LOCAL WISDOM OF MALUKU'S INDIGENOUS COMMUNITIES IN ENVIRONMENTAL PROTECTION AND MANAGEMENT

LOCAL WISDOM OF MALUKU'S INDIGENOUS COMMUNITIES

IN PROTECTION AND MANAGEMENT  ENVIRONMENT[1]

 

By: Popi Tuhulele

 

Introduction

Ecologically, humans are a subsystem within the environmental ecosystem. Thus, humans are an integrated whole with their environment, and a functional relationship exists between them. Within this functional relationship, humans are inseparable from their environment. Humans will always depend on the environment, which is simultaneously influenced by and influences, ultimately affecting the ecosystem as a whole.

Today, the sustainability of the environment is at a crossroads, and those who have long been considered the cause of major environmental damage are indigenous/traditional communities. However, decades of research have shown that the perpetrators of large-scale and massive environmental damage are not traditional communities, but large-scale industries and governments whose policies disregard environmental protection.

Ridha Saleh, in his book "Ecocide: The Politics of Environmental Crime and Human Rights Violations," states that the phenomenon of massive, open exploitation of natural resources has, in reality, led to the destruction and destruction of ecosystems, sources of life, and the environment, resulting in ecocide. The current ecological depression is largely due to development directions that ignore environmental sustainability and the future of future generations.[2]

The growing global concern for the environment and the Indonesian government's awareness of the environment's role as a pillar of national development have driven the development of environmental law. From the concept of environmental management to Environmental Protection and Management, various new aspects of Indonesian environmental law require a shared understanding to support sustainable development.

The environment is understood as a unified space with all objects, forces, 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. Furthermore, according to Law Number 23 of 1997 concerning Environmental Management, it is explained that Environmental Management is an integrated effort to preserve the function of the environment which includes policies on the arrangement, utilization, development, maintenance, restoration, supervision, and control of the environment.

These provisions are then emphasized in Article 2 of Law Number 32 of 2009 which states that environmental protection and management are systematic and integrated efforts made to preserve environmental functions and prevent environmental pollution and/or damage including planning, utilization, control, maintenance, supervision and law enforcement and further in Article 4 regulates the Scope of Environmental Protection and Management including planning, utilization, control, maintenance, supervision and law enforcement.[3]

Environmental management is carried out based on the principles of state responsibility, sustainability and benefits, with the aim of realizing environmentally sustainable development. The targets of environmental management are:[4]

1. Achieving harmony, compatibility and balance between humans and the environment

2. The realization of Indonesian people as environmental beings who have attitudes and actions to protect and develop the environment.

3. Guaranteeing the interests of the current and future generations

4. Achieving sustainability of environmental functions

5. Controlled use of resources wisely

6. The Unitary State of the Republic of Indonesia is protected against the impacts of businesses and/or activities outside the territory of the State which cause environmental pollution and/or destruction.

Environmental management is not solely the responsibility of the government; the private sector and the community also play a vital role in implementing environmental management policies. Everyone has the right and obligation to participate in environmental management, ensuring the sustainability of environmental functions.[5]

Maman Djumantri stated that, generically, "development is the process of managing natural resources and the environment to meet human needs for a prosperous life, both physically and spiritually." Regardless of the process and method of implementation, the ultimate goal of development is social well-being (physical and spiritual) for all Indonesians. If development is aimed at all Indonesians (nations), it should also include scattered, remote, and marginalized segments of traditional or indigenous communities. [6]

 

Local Wisdom of Indigenous Communities and Environmental Management

To meet their needs, humans utilize what is available in their environment. Therefore, humans will strive to adapt to create balance and order in society and the environment. One way is to implement social control systems in the form of norms and laws (customs), which are products of that society. In traditional Indonesian communities, also known as indigenous communities, the norms and laws that apply within these traditional communities are known as customary law.

According to Van Apeldoorn, the word custom is simply a rule of conduct, a rule that imposes obligations.[7]The rules of behavior that Van Apeldoorn said were customs adhered to by the people of the country were inherited by the ancestors or grandfathers who had formed the people of the country to be used as examples of life for their descendants.[8]Furthermore, Pudjosewojo sees customs as behavior that is carried out by and within a society (already, is being held, will be held).[9]

These behavioral rules, which become the customs of an indigenous community, eventually develop into customary legal norms. To be considered law, customary law must contain specific sanctions, whether physical or other fines.

According to Soepomo, customary law is a living law because it embodies the real law of society, it continuously grows and develops like life itself and customary law is rooted in traditional culture.[10] So customary law is law that lives and develops in customary communities because it cannot be separated from the existence and dynamics of customary communities.

