LOCAL WISDOM IN THE PHILOSOPHY OF ENVIRONMENTAL MANAGEMENT OF INDIGENOUS COMMUNITIES IN MALUKU

LOCAL WISDOM IN PHILOSOPHY

ENVIRONMENTAL ARRANGEMENT OF INDIGENOUS COMMUNITIES IN MALUKU[1]

 

By: Revency Vania Rugebregt

 

Introduction

Global climate change is a consequence of the current environmental crisis, resulting in natural disasters everywhere. Floods, landslides, rising sea levels, and sedimentation are also impacts of the environmental crisis. This is the result of human indifference to the environment. This environmental damage occurs not only due to individual actions such as illegal logging, improper waste disposal, and so on, but also due to the actions of policymakers who lack environmental awareness and awareness.

In fact, this environmental crisis itself has become a global concern, and it is the responsibility of the world community to overcome this environmental crisis. This responsibility is evident in the United Nations (UN) program as a representative of the world community which has firmly tried to overcome this crisis in a series of Earth Summit (High Level Conference) agendas, the last of which took place in Bali in 2010. Likewise, the determination of April 22 as Earth Day aims to remind the world community of the importance of the earth's role in the sustainability of humanity and all life on this earth.[2]However, the reality is that environmental degradation is increasingly apparent.

While we all agree that development must continue for the sake of community prosperity, it should be implemented using a human rights approach, rather than a needs-based approach. This means that forests should not be simply cleared in the name of development, altering their function, disregarding community rights to land and the surrounding natural environment, and thus denying indigenous communities access to resources. The result, as is currently the case, is an environmental crisis occurring everywhere due to the pursuit of economic interests alone.

Bodley said that development activities that are dominated by the state, centralized in nature, and solely oriented towards pursuing economic growth ultimately only result in victims of development. (victims of development).[3] And Bodley is right, development has claimed many victims, including displacing and ignoring local cultural variations that reflect environmental wisdom. (ecological wisdom) indigenous people (indigenous people) in the management and utilization of natural resources. The control and utilization of natural resources, which is largely dominated by states pursuing only economic interests, is the primary cause of environmental degradation. Furthermore, centralized control and utilization of the environment by the state actually closes off opportunities for community participation in the management of existing natural resources. For example, community access to forests as a source of life and community access to the sea and coast (e.g., in the Paperu and Saparua communities), which of course displaces and ignores local cultural values ​​that reflect the environmental wisdom of indigenous communities in the utilization of natural resources.

The reality on the ground is that up to now there are still many indigenous communities or customary law communities with cultural capacities, knowledge and technology systems, religion, traditions, and social capital such as environmental ethics and wisdom, norms and legal institutions to manage natural resources wisely and sustainably.

In Maluku, where many indigenous communities still practice customary law, local cultural wisdom is deeply embedded in the management of natural resources, particularly those based on the environment. The sasi culture, which is still preserved today, is one concrete manifestation of environmentally-based natural resource management. Furthermore, the behaviors of indigenous communities that are still preserved today are still evident. In Negeri Ihamahu, for example, and in several other customary law areas in Maluku, when harvesting forest products such as sago, those who cut down a sago tree are required to replace it with 10 sago saplings. Furthermore, people are prohibited from making noise in the forest when the trees are flowering, as according to local communities, this will disrupt the fertilization process and cause the flowers to fall off, etc.[4]This shows how indigenous people are so at one with nature that they value nature as much as they value themselves.

Cultural capacity, as outlined above, constitutes invaluable social capital and must be taken into account in achieving sustainable development. In the context of forest and marine resource management, social capital in the form of ethics, religion, environmental wisdom, and local legal norms (folk/customary/adat law) constitutes a cultural asset that must be taken into account, utilized, and accommodated in policymaking and the formation of state law regarding natural resource management.

Based on this thinking, what needs to be discussed is how local wisdom is embedded in the philosophy of environmental management of indigenous communities in Maluku.

 

Discussion

1. Understanding Local Wisdom

In the dictionary sense, local wisdom (local wisdom) consists of two words: wisdom (wisdom) and local (local). In the English-Indonesian Dictionary by John M. Echols and Hassan Syadily, local means local, whereas wisdom (wisdom) is the same as wisdom. In general then local wisdom (local wisdom) can be understood as local ideas (local) which is wise, full of wisdom, has good values, which are embedded in and followed by members of society[5]Local wisdom exists within societies, communities, and individuals. Therefore, local wisdom is a traditional perspective and knowledge that serves as a guide for behavior and has been practiced for generations to meet the needs and challenges of a community's life. Local wisdom functions and is meaningful within society, both in preserving natural and human resources, customs and culture, and is beneficial to life.

2. Environmental Management

The local wisdom of indigenous communities in managing natural resources embodies values ​​of goodness and wisdom. There is always a balance between humans and their natural surroundings. It's no wonder the environment is well-maintained. However, it's unfortunate that modernization and development have caused environmental pollution, leading to negative impacts. Yet, indigenous communities, with their wisdom, have safeguarded the environment and ensured its preservation.

