Article Title
ANALISIS SISTEM PEMILIHAN UMUM NOKEN DI PROVINSI PAPUA DALAM PRINSIP DEMOKRASI DAN SISTEM HUKUM NASIONAL
Abstract
Nokensis the name of a typical Papua bag. But in matters of elections or local elections, noken is a system. There are two patterns used in this system. The first pattern, the choice of votes of all members of the tribe, is represented by the respective chiefs. The second pattern, noken functions as a substitute for the ballot box. Where the voters' ballot papers are put in noken are hung according to the number of parties or pairs of candidates. This practice has received sharp criticism from many parties since it was implemented separately in a number of districts. The Noken system does not apply real democratic practices. The Noken system kills an individual's right to choose with a conscience, who he should choose. Because this system uses a big man or head of a tribe, claims the votes of one of the villages and is given to one candidate from several candidates. Several Constitutional Court decisions related to the use of the noken system in Papua Province were also considered to be inconsistent in their role as guardians of the constitution, the legal state, and democracy, as well as human rights in the Papua Province. The purpose of this study is to describe, analyze the procedures for using the noken system in elections in Papua Province, the application of substantive justice by the election organizers in Papua Province andstosfindsoutsandsanalyze the implications ofsthesinconsistencysofsthe Constitutional Court in its decision related to the use of the noken system in elections in the Province Papua. The results showed that there were implications of the use of the noken system which actually led to discrimination between ethnic groups in the Papua Province, violating the principles of the rule of law, democracy and human rights.
Keywords: Noken, MK Decision, Democratic Principles, National Legal System, and Legal Pluralism.