al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495
ISSN: 1907-591X.
E-ISSN: 2442-3084
DOI: https://doi.
org/10.
19105/al-lhkam.
Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-BiAoah and Green Constitution Nur Chanifah Universitas Brawijaya Malang.
Indonesia email: nur.
chanifah@ub.
Thohir Luth Universitas Brawijaya Malang.
Indonesia email: tohir.
luth@ub.
Siti Rohmah Universitas Brawijaya Malang.
Indonesia email: sitirohmah@ub.
Moh.
Anas Kholish Universitas Brawijaya Malang.
Indonesia email: anaskholish.
moh@ub.
Zaini Muchlis Universiti Sains Islam Malaysia.
Malaysia email: zaini.
muchlis@raudah.
Article history: Received: June 04, 2024.
Accepted: December 29, 2024.
Published: December 31, 2024 Abstract The Bajo community, as a traditional maritime group, has long practiced marine environmental conservation, such as avoiding marine pollution and protecting endangered species.
However, these conservation efforts are often perceived as lacking a firm legal foundation within both formal legal systems and Islamic law, making local wisdom-based conservation initiatives susceptible to neglect by both the government and the broader society.
This study aims to Author correspondence email: tohir.
luth@ub.
Available online at: http://ejournal.
id/index.
php/alihkam/ Copyright .
2024 by Al-Ihkam.
Jurnal Hukum dan Pranata Sosial Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-BiAoah and Green Constitution analyze the marine environmental conservation practices of the Bajo community from the perspectives of Islamic environmental jurisprudence and the concept of green The study conducted a qualitative Data were collected through interviews and Focus Group Discussions (FGD.
with Bajo community members, religious leaders, and relevant stakeholders.
The findings reveal that the unwritten customary regulations of the Bajo community emphasize the sanctity of the sea and promote a subject-to-subject relationship between humans and nature.
The conservation practices of the Bajo community align with the principles of Islamic environmental law .
iqh al-biAoa.
, particularly the principle of prioritizing environmental sustainability for the welfare of humanity.
Furthermore, the study finds that Bajo conservation traditions have adopted the principles of green constitutionalism enshrined in Article 28 H of the 1945 Constitution of Indonesia, which ensures the right to a healthy and sustainable environment.
Keywords:
Ecological wisdom.
Bajo tribe.
Fiqh al-BiAoah.
Green constitution Introduction In the journey of humanity on this Earth, environmental sustainability has become an urgent demand.
Global climate change, biodiversity loss, and degradation of marine ecosystems are major issues caused by waste, mining waste, and coastal reclamation.
According to information from the Ministry of Environment and Forestry (KLHK), in 2020.
Indonesia's sea experienced pollution with a waste amount of approximately 1,772.
7 grams per square meter .
/m.
1 On the other hand, the damage to marine ecosystems is also caused by coastal reclamation activities and sand mining, as well as offshore mining.
According to the Wahana Lingkungan Hidup (WALHI), 115 small islands in Indonesia's inland waters and 83 outermost small islands will sink due to sea-level rise.
1 Vika Azkiya Dihni.
AuAda Berapa Banyak Sampah di Laut Indonesia?,Ay Databoks.
May 18, 2022, https://databoks.
id/layanan-konsumenkesehatan/statistik/8e39097a76d1f44/ada-berapa-banyak-sampah-di-laut-indonesia.
2 Walhi.
AuSeruan 28 Eksekutif Daerah WALHI Se-Indonesia Kepada Presiden Republik Indonesia,Ay WALHI: Wahana Lingkungan Hidup Indonesia.
May 31, 2023, al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Thohir Luth, et al.
This situation is worsening with the enactment of Law Number 3 of 2020 amending Law Number 4 of 2009 concerning Mineral and Coal Mining.
Law Number 11 of 2020 concerning Job Creation, and Law Number 26 of 2023 stipulating Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation.
In addition.
Government Regulation Number 26 of 2023 regarding the Management of Sedimentation Results in the Sea has also been This indicates that the Indonesian government tends to prioritize short-term economic gains without considering the ecological sustainability of coastal, marine, and small island Amid ecological changes, traditional communities play a crucial role as guardians of time-tested local wisdom.
One such community is Bajo people.
The Bajo Tribe is a maritime community, often leading a nomadic life as traditional divers and fishermen.
3 They are spread across East Kalimantan.
South Kalimantan.
South Sulawesi.
Southeast Sulawesi.
West Nusa Tenggara.
East Nusa Tenggara, and other eastern regions of Indonesia.
4 Existing studies on Bajo people indicate they have long practiced conservation through an unwritten 'living law'.
For example, they prohibit practices such as littering in the sea and killing endangered species like turtles, which are part of efforts to preserve the sustainability of marine ecosystems in their areas.
5 Additionally, the Bajo community actively participates in mangrove forest conservation, which is essential for the health of coastal ecosystems.
