NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 THE LOCAL LAW INSTRUMENT BASED ON LOCAL WISDOM IN MALUKU, òSASI LOMPAóã ,!73 !.$ %#/./-)# )-02/6%-%.4 SOSTONES Y. SISINARU, VONDAAL V. HATTU MARTINUS J. SAPTENNO 1Law Faculty, Pattimura University Jl. Ir. Martinus Putuhena, Poka, Ambon, Maluku, Indonesia 97233 *Corresponding author email: [email protected] ABSTRACT: Lompa in the Haruku village. Such instrument Customary law is a law system known will solve the difficulties of the Haruku in the social life environment in Indonesia as villagers to preserve the local wisdom that well as in another countries. The source of they usually known as Sasi Lompa. customary law is unwritten law regulations KEYWORDS: Customary Law, Sasi Lompa, which are grown, developed, and maintained Local Wisdom, Regional Regulation. by the legal awareness of the world people. Moreover, customary law is closely related to PURPOSE OF STUDY: culture. The purpose of this study is to examine the The meaning of culture is a way of life role of the Regional Government in providing that is found in a group of people in a legal instruments that regulate sasi on Haruku community who developed, and passed down village. from one generation to another generation. Culture also regulates human behavior in METHODOLOGY: interacting with other humans so that each The research method is the procedure for person understands what the needs to be how a research will be carried out. Considering conducted. this research is a legal research, the research The implementation of Sasi in Haruku method used is a legal research method. Legal village located in an island of Maluku province research is a process to find the rule of law, legal in the eastern part of Indonesia was studied. principles and legal doctrines to address the legal Here Sasi is meant according to the original issues at hand. Based on the description above, ¨°°ß• © (°≤µ´ ©¨¨°ß• °≥ ò3°≥© !° (°≤ the authors raise the problem to be examined is 5©óä 4®• ©¨••°© ¶ ®©≥ Sasi had How is the Role of the State Government in been carried out since the 1600s associated upholding and preserving Sasi Lompa in Haruku with the enormous potential of nature in village? The type of Writing about The Local Law Haruku Village especially to protect, preserve Instrument Based on Local Wisdom in Maluku, and maintain all potential natural resources "Sasi Lompa": Laws and Economic Improvement contained in the village. is a Sociological Juridical study. Sociological The challenges faced by the Haruku Juridical Resea villagers are economic problems so that the rch is an unwritten customary law life, need for a written instrument which can which has not been systematically described, actually provide absolute certainty of factual, and accurate, regarding the authority when opening and closing Sasi characteristics, characteristics of the community, and certain factors in the Sasi Lompa 331 | P a g e NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 MAIN FINDINGS: include lawmaking, law enforcement, justice and To find out the role of the State administration of justice. Government in upholding and preserving Sasi Customary law [24] is a law system known Lompa in Haruku village. in the social life environment in Indonesia and other countries. The source of customary law is unwritten law regulations that grow, develop and APPLICATIONS OF THIS STUDY: are maintained with the legal awareness of the This paper is about Sasi Lompa in Haruku community. These regulations are unwritten and village which is related to customary law. The grow, so customary law has the ability to adapt discovery of various government regulations can and be elastic. support and preserve sasi lompa in Haruku. So it The term of customary law was first can provide economic benefits and also legal introduced scientifically by C. Snouck Hurgronje], protection toward sasi in Haruku village in then in 1893, C. Snouck Hurgronje in his book particular and in Province of Maluku in general. entitled "De Atjehers" mentions the term customary law as adat recht (Dutch) to name a NOVELTY/ORIGINALITY OF THIS STUDY: control system social (social control) that lives in Through the writing about The Local Law Indonesian society. This term was later Instrument Based on Local Wisdom in Maluku, developed scientifically by Cornelis van òSasi Lompaóã ,°≥ °Æ§ %£Ø©£ )≤•• Vollenhoven who was known as an expert on then it obtained things about the economic and Customary Law in the Dutch East Indies (before social as well as customary legal arrangements becoming Indonesia). Cornelis van Vollenhoven that are used to regulate systems and procedures was the first to launch