ENVIRONMENTAL MANAGEMENT IN COMMUNITY TRADITIONS IN THE LEASE ISLANDS

ENVIRONMENTAL MANAGEMENT IN COMMUNITY TRADITIONS

ON LE ISLANDSASE[1]

 

Merlien Irene Matitaputty

                          

Introduction

Environmental management can be defined as a conscious effort to maintain and/or improve environmental quality so that our basic needs can be optimally met. To achieve good environmental quality, we strive to maximize environmental benefits and/or minimize environmental risks. This is no easy feat.

Environmental management is nothing new. Since the existence of humans, they have been managing the environment. Human hunters must search for and chase their prey. The results are uncertain, sometimes plentiful and sometimes few. The type of animal caught is also uncertain. To be able to ensure or increase the likelihood of results, both in terms of the number and type of animals that can be caught, humans tame and raise certain animals as livestock. They create and maintain pastures. They also protect their livestock from attacks by wild animals. With the development of animal husbandry, environmental benefits can be increased and environmental risks are minimized, so that the possibility of meeting basic needs can be more assured. Similar things are also found in agriculture, fisheries, and forestry. Domestication, namely the taming and raising of wild plants and animals, is a management effort that began very early in human culture.

Humans do not live alone on earth, but together with other creatures, namely plants, animals, and microorganisms. These other living creatures are not merely living companions who live together in a neutral or passive manner towards humans, but rather human life is closely related to them. Without them, humans cannot live. This fact can be easily seen by assuming that there are no plants and animals on earth. Where would we get oxygen and food? On the other hand, if there were no humans, plants, animals, and microorganisms would be able to continue their lives, as seen from the history of the earth before humans existed. Therefore, the assumption that humans are the most powerful creatures is actually not true. We should realize that we are the ones who need other living creatures for our survival, not they who need us for their survival. Therefore, we should be more humble, because the determining factor for our survival is not in our hands, so our lives are actually very vulnerable. The relationship between humans and their living environment is circular, so that even the smallest change in the environment will in turn affect humans. (O. Soemarwoto, 1991; 73).  

Indonesia's vast natural resource wealth is a gift from Almighty God for which we should be grateful. Therefore, its management must be maximized for the prosperity of the people and its sustainability must be maintained. Therefore, natural resource management must be carried out optimally and sustainably, without exceeding the carrying capacity of the region. This will prevent environmental damage and ensure its long-term utilization.

Article 33 of the 1945 Constitution serves as the basis for the State's right to control the fundamentals of the State's economic system, with the aim of ensuring the prosperity of all Indonesian people. This article does not justify arbitrary actions by the State to seize all community rights to manage them according to the Government's wishes, but rather the Government's presence to regulate and provide protection for citizens to exercise their rights and obligations in a balanced manner. The State should be present for its people as a guarantor of rights, so that the community is protected, and thus does not cause conflict with every regulation and policy made. However, throughout the course of the Indonesian State government system, there have been many conflicts, not a few of which were caused by the State. The struggle for natural resource management between the State and the community has been a long-standing issue, especially for indigenous communities. Indigenous communities themselves want their existence to be recognized by the government not because they are a vulnerable group that must be paid attention to but because they are also the pillars of the formation of this country, because long before Indonesia became a country, indigenous communities already existed and carried out all their activities, and recognition of indigenous communities is not a half-hearted recognition as stated in the second amendment to the 1945 Constitution, Article 18 B, but must be a sincere recognition by the State, towards indigenous communities with all their existence.

When examined, the management of natural resources carried out by indigenous communities has never resulted in environmental degradation, but rather, sustainability. Although with simple thinking, indigenous communities can have the wisdom to not exploit natural resources excessively, or they have determined the boundaries of which areas may be exploited and which may not be exploited before the time comes. In Maluku province, which is famous for its local cultural wisdom in managing natural resources both on land and at sea, indigenous communities have established territorial boundaries in managing their natural resources. Such as in marine and coastal areas. Speaking of territory in relation to marine customary rights (marine tenure) in Maluku, this cannot be separated from the concept of ownership (Wahyono, 2000: 54), besides the understanding of maritime areas being related to the concept of boundaries. (boundaries) clear.

So far, when we talk about spatial planning, our thoughts will be directed to the spatial planning of land areas, but what must be understood is that when talking about spatial planning, we are not only talking about land spatial planning but we will also talk about marine and coastal spatial planning, and this also exists in Maluku Province in its regions, especially those managed by its indigenous communities. This is absolutely necessary considering that 2/3 of Indonesia's territory is ocean, including Maluku Province, which almost 90 percent of its territory consists of ocean, so it is very impossible to make marine spatial planning that is adjusted to spatial planning in land areas.