Their efforts in sustainable mangrove management have contributed positively to maintaining https://w.
id/seruan-28-eksekutif-daerah-walhi-se-indonesia-kepadapresiden-republik-indonesia.
3 Fatmawaty Mallapiang.
Syarfani Syarfani, and Syahratul Aeni.
AuTrust and Occupational Safety Behavior Related to Decompressive Diseases on Bajo Ethnic Divers,Ay Diversity: Disease Preventive of Research Integrity 3, no.
: 69Ae78, https://doi.
org/10.
24252/diversity.
4 Pengelola Siaran Pers Kemendikbudristek.
AuSuku Bajau Jadi Inspirasi Pelindung Kebudayaan Berkelanjutan Cagar Biosfer Wakatobi,Ay Kebudayaan.
Kementerian Pendidikan Dan.
May https://w.
id/main/blog/2024/05/suku-bajau-jadi-inspirasipelindung-kebudayaan-berkelanjutan-cagar-biosfer-wakatobi.
5 Amanda Adelina Harun.
AuBajoAoS Living Law on Environmental Preservation to Support Economic Improvement,Ay Dialogia Iuridica 14, no.
: 076Ae094, https://doi.
org/10.
28932/di.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-BiAoah and Green Constitution environmental balance and protecting marine resources.
6 These practices are also integrated into environmental education for the younger generation, aiming to instill conservation awareness and responsibility from an early age.
However, while these conservation practices have long been recognized as integral to resource management, research explicitly linking these traditions with the principles of Islamic environmental jurisprudence .
and the concept of green constitutionalism remains very limited.
Furthermore, those local wisdom-based conservation practices often lack strong legal foundations within both formal legal system and Islamic law, making them vulnerable to pressures of modernization and environmental change.
Furthermore, mystical traditions that are still deeply integrated into the daily lives of the Bajo people, such as the use of mantras and taboo rituals,8 present challenges in gaining legitimacy from an Islamic legal Without clear legal legitimacy, the local wisdom-based conservation efforts risk being overlooked by the government and the wider society.
Therefore, it is crucial to explore further how these conservation traditions can be recognized within the framework of Islamic law through the principles of Islamic environmental jurisprudence and gain formal recognition through the concept of green constitutionalism.
Given that most of Bajo community adheres to Islam, aligning their conservation practices with Islamic law would enhance acceptance and respect within the community itself.
This is because Islam constitutes an integral part of their daily lives, making conservation practices rooted in Islamic values more comprehensible and readily implementable.
Consequently.
Islamic environmental jurisprudence can serve as a bridge connecting the local wisdom of 6 Umar Sulaiman et al.
AuContribution of Local Wisdom of the Bajo Tribe to Preserve IndonesiaAos Mangrove Forests,Ay Academic Journal of Interdisciplinary Studies 12, no.
: 264Ae75, https://doi.
org/10.
36941/ajis-2023-0076.
Muhammad Akbar Hajuan and M.
Marzuki.
AuEstablishment of Environmental Care Character Based on Local Wisdom of the Bajo Tribe in Bajo Village.
Selatan Halmahera Regency.
Indonesia,Ay European Journal of Social Sciences Studies 7, no.
: 594Ae96, https://doi.
org/10.
46827/ejs.
8 Abbas.
AuMistisisme Muslim Pesisir: Studi Atas Ritual Masyarakat Muslim Bajo Sulawesi Tenggara,Ay Al-Izzah: Jurnal Hasil-Hasil Penelitian 17, no.
: 83,
https://doi.
org/10.
31332/ai.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Thohir Luth, et al.
the Bajo people with a formal legal system, thereby securing broader recognition for their conservation efforts.
This paper therefore aims to address this gap by analyzing two main points: .
how the marine ecosystem conservation traditions practiced by the Bajo community can be viewed from the perspective of Islamic environmental jurisprudence, and .
how these conservation practices are related to the concept of green This study is expected to provide significant contributions, both theoretically in expanding the understanding of the synergy between local wisdom.
Islamic environmental jurisprudence, and green constitutionalism and practically in strengthening the legal legitimacy for marine ecosystem conservation based on local wisdom.
Methods This study explores the ecological wisdom of the Bajo people using a descriptive method.
9 The field study involved in-depth interviews, direct observations, and Focus Group Discussions (FGD.
conducted in Bajo Torosiaje traditional village in Popayato District.
Pohuwato.
Gorontalo.
The FGDs involved 15 participants, including fishermen, community leaders, and relevant officials to gain comprehensive insights into local ecological practices and the recent Furthermore, a comparative analysis method was employed to compare the ecological wisdom practices of the Bajo people with principles of Islamic environmental law (Fiqh al-Bi'a.
and green constitutionalism, focusing on similarities and relevance.
the final stage, conceptual modeling was performed to demonstrate the integration of the Bajo people's ecological wisdom.
Fiqh al-Bi'ah, and green constitutionalism within the framework of legal and religious values.