The term Environment, in English is called "environment", in Dutch it is called "milieu", or in French it is called "I'environment"[6] There are several formulations regarding the definition of the Environment, "In general, the Environment is defined as all objects, conditions, circumstances and influences that exist in the space we occupy, and affect living things including human life. The boundaries of environmental space according to this definition are very broad, but in practice, environmental space is limited by factors that can be reached by humans such as natural factors, political factors, economic factors, social factors and others."[7]

Munadjat Danusaputro as quoted by Siahaan[8], provides the understanding that "The Environment is all objects and forces and conditions, including humans and their behavior, which are found in the space where humans exist and affect the survival of others. Thus, the physical environment and the cultural environment are sufficient."

Furthermore, Otto Soemarwoto argues that the definition of "Environment is the sum of all objects and conditions in the space we occupy that influence our lives."[9]

According to the legal definition, the Environment in Chapter I General Provisions Article 1 number 1 of Law Number 32 of 2009 concerning Environmental Protection and Management is "The unity of space with all objects, power, conditions, and living creatures, including humans and their behavior, which affect nature itself, the continuity of life and the welfare of humans and other living creatures." The environment is an absolute part of the life of every human being and other creatures, therefore it is necessary to protect and manage it. Article 1 number 2 of Chapter I General Provisions of the UUPPLH provides the understanding that "Environmental protection and management are systematic and integrated efforts carried out to preserve environmental functions and prevent environmental pollution and/or damage which include planning, utilization, control, maintenance, supervision and law enforcement." For this reason, environmental management is necessary so that the environment remains sustainable and continuous. Environmental management itself is the process of grouping, utilizing, and controlling the environment according to its potential and function.

The concept of global environmental management encompasses a single region. According to Setyo Moersidik (Lecturer at the University of Indonesia's Postgraduate Program), environmental management is key to ensuring the sustainability of environmental functions. The principles of management are closely linked to the conservation of natural resources, human resources, and other natural resources.[10]  According to Law No. 32 of 2009 concerning Environmental Protection and Management, the Environment is a spatial unity with all objects, power, conditions, and living creatures, including humans and their behavior, which affect nature itself, the continuity of life, and the welfare of humans and other living creatures.

Over the past five years, Maluku Province, particularly Ambon City, has seen significant development. The widespread infrastructure improvements undertaken by the local government represent a significant step forward in addressing various development challenges. However, this development has not been carried out with careful consideration. Policymakers appear unaware of their actions. A concrete example of negligent government policy is the granting of a building permit to a developer, specifically the Bukit Lateri Indah housing development, which has resulted in environmental pollution. This environmental pollution has impacted the ecosystem, specifically the development of mangrove forests that have been managed for decades, and the lives of coastal communities along the coastline. This impact not only impacts the survival of the mangrove forests but also the livelihoods of the fishermen in the area. The community's powerlessness in combating the developer's environmentally destructive practices stems not only from the developer's indifference but also from the weak performance of the government agencies handling the issue and the weak law enforcement in this case. The results of a visit by the Regional People's Representative Council (DPRD) Commission, the Maluku Public Works Agency, the Maluku Regional Development Planning Agency (Bappeda), the Maluku Environmental Impact Management Agency (Bapedalda), and the Environmental Care Coalition (Marinyo, January 25, 2007) revealed that environmental damage had occurred at the site. Sedimentation resulting from land clearing around the site has damaged the natural laboratory in the mangrove forest and caused the extinction of environmental components surrounding the mangrove forest.[11].

This clearly shows us that the development of housing by developers in Lateri is completely contrary to the principles of sustainable development which are the result of the Earth Summit in Rio De Janeiro, Brazil in 1992. The results of this conference decided that the sustainable development paradigm was accepted as a political development agenda for all countries in the world.

In addition to the housing development in Bukit Lateri Indah, there are also other housing developments in the hilly area for housing, such as Citra Land, then the construction of the Ambon City Center Mall, Maluku City Center which is currently under construction, the Red and White Bridge, the International Hospital in the coastal area of ​​​​Tantui, not to mention the construction of Victoria Park which is said to have more than 16 floors or perhaps 45 floors. No one prohibits all these development activities as long as they benefit the lives of many people. But is it beneficial to many people only seen from an economic perspective that is considered beneficial? Then what about cultural aspects, environmental aspects, and other aspects. The most important thing to be studied and reflected on is whether the development carried out has truly met all standards, both environmental carrying capacity and environmental carrying capacity standards, then looking at the environmental planning whether the place where the development is carried out is truly designated in accordance with the Regional Spatial Planning (regulated in Law Number 26 of 2007 concerning Spatial Planning), and whether a Strategic Environmental Assessment (KLHS) has been carried out (as mandated by Law Number 32 of 2009 concerning Environmental Protection and Management) which contains the values ​​of: interconnectedness, balance, and justice.

