|Title||Aneka ragam pengaturan sekuritas sosial : di bekas kerajaan berru Sulawesi Selatan, Indonesia = Pluriformiteit en sociale zekerheidsarrangementen : in het voormalige vorstendom Berru in Zuid Sulawesi, Indonesie|
|Source||Agricultural University. Promotor(en): F. von Benda-Beckmann; T.O. Ihromi. - S.l. : Tang - ISBN 9789054855941 - 190|
Law and Governance
|Publication type||Dissertation, internally prepared|
|Keyword(s)||sociale wetgeving - sociaal beleid - sociale verzekering - sociale zekerheid - plattelandsgemeenschappen - celebes - social legislation - social policy - social insurance - social security - rural communities - sulawesi|
This study is aimed at providing an analytical description of the forms of social security and legal pluralism in villages of South Sulawesi. In the villages in South Sulawesi there is a plurality of mechanisms and institutions where an individual is entitled to or has the duty to provide social security. Those mechanisms and institutions are structured by the normative system based on adat, religious law and all kinds of governmental regulations. The themes of social security and legal pluralism drew my attention becouse none of the research cerried out focused on these problematics. In this review, the social relationship in which people are entitled to social security or have the duty to provide social security, will be closer examined. Using a legal anthropological approach, the examination of the norms, rules, laws, adat or whatever the people call it, that are supposed to regulate the above mentioned social relationship will be investigated. Research in Dutch libraries in the period September 1988 till June 1989 was helpful to formulate and adapt my research plan. Empirical data were collected during my fieldwork from September till August 1990. 1 also had the opportunity to visit the field of research several times during 1995, in order to check recent developments, after I had left it for a couple of years. As for the method of approach, I can report that the method I used during my fieldwork is that of observation and participation. This research was carried out as part of the Programme of Indonesian Studies,
I conducted my fieldwork in Madello, a village that has existed for a long time in the area of the former kingdom of Berru. Madello is the border area between the kingdom of Berru and Soppeng Riaja. The area of this village consists of hills and lowland. The hills are partly covered with woods while the other part is covered with ladangs (dry ricefields). All the lowlands have been made into paddy fields, fish ponds and housing areas which are situated along the beach.
In daily life inhabitant of Madello behave according to a fixed pattern of behaviour when they find themselves in situations where they are entitled to aid and care (social security) or where they have the duty to provide aid and care as individuals and/or groupwise. Chapter I contains an explanation of the concept of that social security, the approach and the method used in this study. The next chapter is a general description of the Buginese society in the villages of South Sulawesi. The subjects of discussion that form the core of this book are three chapters: an analytical description of the aid in the production process (Chapter III); the co-operation in carrying out ceremonies/celebration during one's life cycles (Chapter IV); and aid or care for specific social categories: the aged, widows and widowers, the sick and the poor in general (Chapter V). The last chapter contains the conclusion which comprises a general summary.
In the past only the nobility and their assistants gave the orders in the area of Berru and they owned almost all good rice-fields. Under those circumstances there was nothing else left for the people of the remaining class but to become sharecroppers and to get access to small pieces of land to till or to own by having a good relationship with the king or the other noblemen that were in power or by having good relationships with the person who was replacing the king and who was the head of the village or patron to the people. At present being a wealthy man does not depend on the social class. This means that many people who belong to the class of the commoners and even to the class of descendants of slaves, are wealthy and have followers, while on the other hand many descendants of the nobility have only restricted means of income and no followers.
In the period when I was doing my fieldwork in Madello, society was still divided into the class of nobility, good people (Tau Deceng) and the group of common people (Tau Maradeka). There were also former slaves (Ata) or their descendants, who considered themselves free and equal to the people who belonged to the Tau Maradeka. Nevertheless, the nobility and the wealthy people were still the ones who advised and directed the former slaves and their descendants.
The nobility existed of families who were closely related, while the other class existed of groups of families. In their social relationships the people of Madello specify between close relatives, distant relatives and other people. In addition, people who are no kin may be regarded as family or very close friends. Apart from this, there are the relations between neighbours, between the villagers and patron-clients.
The people of the kingdom of Berru officially follow the teachings of Islam since the beginning of the 17th century (1606), but even at the beginning of the 20th century the syari'ah (Islamic law) is still dominated by adat (Brautigham 1913). At the present moment the people of Madello are in general followers of the Islam. Nevertheless, next to the syaria'h, daily life is greatly influenced by adat, which may be observed in the carrying out of the ceremonies/celebrations of people's life cycle, and also in the way people are carrying out their alms-tax (zakat fitrah).
In the production process, the farmer needs all sorts of help. During the phase of preparing the soil for planting, they need help to do the plowing and harrowing, also at the time of planting and harvesting. In former days this work force came from family members, between the villagers, or from neighbours. Nowadays, because of improved ways of transportation, people may rely on help from members of the family staying outside the kampung or even in another area.