Simultaneously, data analysis utilized a qualitative approach involving the grouping, categorization, and interpretation of data to support environmental conservation.
This study aims to provide a profound understanding of the integration of local ecological wisdom with religious and legal values.
9 Jonaedi Efendi and Johnny Ibrahim.
Metode Penelitian Hukum: Normatif dan Empiris (Jakarta: Prenada Media Group, 2.
10 Soerjono Soekamto and Sri Mamudji.
Penelitian Hukum Normatif Suatu Tinjauan Singkat, 17th ed.
(Jakarta: Rajawali Pers, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-BiAoah and Green Constitution Result and Discussion Marine Conservation Practices of The Bajo Community from the Perspective of Fiqh al-Bi'ah The conservation practices of the Bajo community reflect their deep understanding of ecological balance, a principle that aligns with the ethical guidelines of fiqh al-bi'ah.
By adhering to local wisdom passed down through generations.
Bajo people integrate their spiritual beliefs with practical measures to protect marine ecosystems.
These practices are not merely cultural traditions but embody a profound respect for nature as a part of their existence.
To maintain this interdependent relationship and ensure the continued existence of marine ecosystems.
Bajo people have some rules as mentioned by a local figure as follow:
AuThere are several prohibitions to observe.
Among them, it is forbidden to dispose of kitchen ash, cigarette ash, chili water, and ginger water in the waters, because these substances can harm jellyfish.
Likewise, dishwashing water and cooking utensils containing charcoal and soot are also prohibited from being disposed of as they can cause the water to become murky.
Ay11 In line with it.
Rebi, the former Head of Torosiaje Village, further explained that these prohibitions are not merely rules but are part of the local wisdom passed down through generations.
AuWe believe that every action we take towards the sea will impact the life within it.
If we do not respect the sea, then the sea will not respect us,Ay12 he asserted firmly.
Additionally, there are restrictions on conducting Aumamia kadialo,Ay which refers to efforts to utilize marine resources for a certain AuWe believe that utilizing marine resources must be done wisely, not haphazardly.
There are times when we take .
arine resources, such as fish, seaweed, or shellfis.
, and there are times when we allow the sea to rest,13Ay he added.
11 Kamil.
Tribal Elder of the Bajo Torosiaje.
Interview, 2023.
12 Rebi.
Former Head of Torosiaje Village.
Interview, 2023.
13 Rebi.
Former Head of Torosiaje Village.
Interview, 2023.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Thohir Luth, et al.
Members of the Bajo tribe also enliven the prohibitions by understanding reasons beyond them as the following excerpt:
AuResidents are prohibited from killing turtles and approaching specific coral reef clusters that have conservation value.
Turtles are part of our ecosystem's balance, and coral reefs are home to many living creaturesAy.
It becomes obvious that by adhering to these prohibitions, the Bajo tribe strives to maintain sustainability and preservation of the marine and coastal ecosystems as an integral part of their identity.
They actively preserve and protect those critical habitats through coral reef and mangrove conservation efforts, prohibiting activities that could harm the surrounding environment.
For example, they prohibit overfishing in specific areas that hold high conservation value, such as those that serve as habitats for endangered species.
The conservation practices seem highly relevant to recent challenges faced by their marine ecosystem.
Existing studies highlight the threats to marine ecosystems in almost all of Indonesia's seas, including those in the Bajo regions.
For instance, overfishing has led to a decline in the fish species that form their primary livelihood.
Additionally, marine pollution from plastic waste and agricultural runoff further exacerbates the condition of the marine ecosystem.
Habitat destruction, such as the loss of mangroves and coral reefs, also worsens the state of the Bajo region's marine environment.
This specific local wisdom of the Muslim Bajo community has actually resonated with the very spirit of fiqh al-biAoah.
Muslim Bajo community believes that the sea is a divine medium that provides various blessings, not only a place to find food but also a place to release sorrow and find pleasure.
Therefore, there are several sacred 14 B.
Lamatenggo.
Villagers of Torosiaje.
Interview, 2023.
Ocean.
AuThreats on Marine Biodiversity,Ay Ocean 52, 2023, https://w.
com/articles/threats-marine-biodiversity.
16 Nature and Culture International.
AuMarine.
Coastal, and Wetlands: Bringing People Together to Save Wild Places,Ay International.
Nature and Culture.
January 11, https://w.
org/biodiverse-ecosystems/marine-coastaland-wetlands/.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-BiAoah and Green Constitution places in the sea called "lua angalo".
17 These sacred sites are deeply embedded in their cultural and spiritual beliefs, serving as a reminder of the interconnectedness between humans and the natural world.
The respect for these sacred places acts as a driving force behind their conservation efforts.
They believe that by protecting the "lua angalo" and other vital marine habitats, they maintain harmony with the sea and ensure the well-being of their community.
This belief system fosters a sense of responsibility and stewardship, motivating them to preserve the marine ecosystem not only as a resource but also as a sacred obligation tied to their cultural identity.
