Through a Green Lens: The Construction of Customary Environmental Law and Community in Maluku Islands
Charles Zerner Law & Society Review, Vol. 28, No. 5, Symposium: Community and Identity in Sociolegal Studies (1994), pp. 1079-1122 (article consists of 44 pages) Published by: Blackwell Publishing on behalf of the Law and Society Association
Abstract
In the Maluku Islands of Eastern Indonesia, a center of global diversity in coral reef systems and the historic center of trade in cloves and other spices, tenure practices known as sasi have flourished for at least a century. This article analyzes changes in the ways Dutch colonial officials, Indonesian government officials, and environmental NGOs have interpreted Moluccan customary law and local institutions. Dutch colonial accounts of sasi, a generic name for a historic family of institutions, laws, and ritual practices that regulated access to fields, reefs, and rivers, suggest that sasi was a synthetic, highly variable body of practices linked to religious beliefs and local cultural ideas of nature. During the past two decades, as international and national conservation discourses have proliferated and a movement has developed to support indigenous Indonesian cultural communities, Indonesian NGOs and the Ministry of the Environment have promoted, and largely created, images of sasi as an environmental institution and body of customary law promoting sustainable development, conservation, and social equity. This article focuses on how sasi has been continuously reinterpreted by a variety of actors, following the trajectory of changing institutional interests and images.
"SASI System"— An indigenous Way
"SASI System"—An indigenous Way of Protecting the People’s lives & Natural Resources in Haruku Island in Maluku, Indonesia.
"Fishing is prohibited in an area declared off limits by the Sasi, except for those using the `Jala' net," states the "Sasi" law governing matters of the sea. "But even so, one cannot use a boat but wade by foot into the sea only up to the height of an adult's waist level," it further explains.
This is one of the unique but effective regulations explicitly described in the "Sasi" system, a set of traditional laws governing different aspects of Haruku society. Although the island is just a short hop from Ambon, the capital city of Eastern Indonesia's Moluccas region, its people have managed to wisely preserved the "Sasi" practise. On Haruku Island, environmental protection is a way of life for its 12,000 inhabitants.
This sixteenth century old "Sasi" system does not only give guidance to conservation practises, but also to a whole broad spectrum of social issues. This ranges from giving advise on women's dress code appropriate for climbing trees to prohibition on washing dirty dishes and other utensils in the stream. The "Sasi" laws are divided into several broad categories covering the protection of natural resources of the land, forests, sea, and society in general.
Haruku island is famed for growing Canary nuts (got its name sake from the Canary birds which feeds on these nuts) and a variety of root crops found in abundance on the island. But the people still depend very much on fish as its chief source of food. The "Sasi" system was an appropriate system of laws which has helped Haruku society maintain its natural food resources. Consequently, the people have managed to sustain their simple livestyles of drawing their livelihood from the land and the sea.
There are basically 3 types of "Sasi" laws. The first is related to conservation and protection of the environment and all its resources. The second touches on the social aspect which includes, social habits and general human values. Finally the third deals with the implementation of the "Sasi" laws which even define the rates of fines for law breakers.
The "Kewang" or chief of the local customary laws upon consultation with the local rulers will judge and fine the offenders. According to the traditional structure of Haruku society, the Kewang falls directly under the village's Raja (King) who is accountable to a council of rulers comprised of all the 12 Raja's on Haruku Island. As such, the Kewang is actually like an adviser to the Raja and conscience of the people on matters pertaining to traditional customary law.
Kewang Eliza Kissya (Oom Elli) is the guardian of Haruku's "Sasi" laws and he has to be sensitive to the pulse of the environment at all times. This designation has been in his family for generations and one day he will pass it on to one of his children. He is a person well versed with the conditions of the village and the natural cycles in order to know when to declare the closing and opening of "Sasi" at the appropriate times.
The closing of "Sasi" on a certain item means that no one could harvest that product regardless of whether it is grown in the compound of their house or in the forest. This is usually indicated by certain symbols like a wooden stake tied with a cononut tree frond, or a woven straw mat with a sample of each of the items protected by the "Sasi" tems hanging from it. These indigenous visual signboards are very important message carriers to an island populace which posess a very low literacy rate.
An individual can also execute the "Sasi" especially on certain items near his home by putting up some sign to publicly tell the others to observe the "Sasi' closure on that particular tree, bush and fruit.