According to Hazairin, customary law communities are community units that have the necessary equipment to be able to stand alone, namely having legal unity, unity of authority and unity of the environment based on joint rights to land and water for all its members..., the form of family law (patrilineal, matrilineal, or bilateral), all members are equal in their rights and obligations.[11]

One of the important events related to the recognition and strengthening of customary law communities stems from the results Earth Summit in Rio de Janeiro in 1992 with the issuance of Rio Declaration on Environment and Development (1992). Principle 22 states that indigenous peoples have an important role in environmental management and development due to their traditional knowledge and practices. Therefore, the state must recognize and fully support their entities, cultures and interests and provide them with the opportunity to actively participate in achieving sustainable development (sustainable development).[12]

The existence of customary law communities is recognized by the state in Article 18B paragraph (2) of the 1945 Constitution which states "The state recognizes and respects customary law community units and their traditional rights." Furthermore, this provision also provides limitations as a condition for recognition and respect, namely as long as the customary law community is still alive and in accordance with the ongoing development of society.

The rich knowledge of indigenous communities in Indonesia has developed over a long period of time, paralleling the development of human civilization. This development process has given rise to a wealth of traditional knowledge and values ​​resulting from adaptation to their environment. In line with basic human needs, one form of traditional knowledge that has developed is knowledge of land use, both as a place to live and as a place to find and produce food.[13]

In relation to the utilization, use and management of natural resources and environmental sustainability, these indigenous communities with their local knowledge (indigenous knowledge), with the strength to uphold their customary laws, their spiritual abilities, and the religion they adhere to, are apparently wiser than other communities.[14] Local knowledge known as local wisdom grows and develops within society as knowledge that is passed down from generation to generation as part of adaptation to the environment.

According to Wahyu (2007), local wisdom, in cultural terminology, can be interpreted as local knowledge originating from the culture of the community, which is unique, has a long historical relationship with nature, adapts to the local ecological system, is dynamic and is always open to the addition of new knowledge. More specifically, local wisdom can be interpreted as a unique local knowledge originating from the local culture or community, which can be used as a basis for decision-making at the local level in the fields of agriculture, health, food supply, education, natural resource management and various other activities within the communities. Furthermore, Wahyu also stated that the ability to interpret local wisdom by individuals, communities and governments which is manifested in ways of thinking, lifestyles and policies in a sustainable manner in managing natural resources and the environment can be expected to produce an increase in the quality of life in society and the country.[15]

Legal recognition of the existence of customary law communities and their local wisdom and rights can be seen in Article 1 paragraph 30 of Law Number 32 of 2009 which states that local wisdom is the noble values ​​that apply in the social order of life to, among other things, protect and manage the environment sustainably. Furthermore, Article 67 paragraph (1b) of Law Number 41 of 1999 concerning Forestry states that the existence of customary law communities is recognized and has the right to carry out forest management activities based on applicable customary law and not in conflict with the law.

 Article 6 paragraph (2) of Law Number 31 of 2004 concerning Fisheries states that fisheries management for the purposes of fishing and fish farming must take into account community participation. In Article 61 paragraph (1 and 2) of Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands, the Government recognizes, respects and protects the rights of indigenous peoples, traditional communities and local wisdom over coastal areas and small islands that have been used for generations as a reference in the sustainable management of coastal areas and small islands.

Indigenous peoples' knowledge of natural resource management systems is extraordinary (demonstrating their advanced knowledge) and their close connection to nature. Maluku is an Indonesian province with a geographically larger maritime area than land area. With 976 islands, it is administratively divided into eight districts and cities. The majority of Maluku's population lives along the coasts of several large and small islands.[16]

The life of the Maluku people who are rich in natural resources both at sea and on land still applies customary law. This can be seen from the existence of a well-organized community unit that has a ruler and resides in a certain area known as the petuanan (ulayat) area. This customary legal unity of the community has long been very influential in various aspects, both government, economy, especially environmental management and protection, this can be seen from the dependence of the Maluku indigenous community on the availability of the environment, community life that is still communal and still maintains local wisdom obtained from knowledge passed down from generation to generation.

In reality, the traditional environmental management system has been proven to have important value in environmental protection and preservation, including in the social and economic context, especially for the indigenous people of Maluku whose lives are very dependent on fisheries and agricultural products. In relation to the utilization, use and management of environmental resources and environmental protection, these indigenous people with their local knowledge/wisdom, with the strength to uphold their customary laws, their spiritual abilities, and the religion they adhere to, are apparently wiser than other communities.

Maluku's indigenous communities, with their local wisdom as part of the national government structure, must be positioned as an integral part of the development process. This means that the government must respond positively to the active participation of indigenous communities. Indigenous communities must be given the freedom to develop according to their potential, ensuring balance. Development policies must be integrated while remaining based on indigenous communities' customary laws, as part of the national legal system, whose existence deserves recognition.

The social and cultural life of the Maluku people, inextricably linked to customary law, is used in natural resource management efforts to meet their needs and preserve biological resources and their ecosystems. One form of environmental management and protection practiced by the Maluku indigenous people is sasi.

Sasi, a practice of natural resource management and protection implemented by indigenous Maluku communities, is considered to align with the principles of sustainable environmental management. Sasi is also supported by customary policies, a form of local knowledge that has been passed down through generations, requiring that the management and utilization of nature must prioritize the preservation of natural resources and the environment.