This belief furthermore leads to how the Bajo tribe behaves in their daily lives.
Relatively different from modern society, they do not recognize marine ecosystems as object to exploit in order to satisfy their greed.
On the contrary, the Bajo community puts nature as a friend, not an enemy.
This can be seen in the ritual permission called "karang tapotong" to the sea residents called "mbo" .
cean spirit.
before It is done by dipping underwater glasses and washing their faces and wrists while saying "We come as brothers, not enemies.
"18
They believe that skipping the ritual will trigger any disasters such as storms and a decrease in fish population affecting their families.
A tribal elder.
Kamil, mentioned that to prevent marine ecosystem damage, the residents use simple tools or methods of The tools used, for example, include fishing with a type of cotton thread without a hook called "bina.
" This tool is specifically designed to catch sori fish with a long beak and many teeth.
thread will be entangled with the fish's beak, making it easy to trap.
Besides fishing, residents also use spears or arrows specifically to catch fish in coral reefs.
Arrows and spears target specific fish.
Interestingly, fish living around the settlement are not consumed by the locals unless used as bait for fishing in open waters.
19 This stems from their profound emotional connection to surrounding natural 17 Esti Hasrawaty.
Pigoselpi Anas, and Sugeng Hari Wisudo.
AuPeran Kearifan Lokal Suku Bajo dalam Mendukung Pengelolaan Kawasan Konservasi di Kabupaten Wakatobi,Ay Jurnal Penyuluhan Perikanan dan Kelautan 11, no.
: 25Ae34, https://doi.
org/10.
33378/jppik.
18 Agustinus Supriyono.
Alamsyah, and Mualimin.
AuPirates and the Environment: Bajo Tribe Study in Marine Conservation,Ay E3S Web of Conferences 202, 07003 .
: 1Ae6, https://doi.
org/10.
1051/e3sconf/202020207003.
19 Kamil.
Tribal Elder of the Bajo Torosiaje.
Interview, 2023 al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Thohir Luth, et al.
resources, including well-preserved ecosystems such as mangroves, seagrass beds, and coral reefs.
It fosters tangible ecological practices where they consciously consider the environmental impact of their By allowing fish near their settlements to thrive, they indirectly maintain the balance of the local ecosystem, providing opportunities for fish populations to reproduce while ensuring the sustainability of marine resources for future generations.
Beyond those practices, it is important to note that there are a few exceptions and new phenomena.
The escalating impacts of climate change, unsustainable fishing practices, and industrial pollution have exacerbated marine environmental degradation, directly affecting the well-being of the Bajo community.
The decline in the quality and quantity of marine resources not only impacts the Bajo community's economy but also erodes spiritual and cultural values that have long been intertwined with their marine environment.
Along with it, the role of traditional institutions in guiding and reminding the community about the importance of preserving natural resources has diminished.
The loss of aquatic biodiversity threatens the collective identity and social cohesion of the Bajo people, forcing them to adopt less sustainable practices to meet their daily needs.
Some groups now view natural resources, such as coral reefs, seagrass beds, and certain fish species, not as sacred but as resources with exploitable potential to fulfill their lives.
For instance, although the Bajo Mola tribe still considers it important to preserve marine resources, they are also utilizing these resources in an exploitative manner, leading to the loss or shifting of their traditional wisdom.
Others started adopting more destructive fishing methods, such as the use of explosives or chemicals, which exacerbate the damage to coral reefs and other marine resources.
Despite this, the ecological wisdom of the Bajo tribe regarding the relationship between humans and nature is indeed affirmed by a 20 Christopel Paino.
AuKearifan Suku Bajo Menjaga Kelestarian Pesisir dan Laut,Ay Mongabay:
Situs Berita Lingkungan.
January https://w.
id/2014/01/26/kearifan-suku-bajo-menjaga-kelestarianpesisir-dan-laut/.
21 La Taena et al.
AuImpacts and Efforts to Preserve Local Wisdom of the Bajo Tribe in the Conservation of Marine Resources in Wakatobi Regency.
Southeast Sulawesi Province.
Indonesia,Ay International Journal of Social Science and Human Research 06, no.
: 4017Ae21, https://doi.
org/10.
47191/ijsshr/v6-i7-17.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-BiAoah and Green Constitution prominent Muslim figure from the Bajo community who stated in an interview that humans are the representatives of God appointed as stewards on Earth.
Thus, for him, the Bajo tribe must be able to act as agents for the preservation of the marine environment rather than pioneers of its damage.
This understanding of Bajo community cannot be separated from the teachings of Islam which form their knowledge Therefore, both the spirit and practice of Bajo community to preserve the marine environment is by no means any act of shirk .
ssociating partners with Go.
rather, it is a manifestation of the acculturation process of Islam and local culture configured in the ancestral advice.
This advice is consistently upheld by Bajo community and passed down through generations.
