An institutional analysis of sasi laut in Maluku, Indonesia



10.4.4 Enforcement

Enforcement of sasi on land crops is traditionally in the hands of the kewang. Nolloth has two
kewangs (one from each clan group). Each has a leader, or head of the kewang, and both are
under the authority of a man called the
pakter. The 40 kewang members are selected from
particular families. The
kewang has a secretary, a treasurer, and two marinyo (news bearers).

When informed of an offense, kewang members will immediately go and try to make an arrest.
They try to be fair in their approach and not cause bad feelings (and so maintain their legitimate
position). When a thief is caught, the fine money goes to the
kewang. Every villager is obliged
to report
sasi violations to the elders or the kewang. However, cases that concern family and
friends are complicated matters and often go unreported. Villagers themselves play no role
in enforcement.

Where there is a difficult problem with a persistent violator of land sasi, the kewang will ask
the village head to help with enforcement or punishment. In the past, people were publicly
sentenced, and would serve as an example. For instance, they could have to wear a sign around
their neck that said: “Do not do what I did”. Nowadays, offenders can be forced to work in
the village (road construction, cleaning of the village), or may face corporal punishment at
the hands of the village head. Serious offenders and especially outsiders may not be prosecuted
locally, but are reported to the police in Saparua Kota.

The marine sasi area is guarded by the kewang members who stay in their two guardhouses.
They take turns in guarding the area. Armed with knives and bamboo sticks, they patrol
along the beach. However, the
kewang lacks equipment such as motorboats, communication
devices and modern weapons. Also, the remoteness of the
sasi area makes it hard to control.
In the case of thefts of top shells from the
sasi area, the village head imposes large cash fines
directly. Since the proceeds of
sasi go to the village, the village head feels this is his
responsibility although it is the
kewang who guards the area. Recently, Butonese intruders
were caught in the marine
sasi area and punished to serve as an example.

Currently, enforcement based on adat is supplemented by the power of the church. The role of
the church is mainly to perform the prayers for
sasi to facilitate religious sanctions. In the
past, thieves have been known to give themselves up to the church when overcome with fear
of spiritual sanctions.

Where, as in Nolloth, the village head plays a key role in enforcement of marine sasi, his
legitimacy is crucial. If the person is not trustworthy or not from the royal clan (
raja), his
position as an enforcer is weak. Such was the case with a former village head (Section 10.2.1).
During his term, intrusion into the
sasi area was more common than is the case currently.
This was in part because he himself neglected the rules. When he opened
sasi too often,
depleting the resource for what appeared to be personal gain, he undermined the
kewang
and, thus, sasi. However, before sasi could collapse, this leader was replaced by a raja who has
a strong position in the village and is very strict. His legitimacy allows him to enforce the
regulations, and he has passed the news to neighboring villages that he is determined to deal
with offenders vigorously.

Desa Nolloth, Saparua Island 109



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