There are many stages and processes that must be carried out in development, especially those that have impacts. Because it must go through a long mechanism to achieve maximum results. As mentioned above, building construction and other development projects must meet environmental feasibility standards, such as environmental carrying capacity. According to Law No. 23 of 1997, environmental carrying capacity is the ability of the environment to support human life, other living things, and the balance between the two. According to Soemarwoto[12], environmental carrying capacity is essentially the carrying capacity of the natural environment, namely based on the biomass of plants and animals that can be collected and captured per unit area and time in that area. According to Khanna[13] Environmental carrying capacity is divided into 2 (two) components, namely supply capacity (supportive capacity) and waste capacity (assimilative capacity). Meanwhile, according to Lenzen[14] Human needs from the environment can be expressed in terms of the area needed to support human life. This area needed to support human life is called the ecological footprint. Lenzen also explained that to determine the level of sustainability of natural resources and the environment, human needs are then compared with the actual area of ​​productive land. The comparison between the ecological footprint and the actual area of ​​productive land is then calculated as a comparison between available land and land requirements. Carrying capacity or environmental carrying capacity refers to the ability of a place to optimally support the life of living things over a long period of time. Environmental carrying capacity can also be defined as the ability of the environment to provide a prosperous and sustainable life for organisms for the population inhabiting an area.

From the above understanding, the question arises whether the construction of the Red and White Bridge, for example, does not have an impact on Ambon Bay and its surroundings, both on damage to marine biota due to the installation of piles, soil structure due to excavation at the Galala estuary, which is not impossible that this is what caused the rise in water levels due to rain that caused flooding on August 1, 2012, although until now there has been no specific research on this matter. In addition, sedimentation that has occurred due to housing development in the hills, coupled with the construction of bridges and other buildings will further exacerbate the damage to the ecosystem in our region. In addition, the sea is not used as a mother/breast milk as the people of Lamalera (NTT) think but now the sea has been used as a giant garbage dump.

Still referring to environmental carrying capacity, the definition of Environmental Carrying Capacity is:

– The maximum and balanced number of organisms or specific species that an environment can support

– The maximum number of people that an environment can support without damaging the environment.

– The number of living things that can survive in an environment over a long period without endangering the environment

– The maximum population size of a particular organism that an environment can support without harming that environment.

The average population density or population size of a human group below which it is expected to increase, and above which it is expected to decrease due to resource shortages. The carrying capacity will differ for each human group in a given environment, due to the type of food, shelter, and social conditions of each environment.[15]

The construction of buildings, hotels, malls, bridges, and housing has visibly contributed significantly to environmental pollution and damage. In 1999–2000, we still saw fishermen from Negeri Rumah Tiga, Galala, Lateri, Latta, and other surrounding areas in Ambon Bay gathering in the middle of the bay to fish when they could see large groups of fish (known colloquially as maniso fish) gathered from the mainland. However, since then, these sightings have become rarer.[16]

The marine and coastal areas, which were once the source of livelihood for local fishermen, have been damaged. Traditional fishermen who once fished in the bay are no longer able to carry out their activities. Only the ojek (motorcycle taxi) service plying the Poka-Galala route remains active. Unfortunately, this activity is threatened with cessation due to the construction of the Red and White Bridge, and the fate of these boatmen remains uncertain.  

Seeing the developments above, it is not an exaggeration if the author says that the Maluku provincial government and the district and city governments do not yet have... sense Environmentally conscious. Perhaps the current mayor, Richard Louhenapessy, has made a breakthrough with the Jjumpa Berlian program, but that is not the main solution. Because as long as development policies only pursue economic value and ignore other values, the region will never progress. Furthermore, the character of environmentally conscious leaders is also very minimal. In fact, every policymaker, including regional leaders, must have environmental knowledge, so that their policies have environmental sensitivity. It is not impossible because our former mayor, Decky Wattimena, was one of the mayors who brought the city of Ambon to receive the Adipura award, not only because of his policies behind the desk, but also because of his knowledge of the environment, his sensitivity to the environment that was built into his character. The author's interviews with several older generation figures who live along the coast stated that: almost every day he (former Ambon mayor Decky Wattimena) patrols the morning to see whether people throw garbage into the sea or not because if caught, he will be sanctioned. Similarly, the story of the shops along Jalan AY Patty, whose owners will be sanctioned not to open their shops for 1 week if there is a lot of garbage in front of their shop. Not to mention the prohibition on constructing buildings taller than six stories. Furthermore, signs prohibiting construction in some locations declaring the area a conservation area, etc. This is the story of a regional leader with an environmental perspective.

Another standard that must be carried out in environmental planning is the implementation of a Strategic Environmental Assessment (KLHS) which contains the following values: Linkages (interdependencies) used as an important value in KLHS with the intention that in the implementation of KLHS, the relationship between one component and another, between one element and another, or between one biophysical variable and another biological variable, or the relationship between local and global, the relationship between sectors, between regions, and so on. By building these links, KLHS can be implemented in a comprehensive or holistic manner. Then in the Balance value (equilibrium) is used as an important value in the KLHS with the intention that the implementation of the KLHS is always inspired or guided by the values ​​of balance such as the balance between socio-economic interests and environmental interests, the balance between short-term and long-term interests, the balance of central and regional development interests, and so on. The implication is that forums for identifying and mapping the depth of the interests of the parties are one of the important processes and methods used in the KLHS. Meanwhile, the value of Justice (justice) used as an important value with the intention that through KLHS can produce policies, plans and programs that do not result in marginalization of certain groups or groups of people due to restrictions on access and control over natural resources or capital or knowledge. By applying the value of interconnectedness in KLHS, it is hoped that policies, plans or programs can be produced that consider the interconnectedness between sectors, regions, and global-local. At a more micro level, namely the KLHS process, interconnectedness also contains the meaning of producing a holistic KLHS thanks to the interconnectedness of analysis between physical-chemical, biological and socio-economic components.