Although Bajo community may not explicitly refer or know about Sayyed Hosein NasserAos thoughts, their practices align with his broader Islamic philosophy of environmental stewardship which emphasizes the importance of harmony between humans and nature.
For Nasser, because their relationship is egalitarian as fellow creatures, humans must build a muAoAmalah .
relationship with nature harmoniously beyond their relationship with other humans.
However, what Sayyed Hossein Nasr offers is an Islamic ethical perspective on environmental preservation that needs legitimization from a fiqh (Islamic jurisprudenc.
This is mainly because relying solely on an ethical perspective without being reinforced by fiqh relatively does not give any strong binding force for Thus, at this point, fiqh al-bi'ah finds its urgency.
It provides a profound view of the relationship between humans and nature.
emphasizing ethical principles, social responsibility, and care for God's creation, it explains the importance of maintaining ecological balance as an integral part of human existence on Earth.
24 To this 22 Pramono Suwito Eko et al.
AuLocal Wisdom: Pillar Development of Multicultural Nations and National Education Values,Ay Cypriot Journal of Educational Sciences 15, no.
: 1587Ae98, https://doi.
org/10.
18844/CJES.
V15I6.
23 Seyyed Hossein Nasr.
AuIslam and the Environmental Crisis,Ay Islamic Quarterly 34, no.
: 217, https://w.
com/scholarly-journals/islamenvironmental-crisis/docview/1304278156/se-2.
24 Siti Rohmah.
Erna Herawati, and Moh Anas Kholish.
Hukum Islam dan Etika Pelestarian Ekologi: Upaya Mengurai Persoalan Lingkungan di Indonesia (Malang:
Universitas Brawijaya Press, 2.
Muhaemin Latif et al.
AuEnvironmental Theology and Its Relevance to Islamic Law: Perception of Makassar Muslim Scholars, al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Thohir Luth, et al.
point, fiqh al-bi'ah becomes an essential part of the understanding of the Islamic religion, although in classical fiqh studies, the concept has not received serious attention.
It is more likely not because fiqh al-bi'ah is considered unimportant by classical jurists.
It is just that at that time, environmental issues had not yet gained prominence as they have in today's era of the industrial revolution where environmental issues are becoming increasingly complex and concerning.
At this point, the local wisdom of the Muslim Bajo community finds conceptual justification from the concept of fiqh al-bi'ah.
Although the discipline of fiqh al-bi'ah is not thoroughly understood in their knowledge system, in reality, the Bajo population has implemented it by preserving the sea and fisheries resources through various local wisdom.
It is the legacy of their ancestors that has enlightened them to continue preserving the marine ecosystem.
implies that knowing the concept does not automatically result in acting according to it, and vice versa.
In the case of the Bajo community, even though they may not have a comprehensive understanding of fiqh al-bi'ah, their practices reflect the principles of sustainable environmental stewardship that align with the values of this concept.
Bajo CommunityAos Marine Ecosystem Conservation from the Perspective of the Green Constitution Various portraits of damage to the marine ecosystem in Indonesia are an undeniable existential reality.
WALHI notes that the degradation of the marine ecosystem is caused by climate change and the increasing practice of ocean grabbing resulting from actions of Indonesia,Ay Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, no.
: 1734Ae56, https://doi.
org/10.
22373/sjhk.
25 Sagaf Pettalongi.
AuLocal Wisdom dan Penetapan Hukum Islam di Indonesia,Ay Tsaqafah 8, no.
: 231, https://doi.
org/10.
21111/tsaqafah.
M Ridwan.
AuFiqh Ekologi Membangun Fiqh Ekologis untuk Pelestarian Kosmos,Ay Mazahib: Jurnal Pemikiran Hukum Islam 12, no.
: 150Ae61, https://doi.
org/https://doi.
org/10.
21093/mj.
Arbanur Rasyid et al.
AuLocal Wisdom Recognition in Inter-Ethnic Religious Conflict Resolution in Indonesia from Islah Perspective,Ay Juris: Jurnal Ilmiah Syariah 22, no.
: 13Ae26, https://doi.
org/10.
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al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-BiAoah and Green Constitution irresponsible corporations with various dominion effects.
26 Amidst the threats of climate change and uncontrolled exploitation of natural resources, there emerges an inspirational story about a coastal community that has been a pioneer in preserving and caring for the marine ecosystem, and they are the Bajo tribe.
Although extensive research has been conducted on Bajo people and their traditional practices, precise and well-documented historical data on when they formally began their conservation practices may be difficult to ascertain.
However, it can be assumed that these practices have existed for centuries,27 possibly since their earliest existence as a marine community.
Bajo people's conservation practices can be traced back to their ancestral traditions, which are deeply rooted in maritime culture.
28 As a nomadic seafaring community, the Bajo have relied on the sea as their primary source of livelihood for centuries.
Oral histories and cultural narratives passed down through generations emphasize the importance of maintaining harmony with the sea as a vital source of life.
