THE
DYNAMICS OF LAW AND CULTURE INTERACTION �IN
SUPPORTING LOCAL ECONOMIC GROWTH: AN ETHNOGRAPHIC ANALYSIS
OF INDIGENOUS COMMUNITIES IN PAPUA
Praditya
Amalia Shofa
Universitas Indonesia, Depok, Indonesia
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ABSTRACT
The government has made efforts to realize
prosperity for all Indonesian people, including indigenous Papuans. Local culture
plays a key role in shaping consumer preferences, patterns of business
behavior, and the use of economic resources, which are important in designing
economic development strategies that match the values and needs of local
communities. The purpose of this study is to determine and analyze the dynamics
of legal and cultural interactions in supporting local economic growth in
Papuan society. The research method uses a literature study method with a
qualitative approach. The data collection technique involves searching,
collecting, and reading various literature sources. Data were analyzed in three
stages, namely data reduction, data presentation and conclusion drawing. The
results show that the interaction between law and culture is crucial in supporting
local economic growth in indigenous Papuan communities, with cultural values,
traditions and social norms playing an important role in shaping local economic
practices. The complexity in the interaction between Papuan customary law and
formal state law highlights the challenges and opportunities in achieving
harmony between the two to advance local economic growth. This research has
implications for the importance of integration between state law and Papuan
customary law in efforts to promote sustainable local economic growth. Thus,
the resulting policies can be more effective in accommodating local economic
interests without overriding existing local wisdom, so as to achieve a balance
between economic development and cultural preservation.
Keywords: Local
Economy, Economic Law, Papua.
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Corresponding Author: Praditya
Amalia Shofa
E-mail: [email protected]
INTRODUCTION
The government needs to continuously carry out efforts
in the context of Indonesia's development to achieve the nation's ideals,
namely, realizing the welfare of all Indonesian people (Huda, 2020). The economic view is more of a step in thinking
about the meaning of development and welfare. A developing area is an area with
a high economic level, as evidenced by various tall buildings, shopping places,
and luxury vehicles (Abdillah et al., 2024).
Indonesia, which is recognized as a country with many
islands, has a variety of customs and cultures that give birth to various
things with high economic potential. Indonesia is expected to have a concept of
legal protection for all Indonesian people. The importance of this is to
increase economic value and work together to achieve the country's goals for
the welfare of the people (Disemadi, 2019). To realize this welfare, various regional economic
developments are needed. Local economic development is an activity of the local
government and its people to manage existing resources (Basyuni et al., 2024). The local government and its people build
relationships by working together to open up employment opportunities and grow
the region's economic potential (Almuhim &
Habibullah, 2023).
In Indonesia, regions can improve their development
because they are supported by Law No. 6/2014 on Villages. The policy explains
that there are two keys to conducting village development, namely, building
villages and developing villages. Beyond this, the welfare program of the
village people is the main focus in presenting the policy. It is used as a
manifestation of the village to build independence. This independence is shown
by the increase in the local economy, which improves the quality of life of the
local people (Haridison et al.,
2022). The importance of local economic development is as an
effort to strengthen the competitiveness of the local economy in improving the
regional economy; in the plan, the local government and local people need to
work together in supporting the availability of jobs to help improve the
nation's economy, especially in developing the potential of the region (Rozikin & Haris,
2021).
Indonesia has a vast territory and diverse customs and
cultures. One of the many regions in Indonesia is Papua. Papua has four
provinces, and it was expanded to four new provinces. Previously, there were
only two provinces: Jayapura City and West Papua, with the capital in Manokwari
City. Papua is a large area in Indonesia, and it is diverse and still adheres
to various customary laws and traditions without any outside interference (Merina & Muhaimin,
2023).