Let's say that the government was very wise in issuing Law Number 32 of 2009 concerning Environmental Protection and Management, which requires various studies based on the values ​​of interconnectedness, balance, and justice. All these values ​​should be integrated and harmonized with the local wisdom of indigenous communities in environmental management. As explained above, local wisdom always rests on the balance between humans and nature. This aligns with the Strategic Environmental Assessment (KLHS). This implies that development programs must also incorporate the values ​​of local wisdom embodied in the community, both in natural resource management and spatial planning, to ensure balance while not neglecting human rights to the environment. It has been proven that for thousands of years, local wisdom has been able to maintain environmental sustainability and sustainability, a legacy for future generations. We need development for progress, but appropriate development does not mean eliminating customs or eliminating the cultural riches of a region, but rather, advancing the potential and wealth of that region. Because, if development actually eliminates traditions, then it is certain that the nation will lose its identity.  

 

Local Wisdom of the Maluku Indigenous Community and the Philosophy of Environmental Management in Natural Resource Management.

It is crucial to re-interpret the philosophy of indigenous peoples' local wisdom in managing natural resources and the environment. While high-tech solutions to environmental pollution and other developmental challenges are ineffective, indigenous peoples, with their cultural wisdom, can provide a solution. When modern society struggles to decide which technology is environmentally friendly, the solution lies in the indigenous peoples' local wisdom, which does not create conflict. In Japan, the government has handed over the management of marine resources to the community, as has been the case in some regions of Australia. The government acts solely as a facilitator and mediator to protect the rights of these communities. Indonesia, proud of its diverse culture, should follow suit. In Maluku, the indigenous peoples demonstrate a tradition of environmentally conscious natural resource management. Their traditional community structures and knowledge systems serve as a source of strength in carrying out ancestral traditions.

In the structure of Maluku's traditional society, before the arrival of the Dutch, two large groups were known, namely (a) ULI SIWA and (b) ULI LIMA. The social structure was based on GENEOLOGICAL-TERRITORIAL ties, namely blood ties and territorial ties. Generally, the settlement of a luma tau was called uku which cover aman or henna and led by a upu. Uku or also villages that are located nearby form an association called uli, although it is the lowest type of uli, it has a more real social function. This type of uli is led by a upu latus and assisted by someone head of the soa (the leader doesn't know), kapitan (warlords). Countries that belong to Uli Siwa nor five days have common customs in certain matters and highly respect the bonds of brotherhood[17].

The use of the term for village or country comes from Dutch, namely negorij (country). This country is led by someone with a title latus which the Dutch replaced with the title king, patti or the rich.

            In all their activities, the indigenous people of Maluku still uphold their traditions, which have been passed down from generation to generation. They believe that these traditions were passed down by their ancestors who founded the traditional state association. (safe, henna,) and they hope that customs can be carried out as the only way of life. state then made into its own customary association, namely a social group bounded by a common bond. In a certain sense, it can stand alone. The obligation of the children of the land, for example, to submit to customary (rules), is a fundamental and principled matter, especially those still alive in the lands of Lease and Seram. As a customary land, each land has a special building called "baileo" namely as a meeting place for all elements in the traditional community. Baileo is also used as “microcosm”, namely a communal traditional gathering of the children of the country. It can also be used as a place of traditional worship, where every activity or traditional ceremony is carried out from "baileo", because of that, in some countries there are special positions in the baileo.

            Traditional (indigenous) knowledge systems are still felt in indigenous communities in Maluku today, where a connection to nature, the ecosystem, remains a vital part of people's lives. This is evident in the forms and activities of land cultivation, which still utilize traditional technology.

That the nature of Maluku society is "cosmic", That is, everything becomes a unity. Humans, in the cosmic sense, are part of nature and cannot be separated from their sphere of existence. There is no separation between the physical world and the spiritual world, so balance is necessary. Likewise, there is no separation between humans and other creatures. Indigenous peoples in Maluku view customary law more as rules given by the heavenly ruler. (upu lanito), ruler of the earth (ina ume) or the boundaries that have been set by the land's protective spirit (that's safe). Therefore, any disturbance to the above balance is declared a violation of the law and legal officers are obliged to take the necessary actions.[18].

Much of the local wisdom of indigenous communities in Maluku remains preserved and utilized in natural resource management, ensuring environmental sustainability. Their philosophy, which considers nature an integral part of their lives, requires balance in its management. Take, for example, marine resource management.

Sea or Lau For the people of North Maluku Province, the sea is a place to live. It is a gift from the Almighty, with all its contents. For the local people, the sea is a habitat for various crops that must be preserved, as it will prolong their lives.[19].