These values were institutionalized into traditional practices, such as prohibitions against overfishing and the protection of sacred marine areas locally known as "lua angalo".
The local wisdom possessed by the Bajo tribe functions not only as an environmental guardian but also as a catalyst driving sustainable preservation of the marine ecosystem.
As "sea people," the Bajo tribe has profound knowledge of the marine ecosystem and sustainable practices in utilizing marine resources.
30 The efforts to protect marine ecosystems for the Bajo people are inseparable from 26 Parid Ridwanuddin.
AuOcean Grabbing dalam Penangkapan Ikan Terukur,Ay WALHI:
Wahana Lingkungan Hidup Indonesia.
April https://w.
id/ocean-grabbing-dalam-penangkapan-ikan-terukur.
27 Nabiila Azzahra and Andika Dwi.
AuAsal-Usul Suku Bajo Yang Diusir Malaysia.
Kerabatnya di Indonesia Hingga Filipiina,Ay Tempo.
June 13, 2024, https://w.
co/internasional/asal-usul-suku-bajo-yang-diusir-malaysiakerabatnya-di-indonesia-hingga-filipiina--49729.
28 Ericssen.
AuMengungkap Teka-Teki Sejarah Suku Bajo,Ay National Geographic Indonesia.
March https://nationalgeographic.
id/read/13297612/mengungkap-teka-teki-sejarahsuku-bajo?page=all.
29 Paino.
AuKearifan Suku Bajo Menjaga Kelestarian Pesisir dan Laut.
Ay 30 Andi Ima Kesuma.
AuMenggali Potensi Lokal Sebagai Alternatif Pendidikan Masyarakat Suku Bajo Wakatobi,Ay Alliri : Journal of Anthropology 4, no.
: 1Ae6, https://ojs.
id/JSB/article/view/40138.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Thohir Luth, et al.
their local wisdom which views nature as a partner in life.
For this community, the relationship between humans and nature is not an exploitative subject-object relationship, but rather one of mutual Arif, one of the leaders of the Bajo community, explained that Authe sea is our friend, not just a resource.
We live from the sea, so we must maintain its balance and sustainability.
31Ay This perspective reflects a generational awareness that their survival is deeply tied to the health of the marine ecosystem.
Furthermore.
Arif emphasized that protecting the sea is not merely an ecological obligation but also a part of their cultural AuOur ancestors taught us that if we do not care for the sea, we will lose both a friend and a source of life.
Therefore, every action we take is always considered about its impact on the sea.
Maintaining clean waters, protecting coral reefs, and using environmentally friendly fishing gear are our commitments to preserving nature's 32Ay This ecological awareness is further reinforced by rituals and traditions that highlight the importance of maintaining a good relationship with the sea.
AuWe always begin every activity in the sea with a prayer and a request for permission from the seaAos inhabitants,Ay Arif added.
Thus, for the Bajo people, protecting the marine ecosystem is not only about survival but also about showing respect for nature as an integral part of their lives.
This obviously indicates how the local wisdom of the Bajo community regarding the importance of preserving the marine ecosystems not only finds legitimacy from fiqh al-bi'ah, but also simultaneously gains legitimacy from the green constitution.
The concept of green constitution refers to the integration of environmental protection principles into a nation's constitution, ensuring ecological sustainability and guaranteeing citizens' rights to a healthy environment.
33 This concept recognizes environmental 31 Arif.
Leaders of the Bajo Torosiaje.
Interview, 2023 32 Arif.
33 Jimly Asshiddiqie.
Green Constitution: Nuansa Hijau Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 (Jakarta: Raja Grafindo Persada, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-BiAoah and Green Constitution rights as fundamental human rights, obligating the state to sustainably manage and protect natural resources without compromising environmental integrity.
34 Additionally, it emphasizes shared responsibility between the government and citizens in environmental governance.
The Indonesian government has demonstrated a strong commitment to the conservation of biodiversity and marine resources through various regulations and enforcement mechanisms.
Fisheries Law No.
45 of 2009 serves as the primary legal framework to combat destructive fishing practices,35 aligning with IndonesiaAos obligations under the United Nations Convention on the Law of the Sea (UNCLOS).
36 Law enforcement efforts involve collaboration among multiple agencies, including the National Police, the Indonesian Navy, and the Directorate General of Marine and Fisheries Resources Surveillance (PSDKP), as well as active community participation through monitoring groups such as the Special Marine and Fisheries Police (PWP3K) and the Community Monitoring Groups (Pokmaswa.
However, challenges remain in the field-level implementation of these policies, highlighting the need for improved governance and more inclusive community participation.
38 This study identifies the significant potential of the Bajo community values and practices as a foundation for developing more sustainable policies.
Integrating Bajo people's local knowledge, such as the concepts of sasi and bapongka 34 Siti Rohmah.
InAoamul Mushoffa, and Moh Anas Kholish.
