The Animate Map: Sama-Bajau Customary Sea Law System, Marine Ulayat Rights, and Sovereignty Negotiations in the Coral Triangle

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Keywords:

Sama-Bajau Customary Sea Law System, Marine Ulayat Rights, Sovereignty Negotiations, Pamali Laut, Panglima Laut

Abstract

The rapid transformation of global maritime governance has exposed profound epistemological fractures between state-centric legal regimes and indigenous customary sea law systems within the Coral Triangle. This article critically examines Sama-Bajau customary sea law, marine ulayat (customary) rights, and sovereignty negotiations, positioning maritime jurisprudence as a co-equal juridical epistemology. Drawing on multi-sited ethnographic research across Sulawesi, the Southern Philippines, and East Malaysia, the study introduces the animate map framework, which reconceptualizes the ocean as an agentic, memory-bearing, and norm-generating entity. Through a critical analysis of cosmological norms, pamali laut (preventive maritime regulations), and relational territoriality, the research demonstrates how Sama-Bajau jurisprudence operates through fluid boundaries and restorative enforcement led by the panglima laut. Findings reveal persistent tensions between national statutory frameworks (such as the Indigenous Peoples Rights Act or IPRA and Indonesian village laws) and indigenous marine tenure claims, highlighting systemic implementation gaps. By analyzing cultural diplomacy and hybrid institutional innovations, the article proposes a paradigm of relational sovereignty and functional jurisdictional pluralism. The study advocates for policy architectures that institutionalize customary agency, prioritizing ecological sustainability and epistemic equity over state hegemony.

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Published

2026-08-07

How to Cite

Yusof, N. B., Zh, M. H. R., At Thaariq, Z. Z., & Abdillah, R. I. (2026). The Animate Map: Sama-Bajau Customary Sea Law System, Marine Ulayat Rights, and Sovereignty Negotiations in the Coral Triangle. Tuah Customary Law Review, 1(1), 47–70. Retrieved from https://ejournal.tuah.or.id/index.php/tclr/article/view/77

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