Borneo Research Journal

THE CIVIL COURTS AND DETERMINATION OF NATIVE CUSTOMARY LAND RIGHTS: MERELY DECLARING OR MAKING LAWS?

2019-12-30T08:30:48+08:00

It is often said that laws are made by legislature and the judges’ role is only to declare and to interpret those laws. In interpreting the laws, the courts apply laws to new situations thereby developing the law. Indeed, judicial decisions have an important role in clarifying customary rights to land based on native laws and customs in Malaysian Borneo. Although breaches of native laws and customs are within the jurisdiction of the state Native Courts, major disputes over land rights which involve non-native parties have been fought in the federal system of civil courts. This paper looks at judicial decisions relating to the customary practice of pemakai menoa, and argues that recognition of land rights begin with recognition of indigenous legal traditions. To achieve justice and equality, and to prevent the law from being oppressive, the courts must make a conscious inquiry and contextual application of customs. In the light of inherent evidentiary difficulties in adjudicating native claims, this means approaching the rules of evidence, giving due weight to the unique perspectives, the normative values and rights under indigenous legal traditions and customary laws.

Keywords: native law and customs, native customary rghts to land, judicial contextualisation, Pemakai Menoa and territorial rights, Pulau, role of judges

KERJASAMA SARAWAK DAN KALIMANTAN DALAM MENGHADAPI ANCAMAN KOMUNIS, 1963-1974

2019-12-30T08:42:59+08:00

Extended Abstract
Background: Sarawak, located in Malaysia and Kalimantan, in Indonesia are two twin regions of Borneo Island that depend on many aspects including political, economic, social and security. The position of the two border areas is very important to keep an eye on in avoiding any issues that can gives a huge impact on the socioeconomic wellbeing. This statement provides a clear message that security aspects must be the government's main agenda in maintaining peace and prosperity. However, in the face of unprecedented security developments in either Sarawak or Kalimantan from 1963 to 1974, leaders from both regions saw the need for the synergy in restoring Sarawak's security due to communist threats to both areas. In ensuring this, Sarawak and Kalimantan believe that diplomatic relations need to be strengthened to facilitate cooperation and assistance when needed. To accomplish this purpose, this paper will describe the military collaboration between Sarawak and Kalimantan from 1963 to 1974. This period was chosen in view of the communist threat in both areas. Communist ideology does not conform to the beliefs and lifestyles practiced by Muslims around the world. In the context of Islamic teachings, this communist ideology is far from a creed and should be rejected altogether because it claims that the Prophet Muhammad was nothing more than a fairy tale created in the eighth century by the command of an Arab Caliph. Regarding the Qur'an, the communists described its contents as a collection of religious clauses, divisions, divisions and mixed laws. The Quran was

ACCESSING NEWS AMONG THE ELDERLY IN BRUNEI DARUSSALAM

2019-12-30T08:43:00+08:00

This paper discusses how the older generation in Brunei Darussalam is adapting to technological changes and how they have shifted from traditional media to using smartphones to access news today. The participants consist of village heads age between 50-75 years old. The method used to collect data is a focus group interview. The participants are divided into three separate categories during the focus group interview. Results showed that the younger group among the three which is the 50-59 and the 60-69 tend to access news from the smartphones. The participants have adapted to the use of technology by using social media apps such as WhatsApp and Facebook as a way of accessing news. Some of the participants also maintained using traditional media such as television, newspapers and radio from time to time because it has become a habit to access traditional media since they were at their young age. The oldest group of participants, age 70-75 solely maintain using traditional media because they have difficulties adapting to technology due to age factor, health reasons as well as lack of adaptability to new technology.

Keywords: older generation, technological changes, smartphones, news, traditional media

LINGUISTIC DIVERSITY IN BOOK AND JOURNAL PUBLICATIONS ON SARAWAK, 1810-2016

2019-12-30T08:35:30+08:00

This paper focuses on linguistic choice in book and journal publications on Sarawak. It is found that in general, English has lost its formerly quasi-monopoly in book publications on Sarawak in the period since the formation of Malaysia (1963-), in particular since the 1980s, although it is still of great importance. Malay has become an increasingly relevant language of book publications on Sarawak. There is also an interesting body of book publications in Chinese and Austronesian languages from Sarawak, including in Iban since the mid-2000s. Overall, there seems to be a rather stable equilibrium of languages since the early 2000s. In terms of academic journal articles on Sarawak as represented in the Malaysian Abstracting and Indexing database MyCite, a similarly stable equilibrium between English and Malay has been found. The specialised scholarly discourse on Sarawak in the examined contributions from the humanities and the social sciences is mostly conducted in Malay, not English, while a few publications in the social sciences and in all of the sciences, engineering, and medicine, are in English. This linguistic diversity in publications on Sarawak implies that scholars working on Sarawak should be fluent in more than one language.

