CO-MANAGEMENT OF SEA AND COASTAL MANAGEMENT BASED ON LOCAL WISDOM OF KEWANG AS A LEGAL POLITICAL OF THE MALUKU REGIONAL GOVERNMENT

CO-MANAGEMENT OF MARINE MANAGEMENT ¹

AND COASTAL BASED ON LOCAL WISDOM OF KEWANG

AS A LEGAL POLITICAL GOVERNMENT OF MALUKU

 

CO-MANAGEMENT OF MARINE
COASTAL AND LOCAL WISDOM BASED KEWANG
AS THE LOCAL GOVERNMENT LAW POLITICS MALUKU

Arman Anwar ²

Faculty of Law, Universitas Pattimura, Ambon

arman_1170@yahoo.com.au

ABSTRACT

Maluku though known as an island province the rich with potential natural resources. However  ironically Maluku including provinces poorest ke-3 in Indonesia (SUSENAS Bps 2010). Because of that, development paradigm in the islands PMaluku Province, must be changed. Pmarine management and coastal areas must by the view that sea, land and resource nature that located ininside is unity and managed integrated in Policy management sea ​​area and the coast for the welfare of the Maluku people.  

Policy and strategy as mentioned done using approach According to the Island, and Cluster Island by utilizing traditional institutions and wisdom local indigenous communities in Maluku. For translate target and direction the policy then it is necessary a legal policy management natural resources and its preservation that covers programs development and empowerment of indigenous communities managed in a manner Co-management and terintegrity antara various stakeholders, government, and public customs.

Through the method Social Legal Research expected efforts to revitalize and strengthen the capacity of traditional institutions kewang in Maluku can be applied through a collaborative model of Co-management of marine and coastal management based on local wisdom of kewang (community-based management) as a legal policy for the Maluku Regional Government. So that out put What is hoped for in the future is that a revitalization program and strengthening of the capacity of the Kewang can be designed so that they can have good knowledge, be able to institutionally design customary regulations (legal drafting) at the national level and the ability to enforce these regulations wisely and with authority in order to support the implementation of its institutional duties so that it becomes a vital traditional institution and has strong institutional capabilities in facing the challenges of changing times.

¹ Proceedings of the Development of Environmental Law Now and in the Future, National Seminar held at the Faculty of Law, Padjadjaran University, Bandung, 28 May 2013

²    Lecturer at the Faculty of Law, Universitas Pattimura, Ambon

 

ABSTRACT

Although known as the Moluccas island province that is rich with natural resources. But ironically Maluku is the 3rd poorest province in Indonesia (BPS SUSENAS 2010). Therefore, the development paradigm in Maluku islands, should be changed. Management of marine and coastal areas in a way that the view of the sea, land and natural resources therein is one unified and integrated in a policy managed marine and coastal zone management for the welfare of the people of Maluku.

Policies and strategies as mentioned are carried out using approaches Sea Island, and island groups by using indigenous institutions and local knowledge of indigenous communities in Maluku. To translate the goals and direction of the policy, political law requires a natural resource management and conservation programs that include the development and empowerment of indigenous peoples who are managed Co-management and the integrated between the various stakeholders, governments, and indigenous peoples.

Through methods Social Legal Research expected revitalization efforts and strengthening the institutional capacity of indigenous Kewang in Maluku can be applied through a collaborative model Co-management of marine and coastal management based on local wisdom Kewang (community based management) as a legal political Maluku Regional Government. So that the expected future output is designed to shape the Kewang revitalization and capacity building program so that they can have a good knowledge, institutionally capable of designing custom rules (legal drafting) the level of the country as well as the ability to enforce these regulations and authoritative wisely in order to support the implementation of institutional tasks so that it becomes a vital and traditional institution that has strong institutional capabilities in facing the challenges of changing times.

