knew that succeeded to speak French luently (cited in Thomas Stamford Rafles had a communication Rafles, 1885). with William Marsden, the Sumatra’s expert Thomas Stamford Rafles’ luency was (cited in Thorn, 1815 and 2011). well-recorded in Sophia Hull Rafles’ memoir Bernard H.M. Vlekke (2008) explained (1885), as follows: that the British invasion in Java was based on the disposed effort of his enemy in Europe [...] in the year 1818, during his government in that was France (Vlekke, 2008:286-288). The Sumatra, a lady was singing in his house one Director of East India Company in London of Moore’s melodies [...] when some French governed the General Governor in India to gentlemen present regretted that the beauties dispose the French from their settlement, which he was so admiring were lost to them; he immediately translated the whole into French to destroy all their bastions, and to take verse, much to the surprise of all present (Rafles, all their arsenals and ammunition; for the 1885:6-7). rehabilitation all settlements to the native. Thomas Stamford Rafles, then, executed William Ramsay realized that Thomas the mission by sending a letter and some Stamford Rafles’ potencies should be interesting presents for the kings of Nusantara developed. Therefore, he proposed Thomas (Vlekke, 2008:295). Stamford Rafles to the Board of Directors for In his letter, Thomas Stamford Rafles

24 © 2016 by Minda Masagi Press and UIN SGD Bandung, West Java, Indonesia ISSN 2085-0980 and www.mindamas-journals.com/index.php/tawarikh TAWARIKH: International Journal for Historical Studies, 8(1) October 2016 showed his sympathy and wanted to help Javanese administration after French-Dutch them in order to release from the Dutch left Java. He did not realize all problems colonization. Abdullah bin Abdul Kadir related to the changing system from indirect Munsyi, Thomas Stamford Rafles’ clerk, as rule system to direct rule system. The French cited in Amin Sweeney ed. (2008), recorded faced the change through the revolution and Thomas Stamford Rafles’ activity, as follows: needed some years. Javanese did not face any changing in their history. Thomas Stamford Sebermula maka adalah kira-kira tiga empat Rafles tended to fasten this process. He was bulan lamanya Tuan Rafϔles itu diam di Melaka, also motivated by his revolutionary spirit maka ratalah sudah segala raja-raja Melayu sebelah barat dan timur dikirimnya surat serta (cited in Vlekke, 2008:294-295). dengan hadiah-hadiahnya [...]. Maka, pada masa In the end of his government in Java, the itu, baharulah tentu pikiran orang-orang Melaka spirit of revolution in terms of freedom and bahwa sesungguhnya Inggris telah bermusuh justice affected Thomas Stamford Rafles’ daily dengan Holanda. Maka sebab itulah ia hendak berperang dengan Holanda [...]. activities, as described in his cousin’s letter Maka, tuan Rafϔles pun menyuruh around March 1815 (Rafles, 1864:132). This mengarangkan surat yang akan dikirimkan state continued till John Fendall replacing kepada susunan Bentaram itu dengan bahasa his position. Thomas Stamford Rafles with Jawa. Maka oleh Pangeran itu diperbuatnyalah his disappointed feeling left Java in 25 March surat itu. Ada kira-kira sampai pukul dua belas malam, maka surat itu pun sudahlah, serta Tuan 1816, and went back to England. He was Rafϔles membubuh capnya serta dengan hadiahnya welcomed by some people, especially some berbagai-bagai. Adalah kira-kira harganya dua noblemen. Princess Charlotte, one of the royal tiga ratus Ringgit (Sweeney ed., 2008:299-301). families, was familiar with Thomas Stamford Translation: Rafles, and he gave her a beautiful table from Java. His present was really famous in London, [...] between three and four months, Rafles therefore, Princess Charlotte’s grandmother, stayed in Melaka, all Malay kings from west King George III’s wife, invited him to the to east were sent some letters along with all palace (Rafles, 1864). presents [...]. Therefore, at this time, they thought that British spited the Dutch. They believed that Thomas Stamford Rafles, then, is well- the British would have a war with the Dutch [...]. known in the circle of London intellects after Therefore, Rafles sent a letter which was wrote his book entitled History of Java was published in Javanese language by the local prince to the (1817a and 1817b). Seeing the engagement of king of Mataram. The prince wrote the letter till 12 PM and Rafles stamped the letter with all Thomas Stamford Rafles and the royal family, presents, approximately 200-300 Ringgit. the Board of Directors of East India Company opened his complicated case around 3.5 Thomas Stamford Rafles, after got an years (a charge of Gillespie and his re-calling instruction from Lord Minto then joining the to England). They apologized for the past British armies around 12,000 armies on 100 mistreatment. The Directors conirmed the ships, succeeded in destroying Janssens’ troops place of Thomas Stamford Rafles in Bengkulu, in Batavia. Janssens escaped to Semarang Sumatera (Collis, 2000:100). before gave up to the Britain. This added his Thomas Stamford Rafles arrived in bad record after giving the hope cape to the Bengkulu in 22 March 1818, after facing a British. In 18 September 