The community still holds fast to their ancestors' message that the sea must be protected. They believe the sea is like a woman, and should be treated kindly and gently. If treated harshly and carelessly, the sea will rage and bring disaster.

The sea is also seen as a good means of communication because it can connect islands. It is also seen as a sacred place, so those who go out to sea to earn a living must carry out rituals. As time goes by, ceremonies are held. "lalohi" ask Allah to bring abundant results.

The local people also believe that there is a close relationship between them and fish, for example, according to their view, skipjack tuna comes from a woman, so when catching skipjack tuna, it must be done well (i.e., it must be seduced as if seducing a woman), because if this is not done, according to their belief, the fish will run away from them.

From pantun or Bololo Dollar community in M ​​ProvinceaIn the North Luku, we can also find the community's views on the sea. Such as:

“Yau fomatai pasi moro-moro fo naku ise”

which has the meaning:

Yau fo matai pasi = the ocean is where we live

Moro-moro fo naku pasi = let's take care of it together

“Kangela fo hisa ngolo kore sebao magina”

Which has the meaning:

Kangela fo hisa ngolo = even though it is difficult, the sea is

                                                   We must take care of it.

Kore sebao angina = wind and current have a charge, a

                                                   The work must be carefully planned.

For the customary law communities in Central Maluku, for generations the implementation of provisions to protect marine petuanan between the magical balance in the environment continues to be carried out, even though they do not know the exact reasons for the regulations they implement. They see it more as rules that have been given by Upu Lanito (ruler of the sky), Ina Ume (the ruler of the earth) or the boundaries that have been set by That's safe (village guardian spirit) and Nitu Upu (family spirit guardian).[20]

To maintain the balance between humans and natural resources, in this case marine and coastal natural resources in Central Maluku Regency, Maluku Province, local wisdom is known in the management of marine and coastal natural resources, namely in the form of provisions containing prohibitions on taking and managing marine and coastal natural resources for a certain period of time called sasi.

The people of Kei (Southeast Maluku Regency), especially those living in coastal areas, are inseparable from the sea. The sea provides their livelihood as fishermen, and they are also generally farmers or cultivators. The sea also serves as a transportation route between villages, especially for villages with inadequate land transportation infrastructure.

The sea, like the land, belongs to the Ohoy (village)/ratschap. The Ohoy or Ratschap's ownership includes both land and sea, hence the name nuhu-met (nuhu = land; met = tidal area in the sea).

In essence, in the view of the Kei people, the sea is also land or soil, but land or earth that is watery. The sea is called tahait which contains expressions or meanings nuhu met roa  which means watery land. As for land, it is called hand which contains expressions or meanings yut eris war, made ersai roan which means fish that taste roots (on the beach) and cuscus that jumps in the forest.

In the view of the Kei people, the sea cannot be separated from the land and vice versa. Both are parts of one whole. People travel by importance by sea, and traveling on foot on land (belan en so, yet en wil). Sea and land are symbolized as men because at any time they can become violent, while land is symbolized as women because land or earth on land is a symbol of women which also symbolizes the mother from whom humans are born.[21]

Since ancient times, the sea has been a primary source of livelihood. The Kei people sailed their boats as far as Gorom in East Seram to trade or exchange their boats for slaves or other goods. They sailed in their boats in search of treasures such as lela (rice cakes), plates, and so on. This wealth was needed, among other things, and most importantly, for dowries, to obtain women.[22].

In the lives of the Kei indigenous people, the sea is very close to them. In the past, they obtained wealth by working on boats.

Talking about the values ​​contained in the customs or culture of an ethnic group in Indonesia, one of the fundamental things that must be remembered and cannot be left out is that the values ​​in question contain normative standards for good behavior in relation to the personal lives of each member of society as well as in relation to social life.

In North Halmahera district, there is a custom found Hibua Lamo, These traditional values ​​have covered all the etiquette for the community which is very important for all behavior of the community, both communally and individually.

            To look comprehensively at the values ​​contained in customs or culture hibua lamo. As for the main points hibua lamo are as follows[23]:

1.        Egalitarian Values

One of the values ​​in custom hibua lamo is egalitarian, which can be seen from the kinship system and also in the structure of society. hibua lamo does not recognize the existence of hierarchy, because in traditional society hibua lamo The position of the community is the same and there is no difference. This can be seen in the leadership system where in the community government system hibua lamo title Jiko Makowano (king of the Gulf) is not based on inheritance but is based on elections. As for the election system Jiko Makowano known by the term Oh Higaro  (inviting and testing prospective leaders) in its implementation, namely, a number of traditional figures from each Hoana gathered at hibua lamo and determine candidates, then test their abilities, both in terms of knowledge and prowess as knights. The chosen person is the one who truly stands the test, is the best, and can serve as a role model for society in general.

In philosophy hibua lamo There are 5 (five) main elements that are interrelated, namely: First, Oh Dara, can be interpreted as love, namely love for fellow human beings and between individuals and society. This value is reflected in daily life practices, such as the habit of sharing out one's fortune (catch at sea or game).

Second, Oh Hayangi, The meaning is the same as the word "dear" which is closer to the meaning of helping each other, as well as taking care of each other's feelings and not hurting each other. The form of Oh dear It can be seen when people are sick or die that the community will work together to alleviate the suffering or sorrow of families who have been struck by misfortune.

