9 Protection of Rights of Community of Bajo Tribe from the Impacts …
175
consists of several ethnic/ethnic cultures and religions, including people living in
coastal/marine areas along Southeast Sulawesi known as the Bajo tribe (Bajo people).
The existence of the Bajo people in coastal/marine areas, when associated with
the state of the phenomenon of climate change, shows us all that the conditions
that are directed will be felt directly and firstly by the coastal communities and the
Bajo people. Although knowledge of local wisdom can be used as an effort to act, the
occurrence of climate change from the consequences of global warming can no longer
be predicted using only the knowledge below since a long time ago. Local wisdom
has limited reach; so, to know accurately the effects of extreme climate change, they
must use knowledge and technology. Therefore, it has become an absolute necessity
for the state to provide assurance of the protection of the existence of the coastal
communities and Bajo tribes on the effects of extreme climate change as one of the
human rights guarantees in the field of environment that needs serious treatment.
Because, in the context of state development and community empowerment, all
activities cannot exclude environmental existence at certain points and limits. Therefore, if development and empowerment do not give serious attention to the environment and the existence of coastal communities and Bajo people, the state can be said
to have denied its loyal promise to its citizens as contained in the fourth paragraph
of the 1945 Constitution of NRI which states “… to protect all of the Indonesian
people and all of Indonesia’s bloodshed.” The relevance of the fourth paragraph
is in the view of Mattias Finger who said that the global environmental crisis as
at present is at least caused by various things, namely wrong and failed policies;
inefficient technology even tends to damage; the low level of political commitment,
ideas, and ideology that ultimately harms the environment; and actions and behavior
deviate from state actors. Mattias Finger further said that the road taken to overcome
environmental problems would be through better policy making; new and different
technologies; by strengthening political and public commitments; by creating new
ideas and ideologies that are pro-environment (green thinking); and by changing the
pattern of culture, behavior, and awareness of each individual.
Research Methods
The type of research/approach used by the author is empirical normative legal
research. Normative legal research, according to Peter Mahmud Marzuki, namely
legal research, is carried out by a legal approach (statute approach), case approach
(case approach), historical approach (historical approach), comparative approach
(comparative approach), and conceptual approach (conceptual approach). Whereas
empirical normative juridical research is done by examining library material which
is secondary data and also called library research. Empirical legal research is done
by examining the field which is the primary data.
175
consists of several ethnic/ethnic cultures and religions, including people living in
coastal/marine areas along Southeast Sulawesi known as the Bajo tribe (Bajo people).
The existence of the Bajo people in coastal/marine areas, when associated with
the state of the phenomenon of climate change, shows us all that the conditions
that are directed will be felt directly and firstly by the coastal communities and the
Bajo people. Although knowledge of local wisdom can be used as an effort to act, the
occurrence of climate change from the consequences of global warming can no longer
be predicted using only the knowledge below since a long time ago. Local wisdom
has limited reach; so, to know accurately the effects of extreme climate change, they
must use knowledge and technology. Therefore, it has become an absolute necessity
for the state to provide assurance of the protection of the existence of the coastal
communities and Bajo tribes on the effects of extreme climate change as one of the
human rights guarantees in the field of environment that needs serious treatment.
Because, in the context of state development and community empowerment, all
activities cannot exclude environmental existence at certain points and limits. Therefore, if development and empowerment do not give serious attention to the environment and the existence of coastal communities and Bajo people, the state can be said
to have denied its loyal promise to its citizens as contained in the fourth paragraph
of the 1945 Constitution of NRI which states “… to protect all of the Indonesian
people and all of Indonesia’s bloodshed.” The relevance of the fourth paragraph
is in the view of Mattias Finger who said that the global environmental crisis as
at present is at least caused by various things, namely wrong and failed policies;
inefficient technology even tends to damage; the low level of political commitment,
ideas, and ideology that ultimately harms the environment; and actions and behavior
deviate from state actors. Mattias Finger further said that the road taken to overcome
environmental problems would be through better policy making; new and different
technologies; by strengthening political and public commitments; by creating new
ideas and ideologies that are pro-environment (green thinking); and by changing the
pattern of culture, behavior, and awareness of each individual.
Research Methods
The type of research/approach used by the author is empirical normative legal
research. Normative legal research, according to Peter Mahmud Marzuki, namely
legal research, is carried out by a legal approach (statute approach), case approach
(case approach), historical approach (historical approach), comparative approach
(comparative approach), and conceptual approach (conceptual approach). Whereas
empirical normative juridical research is done by examining library material which
is secondary data and also called library research. Empirical legal research is done
by examining the field which is the primary data.