Orang Ulu Customary Laws (Orang Ulu Customary Code of Fines)

The term “Orang Ulu” as defined in the Orang Ulu Customary Code of Fines refers to the KAYAN and KENYAH community and expressly exclude the Kelabits, Penans, Punans and Sabans and makes no reference whatsoever to the Bisaya and Lun Bawang communities. For the purpose of this paper, any reference to Orang Ulu will include the Kelabit, Saban, Penan, Punan, Bisaya and Lun Bawang as all these communities are commonly classified as belonging to the Orang Ulu groups. These communities have their own distinct customary laws and practices which will be referred to in various parts of this paper. However, special attention is given to the “Orang Ulu Customary Code of Fines” as it is the only existing piece of formal legislation incorporating the customary laws of part of the Orang Ulu Community, namely, the KAYAN and KENYAH communities. This paper will give a brief historical account of the development of the general customary law system in Sarawak with specific reference to the Orang Ulu customary law. The existing status of the Orang Ulu customary law and its administration will also be discussed. Particular deficiencies and weakness in the various customary law systems currently practised by the various communities will be highlighted. Several propositions on adjustments to the existing customary codes applicable to the Orang Ulu and the administration system will form the conclusion of this paper.