Third, O baliara, can be interpreted as "maintaining" which contains the meaning of caring for each other, supporting or assisting each other, serving each other in order to create a prosperous, safe and peaceful atmosphere of life together.

Fourth, Oh justice, meaning justice, which contains the meaning of equality of rank, dignity, and balance of rights and obligations before normative rules recognized and accepted as customary law. Acts such as cheating, fraud, and other acts that violate customary norms are considered forms of injustice that must be restored because they disrupt the balance that has always been well maintained.  

2.        The value of mutual cooperation

A review of cooperation from a customary law perspective, Ter Haar distinguishes between ordeling hulpbetoon with woderkering hulpbetoon. Regarding this matter it is stated that ordeling hulpbetoon must be carried out and is directly based on customary law, and is not based on current or future achievements. While wederkering hulpbetoon For example, there is mutual assistance when someone clears land that has been previously chosen. Thus, harmony or mutual cooperation is a process of social interaction within a community, both between individuals and communally, which is traditional in nature.

3.        Democratic values

Implementation of democratic values ​​in customs hibua lamo  which is a form of Oh justice Until now, it is still visible in the problem-solving process. When family problems occur in indigenous communities hibua lamo The traditional leaders or traditional leaders in each Kampong (village) still have an important role in resolving the problem in question and the decisions they make are still recognized by the community.

4.        Religious values

One of the most fundamental values ​​in customs hibua lamo namely religious because all human behavior and actions are always connected to the highest power (supranatural) outside of humans.

The mindset of the people of Central Maluku Regency is cosmic, encompassing everything as a single entity. According to cosmic thought, humans are part of nature; there is no separation between the various spheres of life, no distinction between the physical and the spiritual, and no separation between humans and other creatures. Everything is intertwined and influences each other. The human world is interconnected with all life in nature.

This view has a strong influence in traditional societies, reflected in their laws and culture. The most important thing in society is the balance between the physical world and the spiritual world, between humanity as a whole and the individual. Customary rules have developed within the beliefs of indigenous people and have been passed down through generations.

They see it more as rules that have been given by the ruler of the sky (Upu Lanito), domination of the earth (Ina Ume) or the boundaries that have been set by the village's protective spirit (that's safe) and the guardian spirit of the family (that's the book). Any act that disturbs this balance is a violation of the law and law enforcement officers are obliged to take the necessary measures to restore this legal balance.

For the customary law community in Central Maluku Regency, the basis of all legal implementation is the community community and the importance of individuals depends on their function within the community.

The king as head of the alliance holds the most important position, therefore the king receives the greatest legal protection.

Customary law does not recognize a pre-established system of legal violations, and there is no clear separation between the public and private legal spheres.

Every aspect of community life is a test of what is prohibited and what is permitted. Disrupting the functioning of a community organization is a serious violation of the law. Violations that harm individual interests are considered minor offenses. Therefore, for violations that do not directly disrupt the community, legal officials (traditional elders) can only act upon request from the concerned parties.

Decisions by customary leaders, particularly those that disrupt community associations, groups, or individuals, in order to improve the law, are considered customary offenses. Customary offenses gradually become permanent when similar acts occur and are decided by customary elders based on the first or previous decision.

Every act or event in the customary system is assessed and considered based on the structure of the association that was in effect at the time the act or event occurred, which can grow and be maintained in the community of one association, so there are also state (village) regulations that are prohibited, especially related to quantity in written form, such as Reglement sasi Negeri Paperu, Negeri Ema and others.

Prohibitions, customary regulations, and parental advice are passed down from generation to generation and are still maintained today. Among these prohibitions and signs that can still be found in villages in Central Maluku Regency are:

o Sasi is a knowledge system for preserving natural resources to achieve maximum production of forest, agricultural and aquatic products.

o Matakau is a protection system for a particular tree or plant to protect its yield from premature harvesting.

o Apart from that, there are still many types of punishment/prohibition or protection such as poso, pamali and others.

Collectively, the Kei community in Southeast Maluku Regency has the same law, namely the law Larvule Ngabal, which is developed and maintained and implemented in each Oh, wow (In Southeast Maluku Regency, the term Ohoy is used for villages.) This law generally contains norms governing morality, property rights, matters of faith, leadership, and crime. It also prohibits theft, slander, and even murder. Violators of these laws face severe punishment.

The basic provisions in the law Larvule Ngabal This is explained in three groups of legal rules, namely:

a. Hawear Balwirin Law;

b. Nev Nev's Law, and

c. Hangirit Law

For the people of the Kei Islands, ownership of land and sea areas cannot be separated from their lives, considering that land or what is often called "land" (nuhu), and the sea are places where they carry out various daily life activities.

            Land or "soil" (nuhu) is generally used as a place for settlement, farming and developing various other potentials and activities to sustain life, while the "sea" is used for daily living needs.

            Similar to several other regions in Maluku, both the sea and land (tanah or nuhu) are recognized as communally owned by the people of Southeast Maluku (Kei) through Ohoi or Kampung. The people of the Kei Islands view both land and sea as inseparable parts of their daily lives. The two form a single entity.