Keywords: Co-management, Local knowledge Kewang, Political Law

1. 1.PRELIMINARY

1. Background

Maluku Province has established its identity as an archipelagic province because geographically it has an ocean area of ​​92,4% of the total area of ​​Maluku Province, namely 712.480 km² Thus, it only has a land area of ​​around 7,6%. Based on Landsat 7 satellite imagery analysis, Maluku Province has 1.412 mainland islands with a coastline of 11.000 km. Due to its location, Maluku's waters are traversed by three Indonesian Archipelagic Sea Lanes (ALKI).[2]

Based on these objective conditions, it is urgent that the struggle of the Maluku people to form an archipelagic province is outlined in the 2005-2025 Regional Long-Term Development Plan (RPJPD) of Maluku Province as the Fifth Main Idea of ​​the Basic Development of Maluku, namely realizing Maluku Province as an Archipelagic Province with an Island Cluster, Island Sea Area and Multiple Door approach pattern. In addition to the above territorial approach, a cultural approach based on customs and customary law is also needed which is always upheld, respected and obeyed. The importance of a cultural approach in the development of the Maluku Region is due to the cultural diversity of the customary law communities in Maluku Province.Research Specifications

This paper is the result of social research on law conducted using the "method"Social Legal Research”. Social Legal Research is a legal research that places law as a social phenomenon. This research is linked to social problems by emphasizing individual or societal behavior in relation to the law. Research Material

Considering that the subject of this study is customary law, this research constitutes a social study of customary law. Therefore, the research topic studied in this paper is the effectiveness of customary law, compliance with customary law rules, and the role of customary law institutions, in this case the Kewang customary institution, as the maker and enforcer of customary law, as well as the influence of customary law rules on certain social problems or conversely, the influence of certain social problems on customary law rules.

III. RESULTS AND DISCUSSION

1.  Understanding the Kewang Traditional Institution

  Society is a verkeer tussen mensen namely a stable coordination scheme for relationships between humans. The relationships referred to by Logemenn are called institutions or agencies. These institutions, as stable relationships between humans in society, are a collection of actions related to certain consequences that are accepted and adhered to in the life of the society in question. These institutions are also called match etc.[6]

Conservation of natural resources and the rights of indigenous peoples to the management and utilization of natural resources in  countries in Maluku it has been known for a long time and has been practiced from generation to generation through a customary legal institution called the institution kewang. 

Kewang is a traditional institution that is mandated to manage and preserve the natural resources and the community's economy, as well as supervise the implementation of customary rules or discipline (country month) in indigenous communities where one of the main tasks is to protect and preserve all natural resources, both in the sea, rivers and forests, and to impose sanctions on those who violate the rules. quantity country[8] 

            According to Emil Salim, Sasi is determined by the community itself from below on the initiative of the community itself and supervision of its implementation is also carried out by the community through the traditional police, the corps. Kewang  And they aren't paid by the government. Hidden here is the wisdom of a community that has long had an environmental perspective. No one provides them with education or training in environmental conservation, but rather observation, "common sense" and the people's love for the natural environment has encouraged the birth of customary law quantity this is in Maluku.[10]

B. Constitutional Rights of Indigenous Peoples in the Management of Marine and Coastal Areas 

Van Vallenhoven in his book entitled Het Adatrechts van Nederlands Indie deel I, 1906-1918, divides the Indonesian customary law area into 19 (nineteen) customary law areas (adatrechtskringenMaluku was included by Van Vallenhoven in the 13th customary legal area, which includes Buru, Ambon, Hitu, Banda, Uliasar Islands, Saparua, Seram, Kei Islands, Aru Islands and Kisar.[12]However, in the era of reform, recognition, protection, and respect for indigenous communities and their traditional rights have once again gained a special place in the dynamics of legal development in Indonesia. This is manifested in the discourse on regional autonomy, which was formalized in Law No. 22 of 1999/32 of 2004 concerning Regional Government. Its crystallization is in Article 18B paragraph (2) of the second amendment to the 1945 Constitution. Article 18B paragraph (2) states that:

"The state recognizes and respects customary law communities and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, as regulated by law."

Likewise, Article 28I of the 1945 Constitution states that:

"The cultural identity and rights of traditional communities are respected in line with the development of the times and civilization."

MPR Decree No. XVII/MPR/1998 concerning Human Rights. This decree affirms that recognition and protection of indigenous communities is part of respect for human rights. Article 41 states:

"The cultural identity of traditional communities, including rights to customary land, is protected, in line with developments in the times."

Thus the existence of indigenous communities is constitutionally recognized (constitutional recognition)Victims of past legislation

Kewang Eliza Kissya was officially appointed as head of Kewang in 1979,[15] As the head of Kewang, he is obliged to implement Sasi, which is a tradition of his ancestors to protect and secure natural resources both on land and at sea.