1811, the Nusantara voyage around 4 months. He spent his time (Indonesian archipelago) capitulation to the to read Marsden’s work and collected some British was signed (Vlekke, 2008:291). information in Sumatera. He issued the same Lord Minto realized that Java had a policy, when he had a power in Java. The forcing strategic area to support the company’s trade policy and slavery was abolished by giving a in Southeast Asia. He believed that Thomas freedom certiicate. He believed that gambling Stamford Rafles could manage Java. However, and cock-ighting contributed to social Thomas Stamford Rafles had a vision not only disharmony. Thomas Stamford Rafles claimed to support British trade, but also to lead the that those activities affected some crimes like natives into their freedom. He re-organized killing and robbery (Rafles, 1824:34-35).

Thomas Stamford Rafles believed that it dependencies from the Dutch (to the British was prominent to keep the safety of Southeast government). However, the kings looked at Asian trade. He pointed the Malacca strait as a the other purpose. They assumed that the strategic area. The Prince of Wales’ Island was British arrival helped them in invading the far from Malacca strait and Bengkulu was near French-Dutch. The Directors of East India from Indian Ocean and Sunda strait. He looked Company in London had an interest to clean out into Tumasik Island, then called Singapore up the inluence of the French-Dutch in (Rafles, 1824:36). Southeast Asia; however, Lord Minto and Thomas Stamford Rafles, through his Thomas Stamford Rafles saw Java as the land diplomatic ability, succeeded to gain a license of promises (cited in Hannigan, 2012). They in building Singapore from Sultanate Johor predicted that Java would be the centre of by paying the land rent. After he had inished Southeast Asia’s trade. They knew that Java a project in building Singapore around July had the valuable natural resources and human 1823, and India had conirmed John Crawfurd sources (Hannigan, 2012). as Singaporean Resident, Thomas Stamford The kings of Nusantara (Indonesian Rafles went back to England in 22 august archipelago) made a lot of corrupted 1824. He died a year later (Collis, 2000). policies without Thomas Stamford Rafles’ consideration, likewise the Sultan of THE HUMANISTIC MIND-SET 2 Palembang’s policy. In addition, the Sultan of Mind-set or mentality could be realized Yogyakarta ignored the sovereignty of British as all thinking and contemplating skills in power in Batavia (Vlekke, 2008). According to facing the environment and the circumstances. Abdul Latif (2014), the transfer of powers in Thomas Stamford Rafles’ romantic thinking South Sulawesi from the Dutch to the British might be shaped through his understanding on was also illegal and could not be recognized. Javanese civilization. This led him to keep the Therefore, Bone kingdom refused to accept place of human beings as the human beings. the British authority in South Sulawesi. Thus, Thomas Stamford Rafles’ policies were the British military power invaded them and they manifestation of the tendency of the Javanese followed the British government (Latif, 2014). way of assimilative thinking. Javanese, based The second policy was to reform the tax on Thomas Stamford Rafles’ accounts, was the system. This change wanted to bring people open minded people and takes the paybacks of into the better life from the oppression. foreign culture without ignoring his tradition Thomas Stamford Rafles introduced the land (Rafles, 1817a). rent system. This was not only to liberate The irst policy was the revision of some the slave from the feudal system, but also to treaties arranging the relation of Batavia stimulate the British inancial interest (cited government and the kings of Java. Thomas in Wijayanti, 2001:121). This perspective Stamford Rafles (1817a) believed that: was based on the view of “the king was the landlord”. The farmers had the right to use [...] the irst principles of the feudal system, which form the basis of the whole ediice, are: that the the land from the king. They rented the land. land is the property of the sovereign; that the This fact seemed to invite the insight that the inhabitants are his slaves, and can therefore farmer had an obligation to give a part of his posses no property, all that they have and all that crops. This tendency led Thomas Stamford they can obtain belonging to the sovereign who allows them to keep it no longer than he chooses; Rafles to use the same pattern in collecting and that the will of the prince is the supreme law the farmer’s tax (cited in Wijayanti, 2001). (Rafles, 1817a:301). Thomas Stamford Rafles’ inal policy was to re-organize the administrative institution. Thomas Stamford Rafles used the king’s He felt that the monopoly system and the right to legitimate the land of Java and its contingenten system gave the drawbacks for 2This sub-chapter is developed from my presented paper people. He suddenly became a responsible in an International Conference of Contribution of History man for the suffering condition. He used the to Humanities and Social Science, in Malang City, East Java, Indonesia, on 5 September 2015. rarely policy that was the direct rule system.