Sasi as a customary institution contains binding legal force for the indigenous community because in the implementation of sasi contains provisions that regulate prohibitions and permissions for the community in environmental management and protection. The legal validity of sasi recognizes time limitations based on the type of natural resources it regulates. In Maluku, indigenous communities living on small islands and in coastal areas have a 'sasi' system or prohibition on harvesting or taking from nature (at sea or on land) certain natural resources for a certain time. Sasi is a protection effort to maintain the quality and population of natural biological resources. The existence of a prohibition on taking results before the time, there will be an increase in the population of natural biological resources.

The application of sasi is applied to natural resources at sea and on land, on land sasi is applied to plants and fruits that are prohibited from being harvested at any time, there are certain times when these plants are prohibited from being taken with the aim of getting maximum results and being able to meet the needs of the indigenous community. The prohibition in sasi law comes into effect since the traditional ceremony "tutup sasi" and the end of sasi law when the ceremony "buka sasi" is carried out.

One of the Sasi traditions known to coastal communities is the Sasi for Lompa fish on Haruku Island in Central Maluku Regency. It is renowned as a unique annual event for the people of Haruku Island and Ambon, demonstrating a form of local wisdom in preserving the environment. With the Kewang (Kewang) establishing a sasi for a specific species and area, no one has the right to harvest that species. This provision allows for the breeding and growth of the Lompa fish, which can then be harvested when the sasi is reopened. [17]

The uniqueness of the sasi on Haruku Island lies in its combination of sea and river sasi. This is due to the unique characteristics of the lompa fish, which can live in both seawater and rivers. Every day, from 4:00 a.m. to 6:30 p.m., these fish remain in the Learisa Kayeli River approximately 1500 meters from the estuary. At night, the fish venture out to sea to forage, returning to the river at dawn. At the start of the sasi (closed sasi) period, a ceremony called panas sasi is held. This ceremony is performed three times a year, beginning when the lompa fish fry begin to appear.[18]

Sasi is supervised by a traditional institution called kewang (a kind of traditional police in Central Maluku). Kewang is a traditional institution that has direct access to the customary territory (ulayat/petuanan) of an indigenous community, both on land and at sea. The supervision and security of the kewang institution ensures the maintenance of a balanced relationship between humans and their environment through the controlled and wise use of natural resources.

Another form of environmental management and protection of the Aru Indigenous Community (Southeast Maluku), whose ecocentric civilization is reflected in the exploitation of coastal and marine resources as their main livelihood by utilizing local knowledge and wisdom in a coastal and island ecosystem. In the East Season (May-October) they work in the garden making starch from sago and hunting, In the West Season (November-April) they focus more on marine resources such as collecting sea cucumbers on the coast during high tide or hunting sharks.[19]

The collection of sea cucumbers by the Aru indigenous people does not use any tools but utilizes local knowledge/wisdom (indigenous knowledge) about the life of sea cucumbers such as their preferred habitat, what month they reproduce, what weather conditions they appear in and so on. Through this local knowledge, the local Aru community organizes its strength to manage this natural resource sustainably. For example: In the West Season when the tide rises is the right time to "harvest" sea cucumbers; but it is limited from November to March only because sea cucumbers (especially White Sea Cucumber and Matahui Sea Cucumber) produce in April. The Aru indigenous people strongly hold onto their beliefs which are closely related to mythology. This is a powerful instrument in maintaining the preservation of nature and its sustainability, because nature and all its contents are considered to belong to their ancestors who always monitor so that the use of natural resources is as economical as possible, only to meet the needs of life and think about those who will live.[20]

 The traditional chief, acting as a mediator between the ancestors and their descendants, will hold dialogues at certain times. The result of these dialogues is an agreement to only harvest large sea cucumbers and there is a prohibition period (restriction) for harvesting sea cucumbers, known as sasi teripang, for approximately 3 (three) years. This is intended to give nature the opportunity to regenerate. If this is violated, deviations will occur, manifested in natural disasters.[21]

Considering the environmental management and protection practices of Maluku's indigenous communities, it can be said that the primary objective of sasi in Maluku is to demonstrate the local awareness and wisdom of Maluku's indigenous communities in managing, protecting, and preserving the environment as a basic resource. With sasi, indigenous communities refrain from managing their natural resources haphazardly, ensuring that these resources are utilized effectively and sustainably for the benefit and well-being of the community.

The existence of indigenous communities as part of the unitary state of the Republic of Indonesia, whose customary rights and legal systems are recognized, including the natural resources within their territories, is essential. Therefore, indigenous communities need to be given the opportunity to manage and utilize the natural resources within their territories in accordance with their local wisdom.

Sasi, as the local wisdom of the indigenous people of Maluku, serves as a foundation and model for environmental management and protection at the regional, especially Maluku, and national levels. Natural resource use must be in harmony, compatible, and balanced with environmental functions. Consequently, development policies, plans, and/or programs must be imbued with the obligation to preserve the environment and achieve sustainable development goals.