 

Spatial Planning for Natural Resource Management of Indigenous Communities in Maluku

The spatial planning that society has traditionally understood is land spatial planning for the development of economic centers and educational centers in the form of buildings and other physical infrastructure on land. However, it has never been understood that the development of these centers must also occur in marine and coastal areas. As a modern society, we have always assumed that indigenous peoples are backward and primitive, making it impossible for them to properly manage their natural resources. Unbeknownst to us, indigenous peoples actually possess more advanced thinking than we do as modern societies, managing natural resources sustainably for the sake of survival.

This proves that in managing their natural resources, indigenous peoples have their own concept, even the concept they have implemented has formed a spatial plan and this has become a justification for these indigenous peoples in managing their natural resources based on traditions that they have carried out for generations, in the areas they control for exploitation, especially in marine and coastal areas. The above description of the territorial boundaries in the concept of marine customary rights is evidence that indigenous peoples have recognized spatial planning patterns. This is reflected in the concept of marine and coastal natural resource management according to their ancestral traditions from generation to generation in the concept of natural resource management in marine and coastal areas.

Through the emic approach used in studying customary marine rights in Maluku, the concept of advice and month. Petuanan refers to the exclusivity of land (land petuanan) and sea (sea petuanan or labuhan). The concept of sasi is related to maritime customary rights because it is an institution that regulates the exploitation of resources in maritime areas (sea petuanan). The concept of sasi also explains how the maritime customary rights model manifests.

In the areas of Maluku in general and especially in Central Maluku district in particular countries On Haruku and Saparua Islands, Southeast Maluku Regency, in Kei Besar and Kei Kecil, and in North Maluku in North Halmahera Regency, the concept of ownership over territory, both on land and at sea, was found. This concept of ownership over territory is reflected in the territory. advice (term in Maluku) or customary law (in North Halmahera, North Maluku Province).

Villages in Maluku and North Maluku which are located on the coast also have marine areas which are part of their territory. advice or customary law This is an expansion of the village area into the ocean. This is clearly visible from the existence of territorial boundaries. customary law  The sea is drawn from the boundaries of the village area on land. This sea area is called the sea petuanan or in Central Maluku Regency it is called Labuhan.

The sea boundary or harbor boundary is an imaginary line drawn from the land boundary straight towards the sea. Meanwhile, regarding the boundary between village sea petuanan (village-owned sea) and public sea (public property) or the sea belongs to the commons (common property) what the Maluku people call the open sea is an imaginary line between the shallow sea (in Central Maluku and Southeast Maluku it is called the white sea or also called the open sea). pure) and the deep sea which in Central Maluku is called the blue sea while in Southeast Maluku (Kei Islands) it is called the Latetan or Tahait ngametan  (blue/black sea). In Southeast Maluku (Kei Islands) if there are two adjacent villages, separated by the sea, the boundaries of each petuanan area are determined by estimating the middle boundary between the two villages.

Tohor in Central Maluku Regency is often said to be the boundary between the village's maritime authority and the open sea. Meanwhile, in Kei, Southeast Maluku Regency, the boundary between the village's maritime authority and the open sea is called meti or metin. Kata meti or evaluated actually has two meanings, namely first, it means the condition when the water level recedes (ebb and flow), second, it means a shallow place in the middle of the sea. Thus, the sea territory in Kei (Southeast Maluku Regency) apart from the area meti on the coast which refers to the first meaning also refers to the second meaning, namely shallow places in the deep sea (high seas) as long as they are within the boundaries of the sea area belonging to the state. Ratschaaf (One Ratchaaf has several villages).

On Saparua Island, in the village of Nolloth, there is a sasi harbor, a very exclusive area that is closed to everyone at certain times, including members of the village community. This harbor is sasi because of the presence of a marine resource whose exploitation is regulated by the village government: the bia-lala (trochus niloticus) and several similar resources. Therefore, the sasi for these marine resources is called sasi bia-lala. Bialola and several similar resources may be exploited by the Nolloth community only at certain times, namely when the village government declares that the sasi is open.

The village government regulates the timing of these catches (dization) to ensure sufficient opportunity for reproduction, as this is a rare resource. Furthermore, this is to ensure optimal yields due to its high economic value.

According to records kept by the Head of Nolloth Village, the length of the sasi area has expanded several times. Until 1977, it was only 1 km parallel to the coastline, then in 1978 it increased to 2 km and from 1990 to 1993 to 2,5 km. This increase in area was due to the breeding of bia-lala, resulting in a large population and more widespread locations. The waters of the sasi harbor stretch out towards the sea, from the highest tide mark to a depth of 25 meters. At a depth of 25 meters, people can no longer dive to catch bia-lala. With a length of 2,5 km, it is estimated that the current sasi harbor area is around 46,5 hectares. This area has doubled from the area of ​​​​the sasi harbor area in 1978, which was only 22,5 hectares.