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The direct rule system was the mirror of the Police was to keep a peace, to prevent the Javanese cultural power. The power showed crime, and to arrest the criminal. They had the despotic system. The executive and the to go around in the proper arrangement. judicative power were owned by one man They got a power to request a help from the (the king). The standard of justice and the people (the men) to do its major duty. They government was based on the Holy Qor’an, often called the men to solve a crime and which was itted by the customs and the needs. imprisoned the criminal (Rafles, 2014:686). Javanese were the people who just converted It was different with the Holland’s court, into Islam in ifteenth century. Therefore, some which was based on the Hollanders’ interest. Muslims followed the Islamic law, but it could The British government arranged the equal not replace the ancient belief and the local justice for all classes. British arranged it in the custom (Rafles, 2014:177). court of justice. The court was divided into The Resident, in the British government, two or three members, who were shaped from was not only the longer hand of the central the metropolitan town like Batavia, Semarang, government, but also becoming a jaxa or judge and Surabaya. The court managed the civil of the court (Rafles, 2014:685). Thomas cases and a case should be investigated in the Stamford Rafles (2014) felt that the Javanese process of justice. The jury, then, evaluated the was the honest people. The honesty was promoted facts (Thorn, 2011:210). seemed when they were interviewed, as a All people could enter in the every court. prisoner, without pretending or correcting its However, all cases were not handled mainly mistake and did not add the bias phenomenon the small cases. The government re-acted which was included on the evidences. This and shaped the small court to solve cases, tendency led Thomas Stamford Rafles to use like small debt case. The Resident played a jury system in the process of justice (Rafles, crucial role to decide the justice in a society. 2014:157). The way of solving the case and the cost of About the Jury System. Residents, in the the court were based the society’s experience. British government, did not have any absolute The guidance in executing the justice was power. They were not a bridge between based on the Holy Qor’an, Hadits (words and the king and the people. The Resident was deeds of Prophet Muhammad), and the ancient chosen from the Western people, who were tradition in the land of Java (Thorn, 2011:211). legitimated by Thomas Stamford Rafles. They The resident as a jaxa or a judge of the were not a small king like the native resident. court and its assistants in the bureaucracy of They were given the hard duties becoming a justice, before executing the role, would write inancial administrator and jaxa or the judge and read the curse. Thomas Stamford Rafles of the court. They were helped by the local (1817b) arranged it, in following here: chief becoming a tax collector from the land rent system. The native chiefs were commonly I, [...], solemnly swear that I will truly and faithfully called petinggi, bekel, lurah, akuwu, mandor, execute the duties of my ofice; that I will administer justice to the best of my ability, knowledge, and or based on the local customs. They were judgment, without fear, favour, promise, or hope chosen by the principle of primus inter pares of reward; and that I will not receive, directly (best performances than others, for example or indirectly, any present, either in money or in the smartest or the oldest than others). They effects of any kind, from any party in any suit or prosecution, or from any person whosoever, on commonly lived and cultivated the land in the account of any suit, prosecution, or other legal same district, when they got a job to collect the proceeding to be instituted, or which may be tax (Rafles, 1817b). depending, or have been decided, in any court under This would be a logical consequence that my jurisdiction; nor will I, directly or indirectly, the division of the regency into some districts derive any proits from my station, except such as the orders of government do or may authorize me and the district was divided into several to receive-so help me God (Rafles, 1817b:lxvi). divisions. The Resident and the native chief would be helped by the Policemen in every The court executed the law based on the post of the divisions. The major duty of the curse. They were legitimated by the penghulu