Thus, the importance of local economic development,
including in Papua, not only includes aspects of economic growth but is also
key to reducing socio-economic disparities, increasing regional economic
independence, and strengthening the economic sovereignty of a region. In Papua,
which is rich in natural resources, local economic development enables the
sustainable utilization of natural potential while empowering local communities
to be actively involved in the economic process. It can create jobs, stimulate
the growth of small and medium enterprises, and strengthen basic infrastructure
and public services, ultimately improving the overall quality of life and
welfare of the Papuan people. By prioritizing local economic development, Papua
can build a firmer foundation for sustainable, equitable and inclusive economic
growth while maintaining the region's unique cultural and environmental
diversity.
Previous research conducted by (S. Sidiq, 2023) explained that legal and economic links can get a
complicated relationship and affect each other. The right economic policy helps
economic activity and supports an efficient business environment. Policy
development is present in the existing economic changes. Policies must be able
to adjust to various economic developments. Good policies can influence various
economic developments. Existing policies need to be implemented and measured
accurately to protect the rights of economic actors and create maximum economic
development.
Research into the dynamics of the interaction between
law and culture in supporting local economic growth, with a particular focus on
ethnographic analysis of indigenous communities in Papua, offers an innovative
approach to understanding the factors that influence local economies in the
region. The novelty of this research lies in the ethnographic approach that
allows for an in-depth investigation of the cultural values, traditions, and
customary legal systems that provide the foundation for the economic practices
of local communities. The main objective of this research is to understand how
the interaction between law and culture shapes local economic patterns and
identify ways in which these factors can be encouraged to support inclusive and
sustainable economic growth in Papua. As such, this research has great
potential to provide valuable insights for policymakers, academics, and
practitioners interested in local economic development based on Papua's unique
cultural and legal context.
METHOD
This research uses
a literature review method with a qualitative approach. A literature review is
a framework that deals with various new research results in analyzing various
potential advances in research results related to a topic where there are research
questions and the process of analyzing related literature (Sumartiningsih &
Prasetyo, 2019). Meanwhile, qualitative is defined as looking for
meanings, concepts, and even meanings in a factual event by prioritizing the
quality of the data presented (U. Sidiq et al., 2019). The data collection technique used in this study is
literature. This literature study process includes searching, collecting, and
reading various sources related to the topic discussed. The data sources are
collected and then analyzed in three stages: data reduction, data presentation
and conclusion drawing.
RESULTS AND DISCUSSION
Indonesia is a culturally diverse country that has experienced vastly
different social and cultural developments in recent years. These changes
include social norms, cultural values, and traditional practices in local
communities. Changes that affect various aspects of life also encourage changes
in the legal aspect (Lauren,
2023). Law plays an important role
in shaping relationships that encourage sustainable economic development in
Indonesia. The existence of various legal regulations that create various bases
in every activity can help in the investment process and various innovations in
aspects that have the potential to work together in increasing economic
development. The function of law is crucial to assist in providing legal
protection for all business owners, including investors, business owners, and
employees, in creating an efficient business environment (Sihombing,
2024).
There is a need for law to regulate economic activities because if it is
not limited to one party and has no restrictions in providing the needs of the
other party, various problems will often occur. The importance of law in the
nation's economic development needs to be focused on. Itt can be seen from the
existing legal situation that if it is good, then economic development is also
good (Thamrin,
2023). Law and economics are two
things that have a relationship and mutual influence on all social and business
activities. Law is a collection of several policies that are binding on
society. At the same time, the economy is related to the production, distribution,
and consumption of goods and services in the economic system. Law and economics
are important to research because economic development needs to be a goal that
needs to be achieved. The link between law and economics can be seen in all
areas of community life. Economic policies and clear rules help create business
stability and protect buyers' rights, allowing the ultimate goal of promoting
sustainable economic growth to be achieved (S.
Sidiq, 2023).
In order to create a conducive economic atmosphere, there needs to be a
clear policy that does not override the various rules and social justice. After
determining the position of economic law in a country, it is also necessary to
link it with policies related to the state's goals in the welfare of the people
(Atmaja,
2021). Law and economics have a good
relationship, especially with regard to the economic aspects of companies in
which there are business actors (Fachrodin,
2019).