1. Weak rules and law enforcement

As part of his form of disappointment, Kewang Dominggus Sinanu[17] 

Kewang Eliza Kissya also conveyed the same disappointment,Lack of support and weak local government policies  

According to Kewng Dominggus Sinanu, the Maluku Provincial Government and the Ambon City Government need to pay attention to and regulate the existence of the Kewang traditional institution in a single regional regulation so that this Kewang traditional institution has a clear legal basis. It is hoped that this way, Kewang can function optimally and can play its vital role in maintaining and preserving ecological functions in environmental conservation. Unlike now where Kewang must struggle and make efforts alone, including for example in carrying out activities such as mangrove seedlings, planting, and maintenance, all funding must come from the Kewang personally without any incentives and support from the local government. He hopes that they will not be left to struggle alone to preserve the environment and face the challenges of increasingly severe environmental damage without legal support and support from the government. This statement is based on his experience where he was forced to face directly with environmental destroyers in legal proceedings, both in the Police and in court. He was even detained in Military Police detention for his efforts to protect a community water source that was damaged by a military officer who wanted to build a toilet at the location. 

The absence of legal protection guarantees for the rights and obligations of a Kewang means that a Kewang does not have legal certainty when carrying out his noble duties. This reality places the Kewang in a weak position and is always on the losing side when dealing with certain officials or when facing legal problems.

Similarly, Kewang Eliza Kissya learned from her experience in the Ambon District Court, where she had to travel a long distance from Haruku Village to Ambon City, crossing islands. She had to face everything herself, without the assistance of a legal aid institution, and at her own expense. When a legal issue forced her to attend every court hearing, it was a particularly difficult time for her. There was no money from her country to Ambon to attend the hearing, and no legal aid institution protected her rights. She fought hard to speak directly in court on behalf of her indigenous community. She fiercely fought for the rights of her indigenous people, whose lives had been destroyed by environmental destroyers. Meanwhile, she worked as the head of the Kewang without a salary. To support her family, she relied solely on her farming and livestock skills.Security sensitivity and instability in conflict-prone areas

When the 1999 Maluku riots occurred, much of the Kewang's land was burned to the ground, forcing them to flee and flee to safety. Now, with security conditions still unstable, the Kewang must be careful in imposing sanctions, especially imprisoning the perpetrators of fish bombing, many of whom come from neighboring countries with which they have been at war. While before the riots, they attempted to imprison the perpetrators or impose sanctions according to their customary law, now they must resort to amicable settlements to avoid tensions that could disrupt security instability in the community after the riots.

 According to Kewang, the unrest has forced them to be extra cautious in their actions, given that security conditions are not yet fully stable. The sensitivity and vulnerability of conflict-affected communities are key considerations when resolving environmental destruction issues. He believes a persuasive approach is more beneficial than a militant approach. Previously, they had to fight against environmental destroyers indiscriminately. But now, they must be more cautious, as even the smallest issue can be provoked into a major problem, ultimately counterproductive.

Based on the cases above, the Kewang has experienced an unfavorable dynamic. Besides their weak legal standing, the Kewang also finds themselves in a weak socioeconomic position because they rely solely on their own financial resources to cover almost all operational costs in carrying out their duties and responsibilities. According to M. Kainama, this situation burdens the Kewang's social and economic situation. As a result, their attention is sometimes divided between supporting their families and carrying out their routine duties as Kewang members. To date, there has been no pro-Kewang policy from the local government specifically related to the Kewang institution.[21]

According to M. Kainama, Kewang is a structured institution and must play its role well, but the problem is that the regional government and the structures below it have not paid serious attention to the existence of this institution.[23]  

According to J. Leiwakabessy, that institution Kewang This tends to be less functional on Ambon Island and the Lease Islands when faced with the dynamic conditions of change. This means that the activeness of the institution Kewang and legal existence Sasi The constitutional rights of indigenous peoples are guaranteed and respected in the constitution and laws of the Republic of Indonesia. However, the existence of indigenous peoples and their traditional rights, including the rights to manage the sea and coastline, have not been fully implemented by local governments. 

1. The responsibility of Kewang is very strategic and vital in protecting and preserving the environment and maintaining ecological sustainability, but this responsibility has not received a positive response from the local government.
2. Management of Coastal Areas and Small Islands in Maluku Based on a Strategic Approach Integrated Coastal Management The regional government has not yet fully implemented optimally. The regional government's legal policy has so far not specifically guaranteed the existence and legal certainty of the traditional kewang institution and its role in the Management of Coastal Areas and Small Islands in Maluku Based on the Community-Based Approach. Integrated Coastal Management through regional regulations.

