Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Noken In Positive Legal Framework in The 2020 Election Of Regional Heads (Pilkada) In Indonesia

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312299,
        author={Paskaria  Tombi},
        title={Noken In Positive Legal Framework in The 2020 Election Of Regional Heads (Pilkada) In Indonesia},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={noken; general election; positive law; socio-cultural},
        doi={10.4108/eai.14-4-2021.2312299}
    }
    
  • Paskaria Tombi
    Year: 2021
    Noken In Positive Legal Framework in The 2020 Election Of Regional Heads (Pilkada) In Indonesia
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312299
Paskaria Tombi1,*
  • 1: Doctor of Law, Universitas Jayabaya, Jakarta, Indonesia
*Contact email: paska@macsindonesia.com

Abstract

Noken is a special system applied in Papua in general elections, including presidential elections, House of Representatives (DPR), Regional House of Representatives (DPRD), Regional Representative Council and Regional Head Elections to reach voters in difficult demographic areas. This research was conducted to analyze the noken system based on the constitution and within the framework of positive laws in the 2020 Regional Head Election in Indonesia. This normative juridical research was done in the form of library research to analyze research materials that included laws and regulations, books and the results of prior research. Based on the analysis, the issuance of the Constitutional Court decision number 47-81 / PHPU-A-VII / 2009 concerning the Noken System Election in Papua was taken in regard to the respects toward local cultural values among Papuan community who have been familiar with "community consent" system or acclamation. The noken election system symbolizes the highest level of fair deliberation to make decisions within in tribal system. The system is also applied because geographic constraints make election logistics distribution quite challenging. In addition, most of community members did not have adequate understanding about election. Furthermore, socio-cultural decisions are rather absolute and officially declared by chiefs (big man).