Ever since people are planting Paritas Baru (new varieties), money is needed to hire a tractor in order not to waste time. For the planting, people still have to rely on the help of family and neighbours, who either help on voluntary basis or take turns in helping. Both these kinds of aid are based on reciprocity. Voluntary help is based on postponed reciprocity: the farmer who gets help from a fisherman or a jobless neighbour has the duty to pay them back in kind when the harvest is done. The people who give help while taking turns, are entitled to be paid back at the moment of planting.
The rich fanners who nowadays pay their wage-labours for doing the planting, on the one hand feel that they are under no obligation to give extra wage to people who did not help them, but they are still bound to the moral duty to give charity on voluntary basis because of humanitarian reasons (cenning ati), because of obligations to their family (pabbere), or on religious grounds ( zakat,sedekah).
Agriculture in Madello still depends on rain fall (sawah tadah hujan) and people plant only once a year. Since the introduction of PB it may be said that there is no shortage of food throughout the year. Even so, when it is time to prepare the fields for planting, there is still the difficulty of having no funds to pay for a tractor, to pay for the costs of planting, to buy fertilizer, to buy insecticides etc. In former days a lack of funds like this might be covered with the help of members of the family or a patron, whose help was either a gift or a loan without the obligation of paying interest. At present, fanners may not rely on either of these sources of help anymore. That is why they have to go to local money lenders who offer them a loan against a high rate of interests. It even may be that the local money lender is a member of their own family or the owner of the land they are working. Ideally speaking, the Koperasi Unit Desa (Village Cooperative) should play the role of wholesale buyer, but it became clear that only the rich farmers and local money lenders were able to benefit from KUD, because they were the ones who were able to pay cash for the goods offered by KUD.
In the frame of carrying out ceremonies/celebrations in the life cycle of people, the co- operation between members of a family, neighbours and the villagers is still playing an important role at the present time. All kinds of help that may be expected by the people who carry out the ceremony/celebration may be received through the mechanism of "helping each other at the occasion of the ceremony/celebration" (siturungi). Help may be received in the form of work force, food or money. Food and also money received from close relatives is considered "a voluntary gift" (pabbere), while help or support from distant relatives and other people is considered "support that is a debt" (passolo) which has to be reciprocated at the first opportunity. Different from pabbere, passolo can only be expected on the basis of reciprocity. However, it is not necessary to return the help in the same form. So, diligent people who give help in the form of labour, may be rewarded by some extra wage at harvesting time but also by something entirely different. Next to the principle of reciprocity which is based on adat, there is also the principle or duty of religion: " to be present when invited ".
In the set of social relationships providing care for the aged, widows and the sick, close relatives still play an important role. Nevertheless, in some cases a gap has appeared between the expectations of parents of old age and the care that is given to them by their children/children-in- law. I believe that it is therefore necessary that an alternative institutional arrangement should be created, either by the government or by a religious organisation in the frame of taking over from members of family who are inclined to forsake their duty towards their parents. Ever since the 1980s, government already started different projects of social help for a specific category of people: the aged, widows, orphans and so on, although it is necessary that the quality as well as the quantity of those projects should be raised in standard. Sufficient aid in the form of social services and care for the sick is already available.
For the organisation of several activities in the frame of social welfare, government has issued regulation or the duties of society in a "Proclamation on Social Welfare", in order to tackle the problems in co-operation with the government. It is neccesary however, to stress the social and religious duties of persons and their role as members of that family. If need be, with clear sanctions regarding their indifference towards those duties. It is also necessary that religious teachers stress those duties in their sermons or through religious discussions.
Apart from the already mentioned mechanisms and institutions, the role of religious institutions should be mentioned (zakat) in the frame of helping the aged, the widows and orphans and other social categories. Theoretically, the zakat is a source of help of great potential value. In practice, the (zakat fitrah). is in general really making people give a zakat to the social category that is entitled to it on religious grounds. Even so, redistribution of the zakat to the poor and destitute is done without taking notice of the fact that there are gradations in people's welfare. The help people are usually receiving is support in the form of food (rice) in very restricted quantities.
The case of South Sulawesi shows that the government's concern regarding the management of the zakat that has been gathered by the mosque officials or directly deducted from the salary of government officials, does not result in a negative influence on the duty to give the zakat in order to fulfill one's social and religious duty. So, goverment's efforts to stress people's religious duties is positive and it is to be hoped that it will provide another source of help for the poor and distressed. But up to now, there are only two or three religious teachers who have received the redistribution from the Badan Amal, Zakat, Infaq and Sadakah (BAZIS). However those who have received it, are satisfied. One among them confessed that he has already received the sum of Rp. 305,000 (which is about the same as thousand litres of rice). For how long they will be receiving it, is not known. Actually speaking, it is much better when the government is also managing the zakat mal, because this is the religious duty that is insuffiently adhered to by the majority of people in the Islamic world. The zakat mal has a far greater potential when compared to the (zakat fitrah).