1. B.Saran
   1. From a political-legal perspective, many regulations still accommodate the government's interests as a development agent by centralizing coastal and marine resource management policies. This eliminates the constitutionally recognized strategic role of indigenous communities. Therefore, regulations need to be synchronized to align with the objectives of coastal and marine area management based on the Community-Based Approach. Integrated Coastal Management.
   2. The process of environmental orthodoxy (environmental orthodox), modernism and the dominance of science have also threatened, weakened, and marginalized indigenous communities with all their local wisdom and traditional knowledge. Therefore, customary institutions such as the kewang must be maintained in the constantly changing conditions of modern society, so that the identity of the Maluku people is not uprooted from their cultural roots.
   3. The traditional kewang institution must continue to be empowered by the local government in accordance with its strategic role in environmental conservation. Therefore, the Maluku government needs to revitalize and justify it through regional regulations so that the kewang have a legal basis and guarantees of their rights and obligations as expected. This includes improving their socioeconomic conditions so they can live a stable and dignified life. Therefore, further research is needed to formulate a collaborative model for co-management of marine and coastal management based on local kewang wisdom (Community Based Management) As the Legal Policy of the Maluku Regional Government.

REFERENCES

 

BOOK :

 

Arif Satria, 2009, Coasts and Small Islands for the People, IPB Press, Bogor

Bushar Muhammad, 2002, Principles of Customary Law An Introduction, Pradnya Paramita, Jakarta.

B. Ter Haar Bzn, 1981, Principles and Structure of Customary Law, Pradnya Paramita, Jakarta.

Bellefroid, JHP, Inleiding tot de Rechtswetenschap in Nederlands, Dekker & Van Vegt, Nijmegen Utrecht, 1952

BPS Maluku Province, Maluku in Figures Maluku in Figures  2008

Cliff RC Marlesy, 1991, Maritime Customary Rights in Maluku , Hualopu Foundation, Faculty of Law and Center for Maluku Studies, Unpatti, Ambon

Eliza Kissya, 2001, Sasi Aman Haru Ukui Tradition of Sustainable Natural Resource Management in Haruku, Sejati Foundation, Ambon,

RZ Leirissa, 1971, Review of VOC Trade Politics in Maluku, in EPF Luhulima (ed), Anthology of Maluku History, National Cultural Research Institute, Jakarta.

Sandra Moniaga and Stephanus Djuweng, , 1994, ILO Convention 169 Concerning Indigenous and Tribal Peoples in Independent Countries, ELSHAM and LBBT, Jakarta in Yance Arizona, 2010, Between Text and Context: The Dynamics of Legal Recognition of Indigenous Peoples' Rights to Natural Resources in Indonesia, Huma, Jakarta

Yance Arizona, 2010, Between Text and Context: The Dynamics of Legal Recognition of Indigenous Peoples' Rights to Natural Resources in Indonesia, Huma, Jakarta

 

PAPER :

                                                  

F. Sahusilawane, 2004, Sasi and Kewang in Maluku, Paper on the Interactive Dialogue of Cooperation between the Ministry of Environment, the Maluku Regional Government, the Center for the Study of History and Traditional Values, and the PPLH of Universitas Pattimura, Ambon, 12 October 2004

J. Leiwakabessy, 2006, Paper Sasi Dakam Culture Preserves Coastal Environmental Resources, delivered at the Maritime Cultural Dialogue Activity, Ambon

Head of Bappeda Maluku Province, 2006, Main Ideas Paper on Synergistic Development Welcoming the Island Provinces delivered at the Workshop on the Preparation of the Strategic Plan of the RC Maluku Maritime Partner Program Consortium,

Lokollo, JE 1978, Sasi Law Paper in Maluku: A Portrait of the Noble Rural Environment Sought by the Government, Oration for the 25th Anniversary of Universitas Pattimura, Ambon

RZ Titahelu, 1995, Legal Empowerment Efforts for Indigenous Communities. Main Ideas Based on the Reality of Current Legal Problems with Indigenous Communities in Maluku, Paper of the Faculty of Law, Unpatti, Ambon,

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