Maintaining Tradition or Enforcing Marine Conservation Policy:
A Case Study of the Lewa Tradition in Indonesia
Introduction
Indonesia, as an archipelago, boasts an abundance of ocean area comprising 62% of its total, which includes a rich variety of natural resources, such as minerals, natural gas, animals, and plants (Sasmito et al., 2023). The Komodo Islands and Solor-Lembata waters in the East Nusa Tenggara Province serve as migratory routes for marine animals because of their strategic position between the Hinda Ocean and the Pacific Ocean (Maro et al., 2021). The strategic location of the community was leveraged to hunt migratory marine animals, including whales and stingrays. Lamalera Village in Lembata Regency, East Nusa Tenggara Province, is often utilised as a hunting ground, a tradition that has persisted since the 6th century AD, with the majority of the Indigenous population engaged in whale and ray hunting (Sahri et al., 2020). The Lamalera community, also known as the Lewa people, has a customary practice of whale and ray hunting rooted in their animist beliefs. According to these beliefs, Indigenous people believe that the whales and rays that enter their waters are sent by their ancestors. As a result, it is considered a duty of each family to send young men to hunt these creatures by harpooning them. This customary practice has been passed down from generation to generation and continues to be an important part of the Lamalera community's cultural heritage.
The Lewa tradition has significant economic implications for indigenous communities in Lamalera Village, which rely on the sale of whale meat or the barter of goods to survive. Additionally, the continuation of this hunting practice highlights the collaborative efforts of mutual assistance among the indigenous people in the region. However, to preserve the Lewa tradition, there have been instances of outsiders hunting whales and rays on behalf of the Lamalera community to secure hunting legality in strategic areas. Such cases are not surprising, given that the price of whale meat and ray gills is relatively high compared to other marine commodities (Durney, 2020). The preservation of traditional customs in Lewa has come into conflict with the implementation of marine conservation policies. In response to this conflict, the Indonesian government issued several laws and regulations to enforce marine conservation policies. From a legal standpoint, Lewa's activity is prohibited. However, if they are tied to indigenous people’s traditions, they warrant a comprehensive substantive review. This article explores the Lewa tradition practiced by indigenous peoples, examines the tradition in the context of marine conservation policies, and assesses its impact on marine resources in the waters of the Lembata Regency, East Nusa Tenggara Province.
The Existence of Lewa Tradition and the Lamalera Indigenous Community
The Lewa (Leva Nuang) tradition is a long-standing practice of hunting whales or rays that have been passed down through generations by the Lamalera Indigenous community residing in Lembata Regency, East Nusa Tenggara Province, Indonesia (Tolla & Verschuuren, 2019). The Lewa tradition has been a longstanding practice dating back to the 6th century AD and is considered a part of the aboriginal subsistence whaling activity. The indigenous people of the area engage in this tradition using a specific type of boat known as the Paledang, which is directed towards the sea. Each boat has an individual responsible for aiming and spearing marine animals, known as the Lamafa (Taum & Baryadi, 2024). The primary objective is the sperm whale (Physeter Marcocephalus), although if this species is not encountered, alternative targets such as rays and dolphins may be pursued. In the Lewa tradition, game objects are primarily classified as non-pregnant sperm whales. Moreover, the indigenous people refrain from hunting blue whales (Balaenoptera Musculus) due to the belief that these creatures must be respected as they are considered to be the helpers of the Lamalera people. The Lewa tradition is timed according to the migration patterns of marine animals in the Komodo Islands and Solor-Lembata waters, with the Lefa (May-August) and Baleo (September-April) seasons serving as the primary periods of focus (Durney, 2023). According to customary law, a Lamafa is expected to be a man of honour and integrity and is prohibited from engaging in sexual activities with his partner on the eve of the Lewa tradition. The Lamalera Indigenous people hold the whale in high regard, recognising it as the giver of life. This reversal is expressed in a traditional poem “raja dai geri lefo, maje ribu ratu gole ile lodo lili raja pau lefo” (The king comes to feed the village, call all the people in the mountain to come down to attend the event).
Customary law governs the procedural aspects of hunting for a Lamafa, specifically, by prohibiting the following actions: hunting blue whales (Balaenoptera Musculus), pursuing whales in areas close to land, hunting young or pregnant whales, slaying female whales, and offspring in pods to enable them to protect their young, harpooning whales that are in a straight line with the Paledang, and requiring Indigenous hunters to continuously monitor the cardinal directions and the sun's location. Once the sun sets, hunters must relinquish their prey by uttering a traditional phrase "te baongte ki, mo maiko but beu pe mo baliko bali" (today you go but hopefully tomorrow you come back). It is important to note that these restrictions are in place to ensure the sustainability of hunting and preservation of the whale population (Dasion, 2019). The Lamalera indigenous community finds the Lewa tradition to be of great utility, as it holds economic value by bartering meat for other goods. Furthermore, traditions foster brotherly relations among indigenous people by promoting cooperation during hunting.
Friction between Lewa Tradition and Indonesia's Marine Conservation Policy
The conservation policy in Indonesia is guided by fundamental principles in accordance with the ratification of the Geneva Convention, while also considering national identity and the provisions of national legislation. This is demonstrated by the formulation of Law No. 19/1961 of the 1958 Geneva Agreement on the Law of the Sea, as well as Government Regulation No. 60/2007 on the Conservation of Fish Resources. Article 1 mandates that fish species conservation is an effort to protect, conserve, and utilise fish resources, ensuring the existence, availability, and sustainability of fish species for current and future generations. However, this legal content appears to be at odds with the whaling practices of the Lamalera Indigenous community, which are rooted in the Lewa Tradition and strictly prohibit the use of technology, such as bombs and electric shocks. Nevertheless, the indigenous community carefully considers the hunting area, population size, and types of whales that can be hunted. However, whaling has a significant impact on marine ecosystems.
The Indonesian government has attempted to manage the survival of whale animals through a strategy to develop marine tourism with the aim of maintaining whale populations by monitoring and protecting ecosystems, food chains, species, and migration routes. This approach is based on Article 1 of Government Regulation No. 7/1999 on the Preservation of Plant and Animal Species, which prohibits whaling as it mandates the protection of whale species such as Physeteridae, Balaenopteridae, and Delphinidae. Furthermore, the Regulation of the Minister and Head of the Ministry of Marine Affairs and Fisheries of the Republic of Indonesia Number 2/2018 on the Prohibition of Hunting, Catching, and Trading of Marine Mammals, as well as the Decree of the Minister and Head of the Ministry of Marine Affairs and Fisheries of the Republic of Indonesia Number 18/2013 on the Determination of Full Protection Status of Whale Shark (Rhincodon Typus), and the Decree of the Minister and Head of the Ministry of Marine Affairs and Fisheries of the Republic of Indonesia Number 79 of 2018 concerning the National Action Plan for Marine Mammal Conservation for 2018-2022, demonstrate the government's commitment to the protection of protected and endangered animals. Therefore, Indonesia does not have strict regulations governing the traditional hunting of marine animals, such as Greenland, Siberia, the United States (Alaska), and the Saint Vincent Islands (Bequia) (Fielding & Kiszka, 2021; Robards & Reeves, 2011). The regulations governing the conservation of fish resources under Law No. 60/2007 in Indonesia place a significant emphasis on local wisdom. This means that traditional practices, such as whaling using spears, which are deeply rooted in the socio-historical context of the Lamalera community, can be exempted from legal restrictions. Therefore, it is crucial for the Indonesian government to specifically regulate the Lewa tradition practiced by the Lamalera community in its legislation, taking into account the socio-historical principles that underpin it as well as international conservation laws and the zoning of marine areas that serve as migration routes for marine animals. By doing so, the government can ensure that the conservation regulations in Indonesia do not overlap with the material content of the Lewa tradition and that the practice remains sustainable for future generations.
The Impact of the Lewa Tradition on Marine Resources in Lembata Waters
Whaling in Lembata waters has the potential to lead to the extinction of whale species in Indonesia, despite it being a traditional practice. The Lewa tradition, which has been carried out continuously for five years, will result in the death of 1000 whales. This translates into an annual killing of 200 whales. Globally, this number further reduces the population of whales and encourages the commercial production of whale meat as a food commodity, totaling approximately 5000 whales per year. Furthermore, when whales undergo a traumatic event during their migration, they typically respond by altering their migration paths. As a result, the whale population within Lembata waters is likely to decrease annually.
The decrease in the population of sperm whales (Physeter macrocephalus) in Lembata waters has a detrimental effect on the balance of the marine ecosystem. One possible consequence is that with fewer sperm whales, killer whales (Orcinus Orca) may shift their predatory focus to small marine animals, such as sea otters (Enhydra Lutris). In turn, this could lead to a decline in sea otter populations, resulting in an increase in sea urchin (Echinoidea) populations. This increase could destabilise seaweed areas and decrease marine carbon sequestration, which is essential in the current era of global warming. By preserving the sperm whale population, we can indirectly contribute to reducing carbon emissions and achieving development goals.
The Lewa custom of hunting whales or rays using traditional methods has impacted the destruction of marine ecosystems, despite its reliance on such practices. Implementing the socio-historical principle to activate legal exception conditions would lead to an unstable food chain pattern for marine animals in Lembata waters, which could eventually affect the ecosystem's sustainability. Currently, there is no existing marine conservation policy that regulates Lewa tradition. However, organising workshops and socialising can help to gradually change the paradigm of the Lamalera Indigenous community, transforming it into an inclusive society that cares about the environment while continuing its time-honoured practices. This approach aligns with the principle of local wisdom set forth in Law No. 60/2007 on the Conservation of Fish Resources and adheres to the cultural approach process outlined in the Decree of the Ministry and Fisheries of the Republic of Indonesia No. 79/2018 on the National Action Plan for Marine Mammal Conservation 2018-2022.
Conclusion
The Lamalera indigenous community has a whale-hunting tradition known as Lewa (Leva Nuang). This tradition symbolises courage and brotherhood in the Komodo and Solor-Lembata waters of East Nusa Tenggara Province. The Lewa tradition is traditional and forbids the use of technology such as bombs and electric shocks. Additionally, the indigenous community carefully considers the hunting area, population size, and types of whales that can be hunted. However, whaling also has a significant impact on marine ecosystems. The Lewa tradition, which has been carried out continuously for five years, has resulted in the death of 1000 whales. This means that 200 whales were killed in one year alone. The decline in whale populations damages the balance of marine ecosystems and reduces the absorption of carbon emissions into the sea. Whaling is illegal under Indonesian law, but the Lewa tradition is exempt because of its socio-historical formation as a customary heritage. To minimise the impact of whaling resulting from the Lewa tradition, the Indonesian government regularly organises workshops and socialisations for Indigenous communities to increase their knowledge of the importance of caring for marine ecosystems.
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This article is authored by Teguh Ahmad Asparill, a student of the online course of International Animal Law taught and supervised by Lu Shegay. The course was generously sponsored by the Food System Innovations.