or the priest. The statesmen or the ruling class These were frequently articulated as the story of were present at the court. They could argue the unreliable juror or the religious native, who feared eternal damnation. From the jurors who and gave a recommendation in the process of were allegedly intoxicated by the publicity over investigation; however, they did not have any the infamous Nanavati trial to women jurors who power to execute the inal decision. The court claimed to be followed on the way home from was held twice a week. The accused people court, to the religious Brahmin juror who would would pay guaranteed money, if he did the not swear an oath, the story of the criminal jury is peopled with anxieties over undesirable forms crime in the guaranteed criteria. of inluence, that impinge on legal impartiality. However, the Resident would send a help to Using the criminal jury as a lens, I look at the the Police to arrest the accused people till he claims of universal legal reform as particularly was free legally if he did the unforgiving crime. lending themselves to contestations over sovereignty (Ramnath, 2013). The decision of justice absolutely was decided by the Resident after investigating all facts It might be inluenced by the distiction of the and all jury’s suggestions. If the death penalty authority’s rule. The British rule in india tended was given, it should get an agreement from the to consider the indirect rule system. This Lieutenant-Governor (Thorn, 2011:211-212). system was only used when the government The Resident had a big responsibility to faced the mono-cultural society. British not only decide the justice. They absolutely needed used this system in India, but also implemented the helper like jaxa and penghulu. Jaxa and this system in Africa and America. However, penghulu would help them in investigating British could not apply this system in the coast the fact. He would listen what was said by the of Africa. They were multi-cultural society jaxa and the penghulu, before deciding the (cited in Soeratman, 2012:216-217). verdict. Therefore, the jaxa or the penghulu This consideration was differ to the Thomas got a part of the wage. All related people Stamford Rafles’ case. Thomas Stamford would pay a cost, a Rupee for each man and Rafles faced the rainbow of society. Java was 10% would be paid by the loser (Rafles, a land which was placed by many cultures. 2014:694). Those were Sundanese, Javanese, Chinese, Jury system was the newly system Betawi people, Osing people, Madurese, introduced by Thomas Stamford Rafles. The Baduwi people, and many others. Therefore, native did not have any opportunity to be this situation led Thomas Stamford Rafles to a jaxa; however, they could recommend a use the direct rule system (Rafles, 2014). defence in his own name. It was important About the Court of Circuit. The court of to apply the rule in order to present the justice was one of Thomas Stamford Rafles’ justice. This system led the judge to accept direct rule system representations. The remote all aspiration and petition from all people. government could not execute a punishment The Resident governed his workers to place and they should wait the central government’s a box in the front of the court. The Resident policy. In the system of justice mainly the locked the box and kept the key. The jaxa death penalty, the judge could not execute a would investigate fairly. The jaxa was really punishment to the form of crime, like killing careful in handling the case, mainly the case someone, property’s seizure, and robbery. which was related with the statesmen or the The criminal had to be imprisoned when civil servants. The criminal (coming from waiting the investigation of the circuit court the statesmen) would ind the way to stop (Rafles, 2014:697). This court of circuit had the voice of people into the judge (Thorn, been arranged in the article number ive in the 2011:213). proclamation relating the justice affair in 21 It was different compared to the British January 1812 (Rafles, 2014:703). legal system in India. According to Kalyani The court of circuit aimed to convince Ramnath (2013), the practice of justice that all people gained the equal justice. was determined by notions of belonging to Therefore, one member of the highest judges a different race, religion, and language in in Batavia, in Semarang, and in Surabaya colonial India. She explains that as follows:

28 © 2016 by Minda Masagi Press and UIN SGD Bandung, West Java, Indonesia ISSN 2085-0980 and www.mindamas-journals.com/index.php/tawarikh TAWARIKH: International Journal for Historical Studies, 8(1) October 2016 visited all districts in their jurisdiction. They CONCLUSION visited the district four times a year or in If Karl Mannheim (1991) looked at the decided period or based on their wants to humanitarian liberal as a utopia (Mannheim, check the prosecution and the complicated 1991:242-243); Thomas Stamford Rafles tried crime (Rafles, 2014:703). Before the judge to change a utopia into a reality. His policies of circuit checked the facts, he was sworn directed into humanity. Human beings should irstly. The judge should prepare the criminal be back into their natural state. We could learn list to imprison. The judge of circuit should from Thomas Stamford Rafles’ policies and be careful in observing the prosecutions. why he issued a policy. This is a must to cope In addition, the judge should prepare the W.F. Wertheim (2009)’s sociology of ignorant. complicated criminal list which had the Politics tends to be a device in gaining controversial evidences (Rafles, 2014:703). prosperity for all. In the process of justice located in paserban Thomas Stamford Rafles tends to open (the room of the main judge), they would people’s eyes that what they call as devotion appoint the jury to evaluate the criminal. The is a ridiculous oppression. This leads him to judge of circuit executed the justice based reform the process of justice. He introduces on the facts and the view of jury. Thus, they the jury system and the court of justice to give decided the punishment for the prisoners. The the equal justice for all people.3 judge of circuit in creating a justice should be based on the native law and modiied based on the colonial law and the natural justice (Rafles, 2014:704). The justice would be References guaranteed, if the law had been itted by the Alatas, Syed Hussein. (1971). Thomas Stamford Rafϔles: situation of the society. Schemer or Reformer. Sydney: Angus & Robertson. Montesquieu (2015) said that the law Alatas, Syed Hussein. (1988). Mitos Pribumi Malas: Citra has to be itted by the character of society. Orang Jawa, Melayu, dan Filipina dalam Kapitalisme It is impossible if a law will it for all society Kolonial. Jakarta: LP3ES, Translation. Bastin, John. (1954). The Development of Rafϔles’ Ideas (Montesquieu, 2015:93). The judge, after on the Land Rent System in Java and the Work of the issuing a decision, had to write a description Mackenzie Land Tenure Commission. ‘s-Gravenhage: on: (1) the process of justice; (2) the state De Nederlandsche Boek en Steendrukkerij v.h.H.L. of district, administration, and the people’s Bastin, John. (1957). The Native Policies of Sir Thomas safety or policeman’s duty; and (3) a Stamford Rafϔles in Java and Sumatra: An Economic Interpretation. Oxford: The Clarendon Press. recommendation to enhance an area in order Boulger, Demetrius C. (1897). The Life of Sir Thomas to gain prosperity (cited in Rafles, 2014:705). Stamford Rafϔles. London: Horace Marshall & Son. It could be compared to the present ECJ Carey, Peter. (2014). Takdir: Riwayat Pangeran (European Court of Justice). Clifford Carruba Diponegoro, 1785-1855. Jakarta: Kompas, Translation. Carruba, Clifford. (2003). “The European Court of Justice, (2003) points out that governments are Democracy, and Enlargement” in European Union constrained to obey ECJ rulings and, thus, that Politics, Vol.4(1), pp.75-100. the ECJ is an effective democratic check on Collis, Maurice. (2000). Rafϔles: The Deϔinitive Biography. the behaviour of member state governments Singapore: Graham Brash. (Carruba, 2003). Coupland, R. (1926). Rafϔles, 1781-1826. Oxford: Oxford University Press. The court of justice in the time of Thomas Dickens, Charles. (1859). “A Tale of Two Cities” in A Stamford Rafles and the present ECJ seems to Weekly Journal, Saturday, on 30 April. have a similarity. The system is useful to check Effendhie, Machmoed. (2000). “Proses Penjualan Tanah the lowing regulation in the remote areas. Partikelir P en T Tahun 1813: Kolusi dan Korupsi pada Masa Pemerintahan Rafles”. Unpublished Research However, the clear distinction is relected Report. Yogyakarta: UGM [Gadjah Mada University]. by the applied system between the Thomas

Stamford Rafles’ direct rule and the ECJ’s 3Statement: I, hereby, declare that this article is my own system. The ECJ could be ignored based on the scholarly work; so, it is not a product of plagiarism, due to situation concerning the European countries all sources that are cited in this article, I have shown in the References. This article is also not submitted, reviewed, or having the different policies. published in other scholarly journals yet.

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