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The Business Network of Bajau Tribe Sea Fisheries and Legal Problems in - Border1

Tasrifin Tahara2 Dinna Dayana La Ode Malim3

ABSTRACT People who live on the sea, Bajo, Bajau or Sama Bajo are also one of the tribes that spread to various parts of the reef in several countries in . Thus far no one knew for certain and it is needed an in-depth study from various perspectives of science. But one thing that is certain, because of their remoteness during history, the Bajo people carry traces of population movements that inhabited Southeast Asia about two thousand years ago. Name Bajau is found in the waters of the Strait (on the Sea and the east coast of , around Bontang and further north); in the Gulf of Bone; in the area of East Nusa Tenggara; in the Banggai ; in Tomini Bay (especially in the Togean and Torosiaje Islands); in North Maluku (Bacan and Halamahera Islands); in the waters of the Sea both the coast of North and Southeast Sulawesi; and and the Sulu Islands. The reach of the Bajau crossing covers all Indonesian waters. In addition, Bajau or Bajo as place names are also found in the Anambas Islands in the South China Sea, the eastern part of Island, East Coast of Kalimantan. Therefore, the conclusion is that the Bajau people roam throughout the archipelago, even though it is now only known in the eastern part, in and the Sulu Islands.

The Indonesian sea area is the economic arena of the Bajau tribe, bordering 10 countries, namely , Malaysia, Singapore, Thailand, Vietnam, the Philippines, the Republic of Palau, Australia, Timor Leste and Papua (PNG). The sea border area in general is in the form of the outer islands which number 92 islands and include small islands. Some of them still need more intensive management because they have a tendency to problems with neighboring countries that interfere with national security defenses such as piracy, human trafficking, smuggling, and others. The study conducted by Kazufumi (2017) in the vicinity of the southern Philippines, Sabah coast, Malaysia, and eastern Indonesia spread one of the maritime tribes in Southeast Asia with an estimated population of 1,100,000, many Bajau people live along the coast and on islands that have networks both socio- cultural, socio-economic networks and others. This paper will describe the contribution of the Bajau people who have been neglected and have a network of marine fisheries business between countries in the framework of culture and legal issues between countries they face.

Keywords: Bajau, Economic Business, and Legal Problems

1 Paper presentation in 7th Academic International Conference on Social and Humanities, 19th-21st November 2018, Boston USA 2 Lecturer in Department of Anthropology Faculty of Social and Political Science, Hasanuddin University - Indonesia 3 Lecturer in Faculty of Law, Dayanu Ikhsanuddin University - Indonesia Introduction We often hear the name of a particular tribe and we have guessed the orientation of their life which refers to the environment they live in. Like the name of as “hill people,” Toraja (inland people), Subanun (hill people), Tidung (mountain people), Tontembon (hill people), Maranao (lake people), Talaud (sea people), Tondano (water people), Toulour (lake people) and so on. Essentially, the naming refers to the identity of the community based on the environment or area they live in. This identity is not different from the concept of “villagers”, “townsman,” “beach people” and so on. Not infrequently, the label of ethnic groups creates superior, subordinate and even stereotypical attitudes in the context of inter-ethnic relations. But when we call people who live on the sea, we will know the names of “Sea people”, “Bajo people”, “Bajau” or “Same people.” A group that has a vast imaginary area because the sea as an identity and the heartbeat of Bajau people that has been going on for a long time. It seems that their ancestors came from Johor Malaysia. In some folklores the Bajau are descendants of Johor who are ordered by the king to look for his daughter who escaped. These people were ordered to search all over the country to Sulawesi island. It seems that the princess chose to stay in Sulawesi, while those who sought her gradually chose to stay and no longer returned to Johor. And it seems that according to one version, the princess who married the Bugis prince then put her people in an area now called as Bajoe. While, other versions call that because they could not find the princess, finally the people from Johor chose to stay in the Tomini Bay area, both in Gorontalo and Togian Island.

Areas with se lements of (in most Moken, cases formerly) ‘Nomadic Boat People’ Moklen Sopher 1965

Bajau, Sama(l) Orang Suku Laut

Bajo, Same/ a

Bajau Tribe Distribution Map in Southeast Asia

Sea people, Bajo, Bajau or Sama Bajo are also one of the tribes that spread to various reef parts in several countries in Southeast Asia. The name Bajau is given by other people in Sulawesi island both inside or outside. While, Bajau tribe called themselves as Sama people and called people outside them as Bagai people (peoples stay in land). Bajau language (baong sama), shows unique something in this society. If they are among their peers, they use the word “sama” as a reference term and to show their group. The term “sama” is in opposition to bagai it means to all other communities, outside Bajau tribe. Sama is a Bajau tribe whose existence is related to other “sama-sama”. This term supports the idea of making Bajau tribe as a community, because the term reminds everyone that they are citizen and belongs to their group. The meaning of the term goes far beyond the meaning given in Indonesia language, such as “serupa”, “sama”, “setara” (Tahara, 2017). Bajau Tribe in Southeast Asia Since European researchers first mentioned Bugis as Sailor, until now there are still many researchers who still often cannot distinguish Bugis from Bajau people. Even in 1511, Tome Pires, a Portuguese national, likened the Bugis merchant to sail to Malacca from a place he called the island of “Macacar,” with Bajau tribe considered to be robbers. From history it is known that Bajau tribe is not just a tribe of sea nomads who only know fishing. They are also suppliers of various international market commodities. They are very active looking for marine commodities such as pearl shells, sea cucumbers, turtle scales, pearls, shells, corals, and seaweed. Also, they provide various coastal commodities, especially from mangrove forests such as roots, bark, and mangrove wood which are used as dyes, as well as aloe, resin, honey, beeswax candles and bird nests, both of which are located around their place or even from places they visit that involve trade relations with the Bugis and Makassar kingdoms (Andaya 1984:36). Bajau tribe are known as strong sailors as heirs to maritime culture. However, the history is more familiar with the tribes of Makassar, Bugis, Buton, or Mandar as king in the sea. Bajau tribe fled and their group to sea because they avoided war and riots on land. Therefore, there are boat people who are fully living on water and still have networks in several other countries, especially in Southeast Asia. So far, there is a stigma that when cases of damage to coral reef ecosystems and population decline from various species of high economic value biota are often associated with the practice of disruptive Bajau tribal fishermen such as the use of explosives and toxic chemicals and taking rocks. Therefore, conservation programs in developing countries emphasize the need for a participatory and collaborative approach to marine resource management, especially participatory Bajau fishermen (Clifton & Majors, 2011). Among the maritime tribes (Mandar, Buton, Bugis and Makassar), the presence of Bajo tribe (the term Bajau for Bugis and Buton tribes) as a maritime community has not been widely revealed by historians, especially the relationship between certain ethnic groups with Bajau tribe. Whereas the interaction between Bajau tribe and the maritime community is an interesting study. For example, in the cluster of Buton island and its surroundings such as Tiworo and Tukang Besi island (now Wakatobi) many found Bajau tribe (Sama) and entirely related to the sea. The closeness between the Butonese and the Bajau people can be seen from the existence of an area called Wajo market. This place is an interaction between the Butonese and the Bajo people. For the Butonese, Wajo is a term for Bajo (Zuhdi, 2010). Although the Bajau people feel superior to maritime culture towards people who live on land, on the other hand they are also inferior when interacting with land people. Land people have a civilization in terms of science and technology compared to the Bajau people who only struggle with the sea. This condition is undeniable if there is a developing stereotype in the people who live on land that the Bajau tribe is an isolated, underdeveloped and closed society. The name of “Bajau” for other groups is often a label or stereotype as robber or pirates. According to the narrative story that developed in several regions where its territory was adjacent to the Bajau tribal village, it was assumed that the pirates in the past were believed comes from Sama people. Since then, many people call the Sama tribe as the Bajau tribe, which means a group of pirates. Because the Bajau tribe is known as a group that inhabits the sea and spreads throughout the archipelago, especially in Eastern Indonesia, so that peoples give stereotype to all the tribes as Bajo people labeled as robbers or pirates. Later, this stereotype caused polemic as a form of resistance from the Bajau tribe who did not approve and denied the meaning of “Bajau” as pirates. Tahara (2013) argues that to fight the stigma or stereotype, as a real form to promote the Bajau tribe from the left behind of other tribes, they established the organization “Kekar Bajau” or Kerukunan Keluarga Bajau whose members were spread throughout Indonesia and even established relations with the Bajau tribe that spread in 3 (three) other countries namely Malaysia, Thailand and Philippines by establishing The Bajau International Communities Confederation (BICC). To promote the Bajau people in Indonesia, they must get help from the Bajau tribe in other more developed countries. The closeness of the Bajau people to these four countries is inseparable from these ethnic origins and appointed Abdul Manan as the President of Bajau - Indonesia to explain that in one version it was mentioned that Bajau people comes from Johor Malaysia who were stranded in South Sulawesi when they went to sail. Hence, in the coastal area of Bone, South Sulawesi, there is Bajoe village. But there is also another developing version that mentions the Bajau tribe comes from Palopo (Luwu) South Sulawesi then developing to all parts of Indonesia. In Indonesia, settlements of Bajau tribe in addition to South Sulawesi are also found in , , Central Sulawesi, Southeast Sulawesi, Kalimantan, Sumatera and Gorontalo. However, more people accepted the version of the origin of the Bajau tribe from Johor. It also saw the existence of the Bajau tribe in Malaysia which was expanding. The awareness that the Bajau tribe is not a tribe from one country, and they agree to claim to be a world tribe. The Bajau tribe have registered themselves as sons of the world at UNESCO, the UNs and Bajau peoples are not belonging to a country. The establishment of the BICC is strived to help the welfare of the Bajau tribe economically, promote education and preserve culture. BICC must be able to provide scholarships to Bajau children. The BICC is chaired by a member of the Sabah Parliament, Datuk Sri Saleh Keruak who is also a Bajau child. Compared to the four countries, the Bajau tribe in Indonesia is most left. The Bajau tribe in Malaysia, even though fishermen are same as in Indonesia but are no longer traditional fishermen because Malaysian-Bajau fishermen have advanced. Even in the region of Phuket as a famous tourism in Thailand are one of the Bajau tribal businesses. This condition encourages the President of Bajau Indonesia to strive to promote the Bajau tribe in Indonesia must be comparable to the Bajau tribe in other countries.

Marine Fisheries Business of Bajau Tribal Bajau tribe in Sei Batang (Sebatik Island) of is still economically rely on the sea as its main source of income. But unlike the Bajau tribe, it is generally understood that they have special skills and courage in “fighting” the sea. In fact, by most of them do not classify themselves as the Bajau tribe as commonly understood, they actually consider the Bajau as commonly understood as “Sea Bajau,” while they themselves categorize themselves as “Land Bajau.” In their view that the Sea Bajau tribe was far different from them due to their lifestyle had settled on land and had cultivated the land as a second source of income after sea. In fact, some of them have managed to cultivate land as their main source of income. The other sources of income other than the sea allows the Bajau to feel a change in fate after they moved from Derawan. At least, those who are constrained to go to sea from April to June (they call it the south wind season) can conduct plantation activities even though they only work on the gardens of their families or relatives who already own land (gardens). The Bajau people who came from Derawan had improved their fortune after they lived in Sei Batang even though they did not have a piece of land. Life in Sei Batang is more promising for their economic fulfillment because in Sei Batang there are many fish traders who buy their sea catches. In fact, to them, the fish traders who are all Buginese are quite helpful in the effort to catch their seafood. Things that are felt to help them because of the work system between the Buginese that applies as “the owner” while the Bajau tribe as “member.” In Sei Batang, the region of Bajau’s economic activities, there are 6 (six) owners from Bugis ethnic domiciled in Sei Taiwan. They have several members, each of which consists of five to seven peoples. The owner provides full capital to its members whose capital can be in the form of boats, engines, fishing gear, even up to the daily living costs. Then, the loaned capital is calculated in the catch sharing of the members. For Bajau fishermen, they only borrow capital in the form of boat engines because they already have their own boats. The owned boats are made from plywood. The skills of the Bajau tribe in making boats is one of the great capital of their survival. For the Bajau tribe, they admit that the “discovery” of plywood as the basic material of the boat allows them to dared themselves to capitalize on their boat making even though they have to owe to the owner. Boat made from plywood is cheaper, only about two to three million, they can construct a boat 1 x 6 m in size. Therefore, they dared themselves to take capital to the owner. With their own boat, they can get a lot of difference from their catch, especially after they no longer repays their shipbuilding debt. For once go out to sea, they Bajau fishermen leave Sei Batang for 3-5 days. In a month they can go to sea for around 5-6 times. Generally, they use boats (called lepa by Bajau tribe) with engines less than 30 GT. With only lepa, one lepa usually consists of two to three peoples, one person as “boss” and the other two people as “members.” These two people are usually family members or close relatives of their boss. The catch is shared with the boss who has a part. The fishing gear used is only fishing rod one hook and rawe (a fishing rod uses more hooks). In relation to the fishing gear, the Bajau people in Sei Batang had received the distribution of fishing gear in the form of nets from the fisheries offices which was distributed through fishing groups in Sei Batang. However, because the Bajau fishermen in Sei Batang did not have the abilities to use the net, it made the net only decorate the terraces of their homes. Basically, they want to know how to use the net, however, by the relevant offices do not provide learning related to how to use it. Another thing that by using the net will make high operating cost, even the boat (lepa) they use cannot accommodate the net. In common, the catches are white fish, grouper, red fish, rayfish, alu alu and even lobster. The average in catch a times of Bajau fishermen gets not too much fish, only around 20-30. However, the catch is enough for them to fulfill their daily needs for a week. The details of the net income were around Rp. 150.000 or if multiplied in a month can reach up to Rp. 750.000. basically, the income earned was not enough, but, for himself and his family he felt a little satisfied with the results because the catch could also be used to repay the capital of lepa and engine to the owner in Sei Taiwan.

