**4. Norms in regulating forest use and their social-ecological functions**

#### **4.1. Forest tenure**

In central and southeast Maluku, the customary land traditionally occupied by the *negeri* (*adat* community4 in Maluku) is called the *petuanan negeri* [22]. According to the group interviews conducted with 34 villagers from 10 of the total 11 *soa*s (patrilineal descent group) in Amanioho5 and participatory mapping, the forest area in Amanioho which covers most of the *petuanan*, is divided into more than 257 forest lots (*kaitahu*).

Each lot has a specific name based on its topographic characteristics and belongs to a certain individual or a group as shown in **Table 1**. 'Ownership' here does not mean absolute and exclusive total rights, but non-exclusive ones (I will explain later).The forest land ownership is inherited through the paternal line.

Forest lots can be classified into four categories as shown in **Table 2**. In collective forest such as *lohuno, soa* and kin-group forest, members of the ownership group can use their forests by turn with an interval of several years while the forest is closed by the imposition of *seli kaitahu* for hunting and trapping.

<sup>4</sup> The *adat* community is a traditional community bound together in an association, having *adat* institutions, a customary law that is still adhered to, a territory defined by the customary law, and existence affirmed by the community itself, together with the government.

<sup>5</sup> Villagers from a *soa* (*Ilela poto*), where there is a total of 11 *soa*s, who recently immigrated from the neighbouring community do not own *kaitahu* within the territory of Amanioho. Therefore, these people were not involved in the group interviews.



**Code** Etalo

E1 E2 E3 E4 E5 E6 E7 E8 E9 E10 E11 E12 E13 E14 E15 E16 E17 E18 E19 E20

Manusela Ana

KS

16

KM

A53

Tiapohuhu

KK

5

KM

Ms25

Milisoi

KK

4

KM

Enamasaie

KK

3

KM

A52

Wasa (2)†

KK

5

KM

Ms24

Pulatamu

KK

4

KM

Halule

KK

3

KM

A51

Ilawa Haha†

KK

5

KM

Ms23

Mananeu

KP

1

KM

Haha

Lehae

KK

3

KM

A50

Lia Fali-fali†

KK

5

KM

Ms22

Iteli

KK

2

KM

Liahaulu Ana

Dis

?

Dis

A49

Aimoto

KK

4

KM

Ms21

Hiauana†

KP

1

KM

Halulohu Tapu

KP

1

KH

A48

Selwolina

KK

2

KT

Ms20

Haturaohi†

KP

1

KM

Patate

KP

1

KH

A47

Akalou Totua

KK

3

KM

Ms19

Limilohu

KP

1

KM

(Panaula)

Salapika

KP

1

KM

A46

Mutula (1)

KP

1

KNN

Ms18

Hatu Totoloe

KK

4

KM

Liapihitan

KS

16

KT

A45

Malaka Sisa

KK

3

KM

Ms17

Foutihua

KK

3

KM

Liamumusi

KP

1

KM

A44

Aimakata

KK

2

KM

Ms16

Malilu Mata

KK

3

KM

Sesu Meleka

Mapaue

KS

16

KM

A43

Ulihari

KK

2

KM

Ms15

Atamana Sana

 KK

3

KM

Silahata

KS

16

KF

A42

Wae Uhu

KK

5

KKa

Ms14

Haluhata

KK

3

KM

Uhue†

Kasife

KK

2

KH

A41

Aiumehari

KK

8

KM

Ms13

Kokania (2)

KK

3

KM

Sahua

KP

1

KF

A40

Lehahari

KK

4

KM

Ms12

Silahutu

KK

3

KM

Liapoto

KS

16

KM

A39

Lialaitu

KP

1

KM

Ms11

Wekela

KK

3

KM

Haluhari

KS

16

KM

A38

Ulenokawa

KK

2

KM

Ms9

Hathuni

KK

3

KM

Kaipu

KK

6

KH

A37

Omasu

KS

11

KTu

Ms8

Omakopa

KK

3

KM

Aimusunuhata

KK

6

KH

A36

Topokosu

KS

3

KTu

Ms7

Marilakahata

KP

1

KM

Kukutotui

KS

16

KM

A35

Sinuhapoto

KK

5

KM

Ms6

Masalaikesu

KK

2

KNN

Halulohu

KK

6

KH

A34

Teneha

KK

5

KM

Ms5

Anania

KP

1

KM

**Name**

**TS2**

**HN3**

**ITH4**

**Code**

A33

Mamuhona

KP

1

KH

Ms4

Sotitai

KP

1

KNN

86 Indigenous People

**Name5**

**TS**

**HN**

**ITH**

**Code**

**Name**

**TS**

**HN**

**ITH**

#### Indigenous Resource Management Practices and the Local Social-Cultural Context: An Insight... http://dx.doi.org/10.5772/intechopen.70104 87



**Code**

E40 E41 E42 E43 E44 E45 E46 E47 E48

Luku Luku

KK

2

KM

A81

Kesitamu

KK

3

KM

La2

Asauhari

KS

3

KM

Humani

E49 E50 E51 E52 E53 E54 E55 Amanukuany

A1 A2

Soa

KP

1

KM

A91

Kakopi Hari

KK

3

KM

Eyale

Wasa (1)

KP

1

KM

A90

Alaina Hari

KP

1

KNN

La11

Tululuti†

KS

3

KM

Sama Sama Lea

KK

2

KM

A88 A89

Wae Kasusu

KK

3

KM

La10

Liaholu

KP

1

KNN

Hata

Hatu Koho

KK

4

KF

La9

Malilihu

KP

1

KM

Makalasina

KK

2

KM

A87

Likino Hata

KK

8

KM

La8

Haimama (2)

KP

1

KM

Walala Ana

KK

2

KM

A86

Palaloha

KK

8

KM

La7

Totulai

KS

3

KM

Pahuhi Tapu

KK

2

KM

A85

Hakialelohu

KK

3

KM

La6

Hinehali

KS

3

KM

Kailoloula

KK

2

KM

A84

Mileu Poto

KP

1

KM

La5

Mahuaininue

KP

1

KM

Manuolea

KK

2

KM

A83

Uamota Hata

KK

3

KM

La4

Mosohaa

KP

1

KM

Kileke

KK

2

KM

A82

Kinuehata

KK

3

KM

La3

Holu

KS

3

KF

Sinapulounia

KK

2

KM

A80

Mileu Kori

KK

5

KH

La1

Koatotu

KL

6

KT

Tupe

Manualo

KK

2

KM

A79

Wekela (1)

KP

1

KM

Latumutuany

Lekamahua

KK

2

KM

A78

Keilekesana

KS

3

KM

I14

Manu Wai

KP

1

KM

Hora†

Kete-kete†

Lumsiwa

KK

2

KM

A77

Aimakasana†

KS

3

KM

I13

Funasi

KP

1

KM

Limanani

Pupuhutu

KK

2

KM

A76

Korie Waihitu

KS

11

KM

I12

Lekamahua (2)

 KP

1

KM

Matapulaue†

KK

2

KM

A75

Taumusunue

KS

11

KM

I11

Tanahai

KP

1

KM

?†

KS

16

KM

A74

Kalae

KK

8

KM

I10

Makola Hutu†

 KP

1

KM

Pola-pola

?†

KS

16

KM

A73

Hatusuha

KK

3

?

I9

Ihisi Poto

KP

1

KM

88 Indigenous People

**Name**

**TS2**

**HN3**

**ITH4**

**Code**

**Name5**

**TS**

**HN**

**ITH**

**Code**

**Name**

**TS**

**HN**

**ITH**


Note 5: Forest lots with the mark "†" have been not used for more than 20 years because these forests were thought of as a place in which evil natural spirits have been dwelling or the person who imposed *seli kaitahu* on the forest immigrated outside the village without removing the ban.

**Table 1.** List of *Kaitahus* in Amanioho1.


Source: Field research.

Note 1: Besides forest lots listed up in the table, there were three village forests owned communally by all the villagers and a village Church forest owned by village church. These forests are *Agathis damara*—dominated forest which have been maintained for the resin extraction.

Note 2: 'Discrepant' stands for the forest lots are those with disputed tenure status.

**Table 2.** Forest lot categories.

Each collective forest has a custodian, *maka saka*. *Maka saka* is a person who is expected to coordinate forest use. He is also regarded as a person who has deep understanding of the history of forest rights inheritance and transfer and is eligible to talk about the history. Others strongly avoid talking about the history of inheritance and transfer of forest rights since the locals believe that if their account is not correct, it will arouse the anger of ancestor spirits and hasten their death.