Konstitusi Hijau dan Ijtihad Ekologi: Genealogi.
Konsep.
Masa Depan, dan Tantangannya di Indonesia (Malang:
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35 Josept Prayego Matondang.
Abdul Hakim, and Maya Jannah.
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36 Karina Tri Ambarsari et al.
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37 Anta Maulana Nasution.
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38 Rohmah.
Mushoffa, and Kholish.
Konstitusi Hijau dan Ijtihad Ekologi:
Genealogi.
Konsep.
Masa Depan, dan Tantangannya Di Indonesia.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Thohir Luth, et al.
into fisheries management policies could enhance conservation Sasi is a system of marine resource management that imposes a temporary ban on fishing or the extraction of some marine products.
The purpose is to provide time for marine ecosystems to recover and The duration of sasi can vary, ranging from several months to a few years.
Meanwhile, bapongka is a tradition of longerduration fishing, where Bajo people sail in small groups to distant areas to gather various marine resources.
These two traditions exemplify the Bajo community's local wisdom in maintaining a balance between human needs and the preservation of marine Furthermore, the Muslim community of the Bajo tribe believes that humans are an inseparable part of nature.
Therefore, they perform various rituals as a form of communication to acknowledge nature as a living subject.
In their view, nature is a connected unity, and they believe that preserving the marine ecosystem is crucial.
they do not take care of the marine ecosystem, the marine inhabitants may respond negatively.
Treatment of nature, partly embodied in some forms of prohibition, aims to maintain the sustainability of the marine and coastal ecosystems and support the existence of wildlife living there.
This approach aligns with the philosophical principles of the green constitution which aims to avoid the dichotomy between anthropocentrism and biocentrism.
Instead, in its philosophical perspective, nature is seen as a holistic unit or from an eco-centric point of view.
40 This theory states that morality should be applied to the entire components of the universe, both living and non-living.
39 Kamil.
Tribal Elder of the Bajo Torosiaje.
Interview, 2023.
40 Siti Rohma.
Moh Anas Kholish, and Siti Zulaichah.
AuThe Pattern of Absorption of Islamic Law Into National Law: Study of the Halal Product Guarantee Law in the Perspective of MaqAid SyarAoah,Ay Jurisdictie: Jurnal Hukum dan Syariah 12, 1 .
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Siti Rohmah and Azka Rasyad Alfatdi.
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Vol5.
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41 Ilham Tohari and Umar Faruq.
AuActualization of Sufism Teachings in Environmental Conservation: Lessons from Tarekat Rowobayan,Ay Peradaban Journal of Religion and Society 1, no.
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al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-BiAoah and Green Constitution This is, among others, reflected in how the Muslim community of the Bajo tribe fishes.
Morality of the Muslim Bajo tribe in preserving the environment is evident in their decision to sustain the coastal ecosystem while prioritizing offshore fishing where fish populations are more abundant.
Other than that, the rule prohibiting the consumption of fish near their settlements was strictly and consistently adhered to by Bajo community, stems from their profound emotional connection to the surrounding natural resources, including well-preserved ecosystems such as mangroves, seagrass beds, and coral reefs.
42 This commitment is an integral part of their cultural heritage, passed down through generations, and underscores the depth of their environmental stewardship.
43 This obviously shows that Muslim community of the Bajo tribe has long applied the spirit of the Green Constitution in their daily lives consistently even before the principles of the Green Constitution were recognized in the 1945 Constitution.
Article 28 H of the 1945 Constitution states: "Everyone has the right to live a prosperous life physically and spiritually, reside, and obtain a good and healthy environment and is entitled to receive health services.
Ay Despite recognizing environmental rights, violations persist due to several systemic challenges.
One major issue is weak law enforcement where enforcement institutions lack the capacity and resources to monitor and regulate environmental practices 44 Additionally, decentralization, which delegates authority to regional governments, has resulted in inconsistencies in environmental governance, with some regions prioritizing economic development over environmental sustainability.
45 The mining sector, for example, highlights how regulatory gaps can trigger environmental rights violations, as permits are often issued without 42 Kamil.
Tribal Elder of the Bajo Torosiaje.
Interview, 2023.
43 Paino.
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Ay 44 Aris Susanto.
Sapto Baralaska, and Aan Jaelani.
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45 Grandini Dyah Sagita and Ervira Rahmasari Budi.
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adequate consideration of environmental impacts or land rights.
46 On the other hand, some argue that while the constitutional framework is robust, the focus should shift towards improving law enforcement and fostering community engagement to strengthen environmental protections rather than solely critiquing existing legislation.
In addressing these systemic challenges, integrating local wisdom into environmental governance could offer complementary The values of Bajo Muslim community, for instance, provide an eco-centric perspective that aligns with the spirit of the 1945 Green Constitution.
These values can transform the approach from previously anthropocentric to eco-centric.
For instance, the Bajo community views nature as a subject instead of an object as reflected through their sacred places and rituals.