In the sea harbor/labuhan area of ​​Haruku village (Haruku Island), there are also areas that are closed or prohibited from exploiting their resources at certain times, even by the village community, except with certain tools and certain types of resources. The sasi harbor in Haruku village is divided into two parts, namely the first harbor is the sea harbor sasi and the second harbor is the lompa fish sasi.

The boundaries of the sea sasi are from the northern corner of the Village Hall, 200 meters to the sea towards the west and south to Tanjung Wairusi.

The sasi limit for Lompa fish in the sea; starting from Vector Harbor, 200 meters to the sea towards the west and south to Tanjung Hi-i.

With the closure of the sea harbor area, the community is prohibited from exploiting its resources except with nets and boats. Only fish that are permitted to be caught are those found at depths up to an adult's waist. The free harbor area extends from the northern corner of the Village Hall to Tanjung Waimaru. In this free harbor area, people are permitted to fish with nets, but disputes are not permitted. If a dispute arises, the free harbor will also be declared a sasi.

In addition, Ambon Island and the Lease Islands also have sovereign rights over maritime areas. H. Hattu stated that, generally, all the countries on Ambon Island and the Lease Islands acknowledge that they have sovereign rights over maritime areas as a concept of ownership, but from the aspect of territorial boundaries, several views are found as follows:

a. Maritime boundaries between countries.

 

The boundaries of the marine petuanan area are generally determined by drawing a straight line from the land boundary between the two countries towards the sea to the boundary between white water and blue water.

b. The maritime boundary between the State and the high seas. 

This concept is related to the understanding that the boundary of the country's maritime area towards the open sea is determined at the boundary between white water and blue water. In other words, the blue sea is a free sea that can be used by anyone.

According to RV Rugebregt, the management of natural resources in marine and coastal areas by indigenous communities within their customary territories has naturally formed a spatial planning pattern. These communities acknowledge that clear, unwritten rules exist, but they are adhered to as a collective agreement passed down through generations. However, the presence of the government, with its various policies, has led to conflict within the community. Both the Spatial Planning Law and the Marine and Coastal Area Management Law have also given rise to new conflicts. Their implementation will be highly detrimental to indigenous communities.

    

Government Policy on Mapping Marine Areas for the Management of Indigenous Peoples' Natural Resources.

The government's policy of recognizing the existence of indigenous peoples' rights is actually part of an effort to improve the welfare of society in general, who have the same rights and obligations before the law and government.

A careful examination of the substance of various national laws and regulations in Indonesia reveals no detailed legal protection for the maritime rights of indigenous communities. Even if they exist, they only address general matters. In their implementation, as long as they are relevant to indigenous communities, bureaucrats often interpret these general provisions according to their own preferences.

Regarding the management of indigenous people's natural resources, research has revealed that the implementation of various laws and regulations governing coastal area management is faced with a traditional system that tends to be increasingly eroded by various government policies. In fact, the customary legal system that regulates marine areas also regulates fishing zones regularly and is managed wisely, even under unfavorable conditions, because it is not supported by legal instruments that strengthen the existence of indigenous peoples as an entity that has a very important position and role. The Central Government policy that still causes polemics in its implementation is the presence of Law Number 27 of 2007 concerning the Management of Coastal Waters and Small Islands. The Implementation Plan for Law Number 27 of 2007 above is still very vague and difficult to implement. This is caused by:

The requirement for a Coastal Zone/Atlas mapping implies that maritime boundaries must be established for the purpose of implementing the intended law. The question is whether maritime mapping is necessary. How should it be determined? And will it not create new problems in society? Law No. 32 of 2004, which has established the boundaries of authority for the Central Government, provinces, and regencies/cities, has already caused conflict, let alone the creation and determination of maritime boundaries. Can the sea be demarcated? What about the territories owned by indigenous peoples? What about marine natural resources such as fish and other mobile creatures? And how can authority be determined at sea if the islands are so close together? All of this will give rise to new conflicts in society. Indigenous peoples simply want their existence and all its attributes recognized. This means not only being recognized for their culture, such as dances, etc., but also for their local wisdom in managing their natural resources through practices they have practiced in their communities. Why? Because it has been proven for decades that indigenous communities who maintain their traditions are able to preserve the natural environment and all the natural resources contained within. Japan, a modern industrial nation, has also recognized the superiority of its local communities in managing their natural resources. In fact, the presence of the government, with its various policies, has damaged and lost the spatial management patterns of indigenous communities. Various government policies that

            Meanwhile, our country, Indonesia, has yet to find a unified management model for natural resources in marine and coastal areas. Indonesia tends to follow trends in developed regions like the United States, Canada, and Australia, which may not necessarily reflect the conditions in our marine and coastal areas. This is compounded by inadequate human resources or placements that do not align with their skills and abilities based on their professionalism. Furthermore, our technology and information systems are still far behind. This makes things even more difficult.

 

Recognition of Local Wisdom of Indigenous Communities in Natural Resource Management      

In fact, the State or government is not merely asking for approval or agreement, but more than that, it must provide broad access to the community to be able to participate in development projects so that they are not marginalized in the development process. So far, due to erroneous government policies, the concept of the State's right to control has been practiced deviating from its true meaning, which ultimately makes indigenous communities powerless in rich (potential) petuanan or ulayat areas. Local wisdom from indigenous communities to manage natural resources including land, as well as social structures become meaningless in the relationship between the natural environment and humans as its managers.

Indigenous communities, as part of the state's general governance structure, must be positioned as an integral part of the development process. This means that the government, as the policy-maker and political and legal decision-maker, must respond positively to their active community participation. Indigenous communities should not be developed solely based on the government's will, but should be given the freedom to develop according to their potential, ensuring balance. Development policies must be integrated while remaining community-based. (R. Souhaly, 2006; 82)  

The descriptions in the previous sections provide an understanding of the national development paradigm, which is solely oriented towards pursuing economic growth to increase state revenue/foreign exchange, and its implications for legal development in the field of natural resource management. The ideology of legal centralism tends to marginalize social capital, namely environmental image and ethics, religious systems, and customary legal principles and norms that reflect the ecological wisdom of local communities. Furthermore, national development also degrades natural resource capital due to exploitative development activities.

Therefore, in order to realize the legal system that the government and legislature are: Conduct a review of all legal products that do not reflect justice, democracy, and sustainability. The state must provide recognition to indigenous communities and all their existence based on the mandate of the constitution, and create various regulations and policies that favor these indigenous legal communities. It has been proven that the concept of natural resource management based on local wisdom has maintained environmental sustainability and the sustainability of existing natural resources.

 

Environmental Management in Community Traditions in the Leasa Islands

The Lease Islands are islands outside Ambon Island in the East, lined up from West to East starting from Haruku Island, Saparua Island with the small island of Maulana and Nusalaut Island. (Ziwar Effendi: 1987)

Since the 16th century in Central Maluku, especially in the Lease Islands, a maritime customary law system, better known as "Sea Sasi Law," has been known. This is a set of laws containing legal rules and procedures for managing and utilizing the functions of the marine and coastal environment for the benefit of the children of the land or coastal indigenous communities along with the legal institutions that support it. This legal system is indeed one of the legal systems that is still known and maintained as part of the customs and traditions of the indigenous peoples of the Lease Islands, Central Maluku.

This sea sasi tradition is driven by a set of legal rules where in addition to the known rules relating to the protection, management and utilization of marine and coastal environmental functions, also the functions of the land environment. Therefore, in the environment of the indigenous community in the Lease Islands of Central Maluku, in addition to the sea sasi tradition, there is also a land sasi, so that in the concept of sasi law, the object of protection, management and utilization of the environment is not only aimed at coastal areas in the ocean, but also land areas which are part of the customary rights (customary rights) of a country that has always been recognized.

The customary maritime rights that belong to the customary community association include: (a) the right to the petuanan area, including the right to protect it, (b) the right to manage it; and (c) the right to utilize marine products. Furthermore, customary maritime rights that are the authority or only owned by the king as the head of the customary community association include: (a) the right to regulate the use of the sea petuanan or labuhan; (b) the right to enjoy marine products; (c) the right to cast nets, nets, at the opening of the sasi event; and (d) the right to determine the procedures for the babaliang sasi, a type of sea sasi intended for those who want to use the sea for business. Meanwhile, customary maritime rights that are the authority or owned by customary institutions, such as saniri negeri and kewang include: (a) the right to determine the time and event for the opening of the sasi; (b) the right to determine the type of fishing gear; (c) the right to enforce the legal rules of sasi / polisinila; (d) the right to auction babaliang; (e) the right to determine the boundaries of the sea sasi area; (f) the right to grant business permits within marine petuanan areas; and (g) the right to resolve disputes regarding violations of petuanan territory.

To follow up on this matter, several legal rules regarding sasi and kewang are known, such as:

1. Regulation of Sasi Aman Akui and Kewang Negeri Haruku Institution

2. The regulations of Lola and Taripang in the land of Noloth

3. Paperu State Sasi Regulations

4. Ihamahu state sasi regulations

5. Sasi and kewang regulations of Itawaka

6. Amahai country's sasi regulations

7. Regulations of the sea sasi and kewang negeri haria

8. Tulehu State Financial Regulation Number 1 of 1980

9. Other sasi and kewang regulations in several countries in the Lease Islands, Central Maluku.

One of the traditional countries that still upholds the traditional values ​​inherited from their ancestors is the Haruku nation, which strives to preserve this local wisdom amidst the rapid changes occurring with science and technology. One form of local wisdom that still exists and continues to function in the management of natural resources and environmental conservation is the "kewang" (environmental guardian) institution.

The Haruku Kewang Institution has existed since 1600 and is now in its sixth generation (1979–present). In carrying out its role, the Kewang Institution is led by a Kewang Chief called Latukeang or Latukewano. The Kewang Chief oversees several Kewang administrators and members.

The changes in the government system within the country and the enactment of various laws related to natural resources, both on land and at sea, have not changed the structure or purpose of the Kewang's authority. Kewang remains consistent in implementing measures to protect natural resources even though the State Constitution does not agree with this. What is certain is that the Kewang's existence, in relation to its duties and authority, does not depend on changes in policy from the Republic of Indonesia government, but on the decisions of the great saniri of the land of Haruku.

Although purely a traditional organization, the Haruku Kewang institution continues to build relationships with the government (Village, Sub-district, Regency, Province, and Central) as well as other domestic and international parties in the context of natural resource management and environmental conservation. (Eliza Kissya; Head of the Haruku Village Kewang).

Customary rights as stated above are communal rights or association rights which are still recognized and maintained even philosophically. These rights are a reflection of the recognition of the customary environment, which essentially regulates how the sea and coast along with the existing natural environment are treated wisely for the common good and the future interests of the next generation.

 The recognition and implementation of maritime customary law in the Lease Islands of Central Maluku has so far been local and more based on the interests of maintaining order and security as well as respect for customary values ​​recognized in society by prioritizing the wisdom of customary law itself, although it is realized that gradually customary law and its institutions are increasingly fading in existence, especially since the enactment of Law Number: 5 of 1979 concerning Village Government. Therefore, by maintaining the wisdom of the customary legal system, customary legal rules, both written and in the form of customs (unwritten), must continue to be enforced as long as they are in the interests of a country for the preservation of natural resources and the environment itself.    

 

Closing Event

Coastal natural resource management will inevitably lead to conflict between stakeholders, including the government and related agencies, the private sector, individuals, and indigenous communities. While the government strives to ensure that coastal management is fair and equitable, government policies often conflict with indigenous communities' rights to manage their coastal areas. This is especially true when such management exceeds their territorial boundaries, or when government policies are simply imposed without regard for the local wisdom of these indigenous communities. Management, particularly in marine areas, involves rules that constitute mutual agreements and cannot be violated. In other words, indigenous communities already have their own legal systems and local wisdom in managing natural resources, and government policies will undoubtedly significantly influence spatial planning patterns.  

Therefore, the government needs to be wise in creating policies and legal regulations that accommodate all matters concerning the interests of the wider community. The central government must create a new, integrated law that accommodates the local wisdom of indigenous communities as a form of state recognition of their authority in managing coastal areas. Meanwhile, regional governments, including the Maluku Provincial Government, must create regional regulations that recognize the rights and authority of indigenous communities in controlling and managing coastal and marine areas.

           

READING LIST

 

H. Hattu, Granting Authority for Marine Area Management to Autonomous Regions Regarding the Land Rights of Indigenous Communities on Ambon Island and the Lease Islands, 2003

RV Rugebregt, The Influence of Government Policies in Spatial Planning on Natural Resource Management by Indigenous Communities.

R.Souhaly,  Law and Natural Resource Management

O. Soemarwoto, Ecology, Environment and Development

Department of Maritime Affairs & Fisheries, 2001 General Guidelines for Sustainable and Community-Based Management of Small Islands, Jakarta.

Ziwar Effendy, 1987, Ambon Customary Law – Lease.

Peter Mahmud Marzuki, 2005, Legal Research, Kencana Prenada Media Group

Philipus M. Hadjon, 1997, About Authority, JURIDIKA, Number 5 and 6 Year XII, September – December 1997, Faculty of Law, Airlangga University, Surabaya

Wahyono A., 2000. Customary Maritime Rights in Eastern Indonesia, Media Pressindo, Jakarta