Perlindungan Hukum bagi Pedagang Kecil OAP dalam Perdagangan Komoditas Lokal

Abstract

Small-scale Indigenous Papuan (OAP) traders play an important role in the local trade of commodities such as betel nuts, noken, and agricultural products. However, their trading activities are often based on informal agreements and trust-based relationships, resulting in weak contractual certainty, unequal bargaining positions, and limited legal protection when disputes or non-performance occur. This study aims to analyze the civil law protection available to small-scale OAP traders in local commodity trade and to identify the legal gap between formal civil law and local trading practices. The study employs a normative juridical method using statutory and conceptual approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively through legal interpretation, systematization, and legal argumentation. The analysis focuses on contractual principles, including freedom of contract, consensualism, good faith, and contractual justice, in relation to the socio-economic and cultural context of Papua. The study is expected to formulate a contextual and equitable model of civil law protection, including a simple contract framework that can strengthen the legal position and bargaining power of small-scale OAP traders. The findings are expected to contribute to the development of adaptive civil law and provide policy recommendations for more inclusive and sustainable local trade.