Pemutus: Difference between revisions
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A '''pemutus''' is a person with judicial, mediative and adjudicative roles, central to the ''keputusan'' system. Their titles also often translated as "judge", pemutuses extend fraternal recognition to each other, and acknowledge the authority of ranking members within the pemutus confraternity, who act as judges of appeal; one becomes a pemutus by being inducted by another, and publicly assuming the associated responsibilities. The system that they uphold is primarily one of customary law, strongly influenced by legal precedent, cultural practices, traditional customs, and religious beliefs. To this end, while pemutuses are instrumental to resolving disputes in the community through application of law, they also play other ceremonial and symbolic roles. A pemutus, apart from their powers and duties, are expected also to refrain from certain activities or expressions; in the course of their application of law and custom, they are expected to be neutral, aloof, and distant from powerbrokers and stakeholders. Common expressions of this expectation include not engaging in commerce for profit, not accepting gifts, and recusing themselves from cases involving family or close friends or associates. | A '''pemutus''' is a person with judicial, mediative and adjudicative roles, central to the ''keputusan'' system. Their titles also often translated as "judge", pemutuses extend fraternal recognition to each other, and acknowledge the authority of ranking members within the pemutus confraternity, who act as judges of appeal; one becomes a pemutus by being inducted by another, and publicly assuming the associated responsibilities. The system that they uphold is primarily one of customary law, strongly influenced by legal precedent, cultural practices, traditional customs, and religious beliefs. To this end, while pemutuses are instrumental to resolving disputes in the community through application of law, they also play other ceremonial and symbolic roles. A pemutus, apart from their powers and duties, are expected also to refrain from certain activities or expressions; in the course of their application of law and custom, they are expected to be neutral, aloof, and distant from powerbrokers and stakeholders. Common expressions of this expectation include not engaging in commerce for profit, not accepting gifts, and recusing themselves from cases involving family or close friends or associates. |
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A pemutus is a person with judicial, mediative and adjudicative roles, central to the keputusan system. Their titles also often translated as "judge", pemutuses extend fraternal recognition to each other, and acknowledge the authority of ranking members within the pemutus confraternity, who act as judges of appeal; one becomes a pemutus by being inducted by another, and publicly assuming the associated responsibilities. The system that they uphold is primarily one of customary law, strongly influenced by legal precedent, cultural practices, traditional customs, and religious beliefs. To this end, while pemutuses are instrumental to resolving disputes in the community through application of law, they also play other ceremonial and symbolic roles. A pemutus, apart from their powers and duties, are expected also to refrain from certain activities or expressions; in the course of their application of law and custom, they are expected to be neutral, aloof, and distant from powerbrokers and stakeholders. Common expressions of this expectation include not engaging in commerce for profit, not accepting gifts, and recusing themselves from cases involving family or close friends or associates.
Terminology
The term pemutus comes from the affixation of the prefix peng- to the verb putus; in this context, the prefix means one who does something, and the verb to decide, break off, or end. The term "pemutus" can therefore be translated as decider or ender. The sense of this term is that a pemutus is the final resort when disputes cannot be resolved, the authority as to whether something is valid or extant or not, the authoritative decisionmaker as to facts and obligations, in the community which they serve.
Initiation
A person becomes a pemutus when another pemutus inducts them as one. The process for induction varies from place to place, and has varied over time, but generally consists of inquiries as to whether the candidate is of good character and standing in the community, an examination to test the candidate's sense of justice, scholarship and sound mind, and finally, a ceremony in which the candidate is administered an oath, and is publicly acknowledged and acknowledges their role as a pemutus, often with formal celebrations. At this, the new pemutus may divest themselves of any roles or engagements which are incompatible with their new role. Another common practice is to find several other pemutuses to weigh in and confirm the candidate's suitability; one's legitimacy as a pemutus may be weakened if only one other was involved in initiation, unless it was caused by necessity such as remoteness. It is the case that a pemutus may initiate the process to make someone else a pemutus if they consider it would be a good idea, but it is also the case that people may initially apply to a pemutus to become one.
Pemutuses of higher ranks largely follow similar procedures, albeit with much greater gravity and scrutiny. There is ordinarily considered to be 2? ranks (3rd rank mythic intergenerational prophet-like figures?)
Duties and powers
Pemutuses adjudicate legal disputes brought before them in accordance with the customary law. Their powers are strictly delineated by custom, and though they are respected insofar as they are seen to interpret and apply the law, they are not regarded to have any powers beyond it. Pemutuses are expected not to attempt to exert power beyond their limen, but pemutuses who attempt to exert themselves beyond their powers (such as by becoming politically influential outside of their role, or engaging in significant commercial business) are seen in a sense to abdicate their roles; being seen to lose objectivity and abandon custom, other pemutuses may decide to remove them, or they may merely cease to be recognised in the local community.
Communities are expected to contribute to the upkeep of the pemutus in an evenhanded and regular way. The manifestation of this upkeep may take various forms; in some communities, the more informal custom of allowing the pemutus to take and consume what they wish may prevail. In others, cash donations are more common. Sometimes, a pemutus may have enough personal wealth, or be able to subsist with no outside help, and thus refuse contributions. On the flipside, a community that disapproves of a pemutus may semi-covertly express its disapproval by reducing the amount and extent to which it contributes to the pemutus' living expenses.