Although some may be considered as shirk .
ssociating partners with Go.
, they uphold a deep respect for the sea.
Practices such as environmentally friendly fishing methods, and determining the locations and timing of fishing that consider the marine ecosystem, are concrete examples of how they maintain the sustainability of the marine ecosystem.
Thus, the values and practices of local wisdom of the Muslim community of the Bajo tribe should serve as a strong foundation for strengthening the spirit of the 1945 Green Constitution.
The values of local wisdom of the Muslim community of the Bajo reflect the principles of a green constitution as mandated by the 1945 Constitution while simultaneously acting as a catalyst for sustainable green economic development.
A green constitution is essential for sustainable development as it integrates environmental 46 Mohamad Nasir.
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47 Adiguna Bagas Waskito Aji et al.
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Githa Asmadeningrum Rosady, and Savero Pramudika Arya Wibowo.
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It embeds environmental rights within the legal system, as demonstrated by the 1945 Constitution of Indonesia which emphasizes the right to a healthy 48 This approach encourages the alignment of economic policies with sustainable practices, mitigating the negative impacts of legislation such as the Omnibus Law (Undang-Undang Cipta Kerj.
, which may overlook environmental concerns.
49 It also aligns with Soemarwoto's perspective which asserts that sustainable development must simultaneously consider ecological, social, and economic Addressing these challenges requires a holistic approach that involves preserving local wisdom and empowering the community.
The development of community-based marine conservation areas could provide an effective solution to maintaining ecological balance while strengthening the cultural identity of the Bajo community.
Additionally, the promotion of sustainable tourism focused on the natural and cultural potential of the region could offer environmentally friendly livelihood alternatives.
51 Collaboration between the Bajo community, the government, and non-governmental organizations (NGO.
is crucial in these conservation efforts.
Through 48 Iza Rumesten RS et al.
AuProtection of Human Rights Against the Environment in the Indonesian Legal System,Ay Journal of Law and Sustainable Development 11, no.
: 1Ae31, https://doi.
org/10.
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Annisa Weningtyas and Endang Widuri.
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I Ketut Kasta Arya Wijaya, and Hartini Saripan.
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49 Bahar Elfudllatsani.
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50 Gatot P Soemartono.
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, 2024: 470-495 Thohir Luth, et al.
a collaborative approach, it is expected that effective synergies will be created in managing marine resources sustainably, ensuring the preservation of the Bajo community's culture for future generations.
On a global scale, countries such as Ecuador and France have successfully integrated environmental principles into their constitutions, providing models for Indonesia to strengthen its green Indonesia can learn from the successes of Ecuador and France in strengthening environmental legal protection.
By adopting the rights of nature, as Ecuador has done, and the concept of environmental justice, as seen in France.
Indonesia can grant greater authority to the public to engage in environmental protection while enhancing the accountability of both the government and Additionally, by strengthening the environmental judicial system, increasing legal awareness, and actively involving the community.
Indonesia can ensure that the principles of a green constitution are effectively implemented in daily life.
Conclusion The Bajo people, a predominantly Muslim community in Indonesia, maintain a deep and spiritual connection with nature, viewing it as a living entity deserving of respect.
Their conservation practices, such as prohibitions against marine pollution, the protection of endangered species like sea turtles, and the use of eco-friendly fishing gear, align with Islamic environmental ethics, which emphasize stewardship and ecological balance.
These actions reflect the principles of moderation and environmental responsibility, prioritizing sustainability for the well-being of humanity.
The Bajo community also embraces principles of the Green Constitution, as outlined in IndonesiaAos 1945 Constitution, promoting a right to a healthy, sustainable environment.
This study reveals their eco-centric approach which balances economic prosperity with environmental However, the findings are specific to the Bajo community in Torosiaje, with potential variations in practices among other Bajo groups.
Future research should explore the cultural, social, 52 Linda Etchart.
Global Governance of the Environment.
Indigenous Peoples and the Rights of Nature: Extractive Industries in the Ecuadorian Amazon (London: Palgrave Macmillan, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 470-495 Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-BiAoah and Green Constitution and religious mechanisms behind these conservation practices and compare them with other fishing communities in Indonesia.
Acknowledgment We extend our gratitude to Dr.
Munkizul Umam Kau.
Fil.
Phil.
from Universitas Negeri Gorontalo for serving as an expert calibrator in the field of Bajo studies and for his significant contribution as a key informant, facilitating our access to various important informants within the Bajo Torosiaje community.
Additionally, we would like to thank the informants, including traditional leaders from the Bajo Torosiaje communities and officials from the Torosiaje Village Government, who graciously agreed to be interviewed, such as Pak.
Fenly.
Pak.
Rebi.
Pak.
Rizki.
Pak.
Kamil, and Pak.
Abdul Khalik.
Lastly, we are grateful to the Faculty of Law.
Universitas Brawijaya, for providing financial support for this research.
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