Legal Problems in the Sea Border of Indonesia-Malaysia The fishing ground of Bajau fishermen at three places not far from Sei Batang (Sebatik Island). The three places are Pancang Bor takes two hours from Sei Batang. The second is Takat and the last is Karang Unarang island. Generally, the Bajau in fishing are more around the Pancang Bor and Takat areas. Even they arrived at Karang Unarang island, it was done because in the two areas their catch was still lacking. In fact, by some Bajau fishermen, sometimes to Bunyu Island. Not too widespread the catchment area of Bajau fishermen is acknowledged by them that there are fish communities that are relatively abundant in the Pancang Obor and Takat areas throughout the year except when the south wind season comes. Another thing is “fear” caught by sea officers by Indonesian marine police, especially by Malaysian marine police. Their fear is based on the tendency for them to forget to bring their identity such as Identity Card. And the second, they generally do not use a capable technology system to find out the boundaries between Indonesia and Malaysia. By sea officers in Sei Taiwan explained that one of the differences between fishermen who are Bugis, Makassar, Buton and Mandar with Bajau is the lack or not yet available for them to bring their identity cards. For many incidents related to the “arrest” of fishermen in the sea, most of the “victims” were Bajau fishermen. By law, the sea territory in the Indonesian archipelago, especially on the border with Malaysia, its territorial can also be understood as an arena of association between groups of people from different places of origin and ethnicity that can cause legal problems and stability in the defense of Indonesia’ marine territories, such as drug trafficking, trafficking in persons and labor issues. The Bajau tribe as a maritime cultural stakeholder that has an unlimited network by the State can be developed to maintain the stability of defense and security as a form of traditional defense system.

Conclusion The practice of economic in marine resources utilization has been part of the Bajau tribe culture as a maritime cultural stakeholder in the world. The existence of the Bajau tribe as a sea tribe spread in various countries (Indonesia, Malaysia, Philippines, Thailand and Vietnam). Identity as a “Bajau tribe” which is not bound by national boundaries is a matter that facilitates them in developing economic networks for the utilization of marine resources between countries (Malaysia-Indonesia). Although, this practice is always “dealing” with the formal law between Malaysia and Indonesia. A sea is seen as a situation of social practices and cooperative relations between groups of maritime communities that are built through socio-cultural and economic networks. Ethnic identity and living in harmony between ethnic groups serves as regulatory norms of interaction and cooperation. This potential has not been utilized in the context of stability in defense and security. The world of life or maritime culture of Bajau tribe as a multi-ethnic unifier in Southeast Asia by developing a network that has been a culture of Bajau tribe as a maritime cultural stakeholder in various regions in Southeast Asia ***

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