            For the people of the Kei Islands, the sea functions as a means of connecting one Ohoi or village with another Ohoi or village or between Ratschap using striped, and by land (land) you can also walk (belan en so, vat en wil). In the Kei people's philosophical view, the sea is often symbolized as a man because it can become violent at certain times during certain seasons, while the land (tanah or nuhu) is symbolized as a woman or a mother giving birth. According to the community, the land or earth must be protected because it contains riches that can support the community.

            This view is reflected in the basic philosophy of the Kei people's customs, as told by their ancestors, which contain advice for their children and grandchildren regarding the obligations in which they live, such as:

1.        Itdok fo ohoi itmian fo nuhu (if we live or occupy a village where we live and eat from nature/the land)

2.        Itdok itdid kuwat dokwain itmivnon itdid mimiir/bermiir (we take our place and keep toeing our share)

3.        Itwarnon afa ohoi nuhu enhov ni customary law (we still shoulder all the interests of our village with its customary laws)

4.        Itwait teblo uban ruran (we live as honestly as possible and keep walking upright)

5.        ikbo customary law enfangnan enbatang haraang (in this way, only then will customary law protect us)

6.        Nit yamad ubudtaran, nusid teod erhoverbatang fangnan (so that our ancestors also take care of us and protect us)

7.        Duad enfangnan wuk (and Allah also protects us)

Regarding the advice of the ancestors above, there are at least three basic things that must be addressed, namely:

1. that every child or grandchild who lives in a place (Ohoi or Village) can eat and live and enjoy the results;

2. that every child or grandchild is obliged to obey the rules of law and customs honestly and carry them out from generation to generation;

3. that by implementing customary law, the ancestors and God will protect us.

Based on this philosophical view, the management and utilization of natural resources in the Ohoi petuanan area or also Kampung and/or Ratschap in Southeast Maluku Regency must be carried out rationally.

In relation to natural resource management, the Kei customary law community is known for its laws on natural resource management, which play a role in preserving and preventing environmental damage. These laws are referred to by the local community as Yot (term in Kei Besar) or Yutut (term in Kei Kecil).

Yot/Yutut is a prohibition that is intended to protect something or a certain result and within a certain time limit, carried out with signs or symbols that are known to the community, namely: (a) in the form of woven white (young) coconut leaves erected in designated places. This sign is called Hawear and is valid and has general legal force; (b) Stay tuned, namely a piece of wood erected near the Yot/Yutut area, approximately 30-50 cm, where the end is cut off as a sign not to take the natural resources until the sign is removed; and (c) Walut or Waut namely, a small house is made, the size is approximately 100 x 50 x 50 cm, inside the house a stone or piece of wood is erected which is cut in the shape of a human or object.

The implementation of Yot/Yutut especially with the sign Hawear, which constitutes a prohibition, has customary legal force over both the general public and private individuals. If this prohibition is violated, the violator will be subject to sanctions determined by the Ohoy community.

 

Local Wisdom in Environmentally Conscious Development

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.[24]

The smart way to overcome environmental degradation is to accommodate local wisdom in development by creating new ideas for all parties, especially policy makers, with a green constitution. (green constitution). Indigenous communities, with their cultural traditions, despite being oral, deeply understand the importance of the environment. This oral culture, though unwritten, is like a constitution for them, passed down from generation to generation. It's no wonder that our indigenous communities are far more modern than we, who claim to be modern but fail to understand the meaning of a green environment.

 In fact, environmental degradation amidst the rapid development that relies on natural resources in the last few decades has encouraged all parties to be more concerned about the importance of protecting the ecosystem's carrying capacity.[25]. The 1945 Constitution according to Jimly Asshidiqin is one of the green constitution, because it specifically and clearly recognizes the right of every person to a good and healthy environment, which is contained in Article 28H of the 1945 Constitution. This article states that 'every person has the right to live in physical and spiritual prosperity, to have a place to live and to have a good and healthy environment and the right to receive health services. The scope of recognition in this article is quite broad because it applies to every element of the environment (water, air, land, ecosystems, etc.). [26] However, ironically, Article 33 paragraph 3, which is the main reference for all natural resource management policies, in the concept of environmentally aware development actually has negative implications. [27] Because, despite the intention of the creators of the 1945 Constitution in including the word "controlled," the term is actually used to legitimize government power. The term was also later adopted by laws and regulations related to natural resources such as land, forests, mining, and water resources. [28] It turns out that this article itself is not pro-environment by policy makers so there needs to be clarification.