the idea of the division of that are good for the prosperity of the community customary law. According to him the area in the of Haruku village through sasi lompa archipelago according to customary law can be divided into 23 following customary INTRODUCTION environments such as Aceh, Gayo and Batak, Nias The law of a country as an equivalent and and its surroundings, Minangkabau, Mentawai, its defined as a code of conduct in regulating South Sumatra, Enggano, Malay, Bangka and human beings [5-12, 24]] is a coercive order. This Belitung, Kalimantan (Dayak), Sangihe-Talaud, means all of these arrangements react to certain Gorontalo , Toraja, South Sulawesi (Bugis / events that are considered as undesirable Makassar), North Maluku, Maluku Ambon, because they are detrimental to society and can Southeast Maluku, Papua, Nusa Tenggara and provide certainty towards something abstract. Timor, Bali and Lombok, Java and Madura John Austin, quoted by [23] stated that the law is (Coastal Java), Java Mataraman, and West Java an order from those who hold the highest (Sunda). Meanwhile, according to Gerzt, the authority or from those who hold sovereignty. Americans state that Indonesian people have 350 According to Austin, the law is what is charged cultures, 250 languages and all beliefs and with regulating thinking beings, which orders are religions in the world are in Indonesia. The carried out by thinking beings who hold and have Indonesian government's recognition of power. In addition to legal power as described customary law has been embodied in words earlier besides legal power the need for legal which are sentences and implicit in the institutionalization in the community to enforce constitution as stipulated in the 1945 the law as part of a series of processes that Constitution Article 18B paragraph (2). 332 | P a g e NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 Culture regulates so people can METHODOLOGY: understand how they should act, determine their The research method is the procedure for attitude when they relate to other people. how a research will be carried out. Considering According to Edward Burnett Tylor, culture is a this research is a legal research, the research complex whole, which contains knowledge, method used is a legal research method. Legal beliefs, arts, morals, law, customs, and other research is a process to find the rule of law, legal abilities that a person has as a member of society. principles and legal doctrines to address the legal The purpose of cultural preservation is also to issues at hand. carry out cultural revitalization (strengthening). Problems Regarding cultural revitalization, A.Chaedar Based on the description above, the Alwasilah said there were three steps, namely: authors raise the problem to be examined is How (1) understanding to generate awareness, is the Role of the State Government in upholding (2) collective planning, and and preserving Sasi Lompa in Haruku village? (3) cultural creativity. Purpose of Writing The implementation of Sasi in the Haruku The purpose of this paper is to examine the village originally called "Sasi Aman Haru-Ukui". role of the Regional Government in providing Historically based on historical stories, the legal instruments that regulate lasi sasi on implementation of this sasi began in the 1600s. Haruku village. The implementation of this sasi is related to the Types of research enormous natural potential in Haruku village, and The writing about ò4®• Local Law to protect, preserve and maintain all the potential Instrument Based on Local Wisdom in Maluku, natural resources contained in the Haruku village. "Sasi Lompa": Laws and Economic Improvement The process of implementing sasi is aimed at ò is a Sociological Juridical study. Sociological preserving nature and its wealth both on land but Juridical Research is an unwritten customary law also at sea. Sasi Lompa is sasi to one of the marine life, which has not been systematically described, resources, namely sasi to lompa fish which has factual, and accurate, regarding the been forbidden by customary law to catch if the characteristics of the community, and certain sasi has not been opened. The process of opening factors in the Sasi Lompa. Sasi was marked by the beating of Tifa by Kewang as a sign of Sasi being opened, then the first nets DISCUSSION / ANALYSIS: were distributed by the King and the Reverend Overview of Indonesian customary law Sasi was opened, then only then were all the Customary law is one form of law that still citizens free to catch lompa fish. exists or exists in the lives of indigenous and tribal peoples in Indonesia. We also need to know LITERATURE REVIEW: