“Suku laut”: norm and recognition
Research and study on communities of archipelago
2026
Apintlaw (associated program for international law)/
A. the research in 2021-2027
“Suku Laut” is known by Indonesian and by scholars around the world as semi-nomadic communities living in archipleago. Here, archipelago denotes Indonesia, and, by lesser extent to ecosystem of islands in the sea. “Suku laut” could be transliterated as sea-wanderer community though this transliteration is not precisely correct. At any rate, though, “Suku Laut” is to drawn here as “semi-nomadic communities living in archipelago”.
The communities are truly semi-nomadic. Both in pre-republic and during republic period, this communities living in semi-nomadic way in a very expansive maritime ecosystem. In a simple term, it is safe to say that they are living in a ecosystem as vast as an area of europe (though europe is a land massive while archipelago is more of the sea than land). Living their life, they develop their traditional knowledge, code of leadership, navigation analysis and skill, and a projection of worldview towards the archipelago. Their way of life is so different with a legal system developed by “normal” nation-state. They are in constant moving, though not in a short period time. This makes them cannot fit into a system of “indentification card” or “population management” (in Indonesian legal system: “adminduk”).
This research in 2021 is dedicating its attention towards a study on suku laut. In reality, study on them is an expansive one. This research though will attend to the key normative study on recognition towards them. The concept of recognition is assessed, and is developed towards “suku laut”. The research will develop several branches (showcases) and (legal) toolbox on how to develop recognition towards them.
B. who’s who in the process of the study
By a background, the “expert testimony” in which I served in the Indonesian Constitutional Court in 2011 will bring some normative context and the discussion into “islands reality” of Indonesia. The court ruling in favor of petition in which case the Court stroke down key provision on “exclusivity” in a maritime ecosystem area. In this, also, there is a strong push by the court towards enumeration of “parties” in the marine ecosystem. This is, to date, the only key source of legal enumeration of recognition in the context of the marine ecosystem.
I served with Dr. Dedi Adhuri of Indonesia of Indonesian Institute of Sciences (LIPI). His works, with his network, provide a very in-depth and high quality of research. I am in communication and in several joint-works with Dr. Dedi especially in looking into “conflicts of law” in the governance of maritime population. In this, the study also is in communication with Dr. Tukul Rameyo, formerly with Indonesian Ministry of Seas and Fisheries, and now serving as special advisor to the Coordinating Ministry of Maritime and Investment.
I have been working on the UNDROP -United Declaration Rights of Peasants and Other People Working in Rural Areas- since its very start in 2008 in UN Human Rights Council to adoption in 2018 in UN General Assembly. This process at this moment is on development of body of law, body of knowledge. In the UNDROP, the martime community is recognised as one of several groups in the rural areas who claim the protection of human rights. The UNDROP is expansive legal document, but it is a very concise in formulation. It needs various follow-up and in-depth process so as to be formative in the human rights protection towards this category.
On the housing of the UNDROP study in Indonesia, I have been working with Law Faculty of Atma Jaya Yogyakarta University. The work includes development of corpus iuris in regard of UNDROP. This work is in conjuction with the constitutional law study in the faculty which we develop.
The study also is housed in the Indonesia for Global Justice (IGJ). This relates to the study towards impacts arising from commercialisation of seas. This study also attend to the framework of Indonesian protection of citizens in an increased competition towards Indonesian natural resources.
C. key framework
The study is a normative one, as an enumeration process out of adjudication (Indonesian Constitutional Court rulings) and of UNDROP in its entirety. The research which is undertaken in 2021-2027 will bring some normative references, and develop into a legal document -I would take it as a part of process of corpus iuris.
The research will also brings materials from sociological studies towards suku laut. This is necessary in assessing “suku laut” as meritable groups in international norm and in the tradition of Indonesian constitutionalism. .
This framework, when it is developed carefully, should address the “semi-nomadic reality”, “maritime reality”, “(problem of) identity” and the role and the limit of “regulatory state”. It is sure that a state should frame the protection towards Suku Laut (as recognition), while attend to the limitation, so far, wordings of law and effective engagement towards Suku Laut. I should say that attending into this context coincides with the study (standard setting) of Indonesian National Human Rights Institution (Komisi Nasional Hak Asasi Manusia and Komnas HAM) which I happen also to contribute to. The study of Komnas HAM also happen to look into indigenous communities, including the nomadic ones.
D. the expected result of the research
The research of 2021 will have a set of normative assessment and formulation of “suku laut” into international norm (arising from UNDROP) and into Indonesian legal system. This is also partly a process on developing corpus iuris.