As **Table 3** illustrates, the forest is classified into eight categories based on the history of forest rights inheritance and transfer.

The *maka saka* (custodian of *kaitahu*) and *kaitahu kua* of a private forest leave *itinau*, a message concerning how the *kaitahu* should be inherited and who should inherit it when they become


Source: Field research.

**Code**

A24 A25 A26 A27

Kasusumauhata

KK

2

KM

My6

Tifu

Dis

?

Dis

P2

Kahaka

KS

1

KNN

(2)

A28

Nasa Hata Hatae

KK

8

KM

My7

Lemai

KK

4

KT

P3 P4

Sihite

KS

1

KM

Masilah

KS

1

KNN

(1)

A29 A30 A31 A32

Pahita Sia Tue

KK

5

KKa

Ms3

Haimama (1)

KP Note 1: This list is based on the results of four group interviews (total number of participants was 34 persons) held in July 2003. The *kaitahu* owned by villagers who

Note 2: TS is a category of the *kaitahu* according to the scale of the *kaitahu kua* and their numbers. The meanings of the abbreviations are as follows: KL: *Lohuno* forest, KS:

*soa* forest, KK: kin-group forest, KP: private forest, Dis: the forest lots, the recognition of whose tenure status was discrepant, and Un: Forest, whose tenure status is unclear

Note 4: ITH is a forest lot category according to forest rights inheritance and transfer history. The meanings of the abbreviations are as follows: KM: *kaitahu mutuani*, KNN:

*kaitahu nahunahui*, Kka: *kaitahu katupeu*, KH: *kaitahu helia*, KF: *kaitahu fununui*, KT: *kaitahu tohutohu*, KR: *kaitahu rela*, KTu: *kaitahu tukar* (for information on folk category of

the *kaitahu*, see Table 3). 'Dis' and 'Un' stand for the forest whose recognition of tenure status is discrepant and the forest whose tenure status is unclear because I could

Forest lots with the mark "†" have been not used for more than 20 years because these forests were thought of as a place in which evil natural spirits have been

dwelling or the person who imposed *seli kaitahu* on the forest immigrated outside the village without removing the ban.

immigrated temporarily to the coastal areas is not listed in the Table 1. indicates lack of data.

because I could not interview the *kaitahu kua*.

Note 3: HN is the number of households composing the *kaitahu kua*.

not interview the *kaitahu kua*.

Note 5: **Table 1.**

List of *Kaitahus* in Amanioho1

.

1

KM

tue (2)

Source: Field research (July 2003).

Tihulatan

KK

5

KT

Ms2

Waeseina

KK

2

KNN

P6

Mararoi Haha†

 KS

1

KM

Notaharie

KK

4

KT

Ms1

Amanihaha

KK

2

KM

P5

Wahau Potoa

KS

1

KM

Nasae

KK

5

KM

Masauna

Tehio

KK

8

KF

My5

Mamara

KL

13

KNN

P1

Luhehata

KS

1

KNN

Aipaki

KK

2

KNN

My4

Marohata

KS

7

KM

Paai

Maliluhata

KK

2

KM

My3

Atauhu

KS

7

KT

Mh8

Hatu Koho

KS

2

KM

90 Indigenous People

**Name**

**TS2**

**HN3**

**ITH4**

**Code**

**Name5**

**TS**

**HN**

**ITH**

**Code**

**Name**

**TS**

**HN**

**ITH**

Note: Of the 257 forest lots that were listed in the field research, the tenure of 1 remained unclear because we were not able to interview the ownership group, and five forest lots had disputed status.

**Table 3.** Forest lot categories according to forest rights inheritance and transfer history.


**Table 4.** Nonexclusive forest use.

aware that they are approaching their time of death. In the case that the *maka saka* or the *kaitahu kua* of a private forest cannot leave an *itinau* because of sudden death, it is regarded as appropriate that the *kaitahu* is inherited by the owner's male descendants (son or nephews). *Itinau* is not only a message to people who live in the real world but also a message or declaration to the ancestors (*mutuaila*). When forest rights are transferred from one *kaitahu kua* to another for reasons such as the forest is gifted or offered as *kaitahu nahuhahui* or *kaitahu helia*, the *maka saka* or *kaitahu kua* announce to *mutuaila* in a ritual who the *kaitahu* is transferred to and for what reason.