Jimly Asshiddiqie tries to introduce a green constitution, which although it has only recently been heard of in Indonesia, even by academics, there is not yet a single book written about a green constitution or green constitution, but Jimly tried to see green constitution This stems from the principle of sovereignty. This green constitution is already evident in several constitutions of countries around the world, such as Portugal, Spain, Poland, France, and Ecuador. According to Jimly, if God's sovereignty can be linked to the doctrine of theocracy, popular sovereignty to democracy, legal sovereignty to nomocracy, and the concept of royal sovereignty to monarchy, then the concept of environmental sovereignty can be linked to the term ecocracy or ecological power.[29]According to Jimly, the idea of ​​ecocracy and environmental sovereignty can be developed within the context of power constructed within the mechanisms of the relationship between God, nature, and humanity. In relation to the state power system, it can be said that the universe must also be viewed as the holder of supreme power in life. Therefore, harmony and balance are essential to environmental sovereignty itself, where the environment itself has the right to be free from pollution.[30]This may be more in line with the knowledge of indigenous communities, thus creating a harmonious way of life. Furthermore, a comprehensive legal system that supports public access to participate in environmental decision-making processes must not only recognize the right to information and participation in the constitution and laws and regulations. It must also provide compensation. (redress) In legislation, access to information, participation, and the right to a good and healthy environment are denied to the public. Therefore, the aspect of justice is crucial.[31]

If examined, the management of natural resources carried out by indigenous communities has never resulted in environmental degradation, on the contrary, it has resulted in sustainability, because even 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 other words, indigenous communities already have their own legal system and local wisdom in managing natural resources, and of course government policies will have a significant impact on indigenous communities.

 

 

 

 

Closing Event

The above description provides an understanding of the national development paradigm, which is solely oriented toward pursuing economic growth, and its implications for legal development in the areas of natural resource management and environmental impact. Although the 1945 Constitution, according to Jimly Asshidiqi, is a green constitution, the author believes that its implementation is not as green as its appearance.

Article 33 of the 1945 Constitution is the basis for the state's right to regulate the fundamentals of the country's economic system, with the goal of ensuring the prosperity of all Indonesian people. This is not to justify arbitrary state actions to seize all community rights and manage them according to the government's will. Rather, the government exists to regulate and provide protection for citizens to exercise their rights and obligations in a balanced manner. The state should be present for its citizens as a guarantor of rights, ensuring that the community is protected.

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 good law-making governance, the future agenda that must be carried out by the government and legislature is: Conducting a review of all legal products that do not reflect justice, democracy, and sustainability, replaced with good legal products, especially those with an environmental perspective, by referring to the principle of environmental sovereignty that leads to a green constitution and green legislator.

Therefore, government wisdom is needed in creating policies and legal regulations that accommodate all matters concerning the interests of the wider community. The central government must create new, integrated laws that accommodate the local wisdom of indigenous communities as a form of state recognition of their authority in managing natural resources.

 

READING LIST

 

Hengky H. Hetharia, 2011,  Sasi: Local Wisdom in Maluku to Preserve Indonesia and the World (Axiological Perspective), A Piece of Tradition, a String of Meaning, An Effort to Explore Nusantara Philosophy, Khamsa, Yogyakarta

Bodley, John H. 1982, Victims of Progress, Mayfield Publishing Company, California, USA.

Sartini, Exploring the Local Wisdom of the Archipelago: A Philosophical Study, Journal of Philosophy, August 2004, Volume 37, Number 2, http://dgi-indonesia.com/wp-content/uploads/2009/ 02/exploring local wisdom of the archipelago1.pdf

Environmental Law and Its Enforcement in Law No. 32 of 2009 http://www .sitikotijah.com /2011 /07/hukum-lingkungan-dan-penegakannya-dalam.html, accessed on March 22, 2013

Environmental management, http://kiarapedes2.blogspot.com/2011/02/penataan-lingkungan-hidup.html, accessed March 22, 2013

Revency Rugebregt, 2008, Research Results Report, The Community's Right to a Clean Coastal and Marine Environment (Study on Pollution of Ambon Bay Due to Housing Development Activities by Developers, Faculty of Law, Universitas Pattimura

Revency Rugebregt, 2011, The Influence of Government Policies in Spatial Planning on Natural Resource Management by Indigenous Communities, presented at the Natural Resource Management Seminar, Bakosurtanal, Cibinong

Soemarwoto, 2001 in Environmental Carrying Capacity,  http://werdhapura.penataanruang.net/pusat-informasi/saya-ingin-tahu/daya-dukung-lingkungan, accessed, March 22, 2013

Environmental Carrying Capacity,  http://werdhapura.penataanruang.net/pusat-informasi/saya-ingin-tahu/daya-dukung-lingkungan, accessed, March 22, 2013

JDPasalabessy,  Law and Customary Law, Lecture Material, No Year

Frans Wilson Strong, 2009, Hibua Lamo Traditional Values ​​and Their Implementation for the Development of North Halmahera, inside the book: Hein and Hibua Lamo- “Tobelo Pos” Tracing the footsteps of his leadership, editor SS Duan, published in collaboration between Tobelo Pos and the North Halmahera Regency Government, Tobelo

Prayekti Murharjanti, et al, 2008, Closing access reaps disaster, a portrait of the fulfillment of access to information, participation, and justice, in the management of the Environment and Natural Resources in Indonesia., ICEL, PT Suryo Warna Media (Angkasa Warna Adv)

Mas Achmad Santoso, et al., Editors, 2000, Forming a Government that Cares About the Environment and the People, ICEL, Yogyakarta

Jimly Asshidiqie, Green Constitution, Green Nuances of the 1945 Constitution of the Republic of Indonesia

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