Keywords: Sarawak, linguistic diversity, English, Malay, Chinese, Iban, humanities, social sciences

TOURISM DEVELOPMENT AND THE NEW PATH OF MIGRATION IN SABAH, MALAYSIA

2019-12-30T08:43:00+08:00

The establishment of nature conservation projects often bring dilemmas for local communities in Southeast Asia, including in Sabah, Malaysia. On the one hand, the enactment of Kinabalu National Park has triggered the dispossession of local people from their customary lands, but on the other, it offers various economic opportunities. Employing ethnographic method, this article explores the transformation of Dusun community living in nearby Kinabalu Park and its connection to the influx of foreign migrants from Indonesia. Besides Mount Kinabalu, agriculture acts as the core of cultural pattern for the local people. However, the establishment of Kinabalu Park has offered tourism as the more profitable economic sector, therefore, agricultural lands tend to be abandoned, left for the elders and foreign workers from Indonesia. Recently, scores of Indonesian migrant families are inhabiting several villages nearby Kinabalu Park, basing livelihood primarily on vegetable cultivation. Religious factor and the advance communication technology also play role to this migration pattern. According to direct observation, the majority of Indonesian migrants are predominantly Christians, similar to the religion of the host community. With the advent of ICT, these Indonesian migrants living in Sabah ensure that their family ties even though separated by Sulawesi Sea remains unhindered.

Keywords: tourism, migrant, transformation, Kinabalu Park, agricultural land

DAYUNG BORIH, THE CONDUITS OF THE BIDAYUH AND THE SPIRITUAL WORLD

2019-12-30T08:43:00+08:00

Dayung Borih, or Bidayuh priestess and Gawai are two important cultural elements within the context of the traditional Bidayuh of Sarawak. This paper examines the role and significance of Gawai and Dayung Borih within the Bidayuh community. The data for this study was collected through a series of interviews and participant observations conducted in two villages in the Bau district. The interviews revealed that the concept of Gawai in the olden days was a form of rituals relating human to spiritual beings with the help of the Dayung Borih acting as mediators. The role of Dayung Borih was not only limited to mediators but also healers whereby healing Gawai were performed by them. The traditional Bidayuh believed that these Dayung Borih were gifted women selected by the spirits themselves. It was a highly respected position within the Bidayuh community but physically, mentally and spiritually demanding for these women. However, the number of Dayung Borih is decreasing and together with it their significant in the community as well as the concept of Gawai which has changed due to modernisation within the Bidayuh community.

Keywords: Bidayuh, priestess, ritual, spirits, communication

BIRD AS A SUBJECT IN WOOD CARVING MOTIFS: AN OBSERVATION ON BAJAU TRADITIONAL WEAPONS

2019-12-30T08:43:01+08:00

The wood carving on the hilt and sheath (taguban) of parang (machete) created by the Bajau craftsmanship in Kota Belud is well-known for its uniqueness across Sabah. This study discusses the stylisation and value of appreciation from the philosophy of Bajau’s craftsmanship and the influence of the wood carving motif designs. The subject of birds is interpreted as a pattern in wood carving on either on the hilt, the tagubantaguban (sheath) or bladed weapon. Among the examples of bird’s subjects include hornbills, birds, manuk (rooster) and naga (dragons). This study aims to comprehend Bajau’s parang weapons, addressing the bird’s motif and its connection to mythical and cosmological values and why the study of the values expressed Bajau craftsmanship concerning the principles of Malay aesthetics as it expands the cultural reach of the Bajaus across the Malay Archipelago. This research is conducted through in-depth interviews with Bajau parang craftsmen as well as through participant observation at their workshop and exhibitions. Semantic Differential method is used in the research to understand what the larger community of Bajau craftsmen recognise to be the values inherent in their artform. The authors refer to Zakaria Ali’s six principles of Malay aesthetics to understand how the parang-wood carving traditions of the Bajau conform to these principles. It is within this early cosmopolitan history that the bird design motif can be understood as a motif that embodies both local