The opening of the "Sasi" is quite a festival. For instance the opening of "Sasi" for Mackeral fishing, a very symbolic and important food source for the islanders, is marked by a ceremony of drum beating and rituals. The Raja and the customary council leaders will cast the first nets into the waterways, to be followed by the rest of the village people.
This event marks the first day of Mackeral fishing for the community who will then catch and store up enough food to last them for the entire duration of the "Sasi" closure. It seems when the "Sasi" opened for Mackeral fishing in 1984, the people harvested about 35 wet tons of fishes in 2 days, a clear indication that the "Sasi" system has been effective in ensuring a continuous boutiful harvest of fishes in Haruku.
"If the Kewang is not wise about the environment, many problems will arise in our society," said Kewang Oom Elli. Together with his village Chief Raja Bertie Ririmase, the customary council head of 2 villages on the Island, both of them have been the prime movers behind the revival of their traditional "Sasi" laws and practises since the late seventies.
They have also catalysed many efforts of working together among the local population to act against fish bombing, the destruction of coral reefs, and other environmental struggles confronting their villages. Their efforts were even recognised by the Jakarta government who awarded Haruku with the highest National Environmental Award in Indonesia in 1985.
Kewang Oom Elli has just recently published an extraordinary book about the "Sasi" system in Haruku Island. This is the first time the subject has been documented by a local person from that community. The work has actually become the referrence material of many academicians, researchers and envirnomental activists.
In his very thin but concise book, Kewang Oom Elli describes almost everything about the "Sasi" system from its origin to its application in today's Haruku society. It even has a section outlining the different rates of fines which could be imposed on the offender of the "Sasi" laws.
Besides the monetary fines, there are other forms of punishment especially for children, such as caning. A child is caned 5 times with a thin 3 foot-long rattan cane for each offence that he has committed. The 5 times actually symbolizes the offenders' obligation to the 5 clans existing on the Island.
But most of the offenders over the years are mostly outsiders, people from other islands who are perhaps unfamiliar to these laws or not perhaps deliberately not wanting to observe the local traditions.
"These forms of deterrence might seem harsh to an outsider or newcomer to the island," Oom Elli said. "But for many years, the traditional wisdom of the "Sasi" system has been crucial in the protection of the environment, resources and ultimately the survival of the Haruku people." he added.
Abstract
In the Maluku Islands of Eastern Indonesia, a center of global diversity in coral reef systems and the historic center of trade in cloves and other spices, tenure practices known as sasi have flourished for at least a century. This article analyzes changes in the ways Dutch colonial officials, Indonesian government officials, and environmental NGOs have interpreted Moluccan customary law and local institutions. Dutch colonial accounts of sasi, a generic name for a historic family of institutions, laws, and ritual practices that regulated access to fields, reefs, and rivers, suggest that sasi was a synthetic, highly variable body of practices linked to religious beliefs and local cultural ideas of nature. During the past two decades, as international and national conservation discourses have proliferated and a movement has developed to support indigenous Indonesian cultural communities, Indonesian NGOs and the Ministry of the Environment have promoted, and largely created, images of sasi as an environmental institution and body of customary law promoting sustainable development, conservation, and social equity. This article focuses on how sasi has been continuously reinterpreted by a variety of actors, following the trajectory of changing institutional interests and images.
"SASI System"— An indigenous Way
"SASI System"—An indigenous Way of Protecting the People’s lives & Natural Resources in Haruku Island in Maluku, Indonesia.
"Fishing is prohibited in an area declared off limits by the Sasi, except for those using the `Jala' net," states the "Sasi" law governing matters of the sea. "But even so, one cannot use a boat but wade by foot into the sea only up to the height of an adult's waist level," it further explains.
This is one of the unique but effective regulations explicitly described in the "Sasi" system, a set of traditional laws governing different aspects of Haruku society. Although the island is just a short hop from Ambon, the capital city of Eastern Indonesia's Moluccas region, its people have managed to wisely preserved the "Sasi" practise. On Haruku Island, environmental protection is a way of life for its 12,000 inhabitants.
This sixteenth century old "Sasi" system does not only give guidance to conservation practises, but also to a whole broad spectrum of social issues. This ranges from giving advise on women's dress code appropriate for climbing trees to prohibition on washing dirty dishes and other utensils in the stream. The "Sasi" laws are divided into several broad categories covering the protection of natural resources of the land, forests, sea, and society in general.