#### **4.2. Non-exclusive forest use**

Villagers can conduct hunting or trapping in the forest they do not own if they obtain permission from the owner. If a forest owner is asked to allow someone to use his forest, he seldom rejects such requests because such rejection is considered shameful. Such feeling is locally called *mukae*. Furthermore, the owner may receive retributive misfortunes from the ancestor spirits, such as causing his hunting and trapping to fail, or making him or his family to fall ill [21]. If the forest is under *seli kaitahu*, however, the owner can ask the requester to refrain from using the forest for the time being; this gentle rejection is socially acceptable. Rights to forests thus do not involve exclusive total ownership restricted to non-right holders.

**Table 4** shows the results of the one-to-one interviews on forest use. Among 59 households I interviewed, 40 households (68%) engaged in hunting and trapping in their own forests, and 14 households (35%) used the forest of others. The results of the research on the history of forest use indicate that most people frequently used the forest of others because they did not have their own forest (**Table 5**). Among14 households who used the forest of others, three households conducted hunting and trapping in forests owned by distantly related relatives or nonrelatives. The others (11 households) used forest owned by relatives who were tied by blood relationships to the maternal line or other conjugal relationships.

#### **4.3.** *Seli kaitahu***: a temporary ban on hunting and trapping**

When the number of cuscus, Celebes wild boar and Timor deer trapped or hunted declines, a temporary ban on hunting and trapping, *seli kaitahu*, is imposed to make the numbers recover. All traps are removed from the forest, and a sign is set up made of stakes of wood. This is locally called *seli amu holu holu*. It is an object that supernatural argents such as *sira tana*, *awa*  and ancestors' spirits, *mutuaila*, are drawn or summoned to temporarily.

After setting up the *seli amu holu holu*, the person who imposes the *seli kaitahu* lays tobacco as offerings at the base of the sign and calls the spirits by murmuring their names. He informs them of the imposition of *seli kaitahu* and asks them not to give game animals to anyone who enters the forest to hunt in violation of the *seli kaitahu* (**Figure 6**). In this ritual, he also prays for any violator to receive misfortune and for the game populations to recover.


Source: Field research.

aware that they are approaching their time of death. In the case that the *maka saka* or the *kaitahu kua* of a private forest cannot leave an *itinau* because of sudden death, it is regarded as appropriate that the *kaitahu* is inherited by the owner's male descendants (son or nephews). *Itinau* is not only a message to people who live in the real world but also a message or declaration to the ancestors (*mutuaila*). When forest rights are transferred from one *kaitahu kua* to another for reasons such as the forest is gifted or offered as *kaitahu nahuhahui* or *kaitahu helia*, the *maka saka* or *kaitahu kua* announce to *mutuaila* in a ritual who the *kaitahu* is transferred to and for what reason.

**Number Percentage**

Villagers can conduct hunting or trapping in the forest they do not own if they obtain permission from the owner. If a forest owner is asked to allow someone to use his forest, he seldom rejects such requests because such rejection is considered shameful. Such feeling is locally called *mukae*. Furthermore, the owner may receive retributive misfortunes from the ancestor spirits, such as causing his hunting and trapping to fail, or making him or his family to fall ill [21]. If the forest is under *seli kaitahu*, however, the owner can ask the requester to refrain from using the forest for the time being; this gentle rejection is socially acceptable. Rights to forests

thus do not involve exclusive total ownership restricted to non-right holders.

**4.2. Non-exclusive forest use**

Source: Field research.

**Table 4.** Nonexclusive forest use.

**Households using only their own forest**

92 Indigenous People

**Households using only the forest of others**

Kin-group forest 10 *Soa* forest 7 Private forest 6 Kin-group forest and private forest 1 *Lohuno* forest and *soa* forest 1 *Soa* forest and kin-group forest 1

Private forest 5 Kin-group forest 4 *Soa* forest 3

Their own kin-group forest and the *soa* forest of others 1 Their own *soa* forest and the private forest of others 1

**Total 40**

**Households using their own forest and the forest of others**

Subtotal 26 59

Subtotal 12 27

Subtotal 2 5

Note 1: Forest tenure index is defined as Σ(1/number of households composing a forest ownership group). Note 2: Households that had used others' forest for the past 10 years (+); households that had never used others' forest (-).