In addition to written regulations, local laws that apply in the
community are related to natural resource management, which are empirical
matters that exist. Indonesia, with the motto "Bhineka Tunggal Ika",
has diverse natural and cultural resources (Ambarini
& Hatikasari, 2022).This cultural diversity comes
from a plural society of various ethnic groups in the archipelago. Culture has
an important role in today's economy and is recognized by economists as a
useful tool in development. To understand how culture affects the economy, it
is important to understand the cultural values and norms that influence
individuals and their economic activities. Development, as a cultural process,
is believed to involve a set of cultural values shared by individuals,
communities, nations and countries.
One way to increase state revenue is to improve the welfare of the people
in each region. Local economic development is one strategy to equalize welfare
by utilizing local potential (Prabowo
& Pamurti, 2021). Improving social welfare is
carried out through the Local Economic Development (PEL) approach, a
collaborative process involving the community, government, and private sector
to develop and implement development programs. Through PEL, the local potential
of an area is utilized to encourage economic activity and job creation (Mandhaputri
et al., 2023).
Local Economic Development (LED) is considered an alternative to increase
economic growth and reduce poverty, focusing on community participation and
local context (Srirahayu
& Adi, 2022). The PEL concept promotes
economic growth while increasing economic independence and resilience. Through
PEL, the government, private sector, and communities work together to create
better economic conditions and expand employment. The PEL concept emphasizes
four main aspects, namely physical resources, human resources, economic
aspects, and partnerships. Regional development approaches, including PEL,
always consider the spatial dimension because each region has unique
characteristics that affect local development needs (Irwantoro,
2023).
Local economic development (LED) in Papua has a very important
significance in the context of regional and national development. First of all,
PEL can be a means to reduce the economic gap between Papua and other regions
in Indonesia. Papua has enormous natural resource potential but still faces
challenges in optimally utilizing it for the welfare of local communities. By
developing the local economy, these resources can be utilized more efficiently,
providing greater economic benefits for Papuans.
Secondly, PEL also plays a role in empowering local communities. By
empowering Papuans to engage in local economic activities through the opening
of micro and small enterprises, the development of local agriculture, or
ecotourism, they can have an active role in making economic decisions and
improving their well-being. This creates employment and income and increases a
sense of belonging and local identity.
In addition, PEL in Papua is also important for maintaining environmental
and cultural sustainability. By focusing on sustainable economic development,
Papua can ensure that utilising natural resources does not harm the environment
and maintain the region's rich biodiversity and cultural heritage. Local
economic development in Papua is not just about economic growth but also about
community empowerment, environmental conservation, and strengthening local
cultural identity. It is important to achieve inclusive, sustainable and
competitive development in Papua and Indonesia.
The link between law and culture in supporting local economic growth is
particularly important given the region's cultural diversity and natural
wealth. Local culture, reflected in indigenous peoples' traditions, values, and
belief systems, plays a central role in shaping how Papuans interact in
economic activities, including natural resource utilization and land
management. However, formal laws enacted by the state are often only sometimes
in line with customary laws and local cultural values. This mismatch can lead
to tensions and conflicts, especially about land and natural resource ownership
rights. It is, therefore, important to strike an appropriate balance between
recognizing and protecting the rights of indigenous peoples based on their
cultural laws while ensuring economic sustainability and ongoing environmental
protection by national legal frameworks. Thus, an in-depth understanding of the
dynamics of the interaction between law and culture in Papua is crucial for
designing policies that support inclusive and sustainable local economic growth
while considering the unique culture and identity of the Papuan people.
CONCLUSION
The conclusions of this
study not only reveal the complexity of the interaction between law and culture
in supporting local economic growth in indigenous Papuan communities, but also
provide important implications for economic development policy. The research
highlights that to achieve sustainable and inclusive economic growth in Papua,
better integration between customary law and formal state law is required.
Formulated policies should be more sensitive to the local cultural context,
taking into account the influence of values, traditions and social norms in
economic practices. As such, these findings provide a foundation for
policymakers to develop economic development strategies that are better aligned
with the needs and characteristics of indigenous Papuans, thereby promoting
economic progress without overriding the preservation of local culture.
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