Haruku island is famed for growing Canary nuts (got its name sake from the Canary birds which feeds on these nuts) and a variety of root crops found in abundance on the island. But the people still depend very much on fish as its chief source of food. The "Sasi" system was an appropriate system of laws which has helped Haruku society maintain its natural food resources. Consequently, the people have managed to sustain their simple livestyles of drawing their livelihood from the land and the sea.
There are basically 3 types of "Sasi" laws. The first is related to conservation and protection of the environment and all its resources. The second touches on the social aspect which includes, social habits and general human values. Finally the third deals with the implementation of the "Sasi" laws which even define the rates of fines for law breakers.
The "Kewang" or chief of the local customary laws upon consultation with the local rulers will judge and fine the offenders. According to the traditional structure of Haruku society, the Kewang falls directly under the village's Raja (King) who is accountable to a council of rulers comprised of all the 12 Raja's on Haruku Island. As such, the Kewang is actually like an adviser to the Raja and conscience of the people on matters pertaining to traditional customary law.
Kewang Eliza Kissya (Oom Elli) is the guardian of Haruku's "Sasi" laws and he has to be sensitive to the pulse of the environment at all times. This designation has been in his family for generations and one day he will pass it on to one of his children. He is a person well versed with the conditions of the village and the natural cycles in order to know when to declare the closing and opening of "Sasi" at the appropriate times.
The closing of "Sasi" on a certain item means that no one could harvest that product regardless of whether it is grown in the compound of their house or in the forest. This is usually indicated by certain symbols like a wooden stake tied with a cononut tree frond, or a woven straw mat with a sample of each of the items protected by the "Sasi" tems hanging from it. These indigenous visual signboards are very important message carriers to an island populace which posess a very low literacy rate.
An individual can also execute the "Sasi" especially on certain items near his home by putting up some sign to publicly tell the others to observe the "Sasi' closure on that particular tree, bush and fruit.
The opening of the "Sasi" is quite a festival. For instance the opening of "Sasi" for Mackeral fishing, a very symbolic and important food source for the islanders, is marked by a ceremony of drum beating and rituals. The Raja and the customary council leaders will cast the first nets into the waterways, to be followed by the rest of the village people.
This event marks the first day of Mackeral fishing for the community who will then catch and store up enough food to last them for the entire duration of the "Sasi" closure. It seems when the "Sasi" opened for Mackeral fishing in 1984, the people harvested about 35 wet tons of fishes in 2 days, a clear indication that the "Sasi" system has been effective in ensuring a continuous boutiful harvest of fishes in Haruku.
"If the Kewang is not wise about the environment, many problems will arise in our society," said Kewang Oom Elli. Together with his village Chief Raja Bertie Ririmase, the customary council head of 2 villages on the Island, both of them have been the prime movers behind the revival of their traditional "Sasi" laws and practises since the late seventies.
They have also catalysed many efforts of working together among the local population to act against fish bombing, the destruction of coral reefs, and other environmental struggles confronting their villages. Their efforts were even recognised by the Jakarta government who awarded Haruku with the highest National Environmental Award in Indonesia in 1985.
Kewang Oom Elli has just recently published an extraordinary book about the "Sasi" system in Haruku Island. This is the first time the subject has been documented by a local person from that community. The work has actually become the referrence material of many academicians, researchers and envirnomental activists.
In his very thin but concise book, Kewang Oom Elli describes almost everything about the "Sasi" system from its origin to its application in today's Haruku society. It even has a section outlining the different rates of fines which could be imposed on the offender of the "Sasi" laws.
Besides the monetary fines, there are other forms of punishment especially for children, such as caning. A child is caned 5 times with a thin 3 foot-long rattan cane for each offence that he has committed. The 5 times actually symbolizes the offenders' obligation to the 5 clans existing on the Island.
But most of the offenders over the years are mostly outsiders, people from other islands who are perhaps unfamiliar to these laws or not perhaps deliberately not wanting to observe the local traditions.
"These forms of deterrence might seem harsh to an outsider or newcomer to the island," Oom Elli said. "But for many years, the traditional wisdom of the "Sasi" system has been crucial in the protection of the environment, resources and ultimately the survival of the Haruku people." he added.
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Writer: Jo Hann Tan
* Editor’s note: Since the Maluku, Indonesia crisis erupted in 1998, Haruku Island also fell prey to the indiscriminate plundering and destruction of lives and property of the Haruku people. Kewang Om Elly and some other community organizers and leaders are managing the relief and rehabilitation efforts in their home village as well in the surrounding vicinity. Source: SEAPCP |
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