**Table 5.** Differences in the scale of forest tenure.

**Figure 6.** A man who conducts a ritual to impose *seli kaitahu*.

After the ritual is completed, nobody including the person who imposed the *seli kaitahu* and the forest owner can trap or hunt in that area until the populations of forest games recover. That if one violates *seli kaitahu*, he or his family members will surely meet with misfortune such as falling from a tree, getting injured with a machete, suffering from illness, and so on, because of the sanctions imposed by the spirits.

Several years later, the person who wants to use the forest for trapping or hunting and/or imposed the *seli kaitahu* visits the area to judge if the game resources have recovered based on the number of animal tracks, droppings and feeding marks. If the number of game animals


Source: Field research.

Note: 'Discrepant' stands for the forest lots that are those with disputed tenure status.

**Table 6.** Forest lots closed by the imposition of *seli kaitahu*.

Indigenous Resource Management Practices and the Local Social-Cultural Context: An Insight... http://dx.doi.org/10.5772/intechopen.70104 95

After the ritual is completed, nobody including the person who imposed the *seli kaitahu* and the forest owner can trap or hunt in that area until the populations of forest games recover. That if one violates *seli kaitahu*, he or his family members will surely meet with misfortune such as falling from a tree, getting injured with a machete, suffering from illness, and so on,

Several years later, the person who wants to use the forest for trapping or hunting and/or imposed the *seli kaitahu* visits the area to judge if the game resources have recovered based on the number of animal tracks, droppings and feeding marks. If the number of game animals

**forest**

1 12 13 14 0 40 16%

0 3 0 0 0 3 1%

Forest under ban 7 32 111 48 5 203 79%

Unknown 0 1 9 1 0 11 4% **Total 8 48 133 63 5 257 100%**

Note: 'Discrepant' stands for the forest lots that are those with disputed tenure status.

**Private forest Discrepant Total**

because of the sanctions imposed by the spirits.

**Tenure form** *Lohuno* **forest** *Soa* **forest Kin-group** 

**Table 6.** Forest lots closed by the imposition of *seli kaitahu*.

Forest used as a trapping/hunting site

94 Indigenous People

Forest not used and not subject to the ban

Source: Field research.

**Figure 6.** A man who conducts a ritual to impose *seli kaitahu*.

**Figure 7.** Forest lots used for hunting and trapping in Amanioho territory. Source: Field research. Note 1: The map of *kaitahu* was drawn through participatory mapping (number of participants: 34 persons) in July 2003. In this study, Sasaoka prepared large blank maps in which the locations of mountains and rivers were written based on the original map created by the Nederland's (Schtskaart van Ceram Blad VIII, Topografische Inrichting, Batavia 1922). In the participatory mapping, informants wrote the location of each *kaitahu* on a blank map through a group discussion. *Kaitahu* owned by villagers who immigrated temporarily to the coastal areas were not written on the map. Note 2: Alphabets in the codes on the map (e.g. A27) represent soas (patrilineal descent groups) to which *kaitahu kua* (owners/right holder groups) belongs (E: Etalo, A: Amanukuany, Li: Lilihata, My: Maloy, Ms: Masauna, I: Ilela, La: Latumutuany, Ey: Eyale, Mh: Mahua, P: Paai). Mar stands for *kaitahu* owned by the villagers of the adjoining village. Note 3: N is *kaitahu* owned by the village. N1 and N2 are forests having old graveyards. N3 is regarded as a tabooed forest where the villagers are prohibited to enter, because there was a hamlet and many people died there a long time ago. N2 are forests having old graveyards. N3 is regarded as a tabooed forest where the villagers are prohibited to enter, because there was a hamlet and many people died there a long time ago.

seems to have recovered, the *seli kaitahu* is lifted through praying to the spirits in front of *seli amu holu holu*, and trapping/hunting is reopened.

As **Table 6** and **Figure 7** indicate, almost 80% of total forest lots (203 out of 257 lots) were closed by the prohibition of *seli kaitahu* at the time I collected the data. Forty forest lots were used as hunting and/or trapping grounds at that time. Among the forest lots under *seli kaitahu* ban, 34 lots had been closed entirely for more than 20 years. These areas appear to be functioning as de facto sanctuaries. In most cases, these long prohibitions were based on the belief that there are evil spirits who try to bring misfortune to hunters in the forest.
