Title: Recognition of Constitutional Rights of Indigenous Communities in the Implementation of General Elections Based on the Value of Local Wisdom
Abstract: General elections in some parts of the central highlands of Papua in terms of decisionmaking concerning common interests are carried out through deliberation meetings involving thewhole community, chaired by the Chief of the tribe (Men with authority or Big Man). Thisis also strengthened by the Constitutional Court Decision on Case Number 47-81 / PHPU.A-VII /2009 which basically states that they do not question the voting system used by indigenous peoplesin the central highlands of Papua because the essence of the General Election process is everypeople can exercise direct, public, free and confidential voting rights. In the context of democratictheory, general elections with the Noken system are democratic. Noken system elections aredemocratic elections. In the element of the election, there is mutual agreement to reach a consensus.Then the results of the deliberations are submitted to the Chief of the tribe as a representative ontheir behalf (the indigenous people). This election model is a model of local democracy electionbased on Pancasila democracy, a democracy that reflects the nation's culture and personal identityfrom a long time ago as stated in the 4th principle of Pancasila: Democracy is led by wisdom indeliberation/representation. Meanwhile, the principle of One Man One Vote in Election legislationis a form of legal unification efforts by the government in guaranteeing the personal rights of allIndonesian people. However, the existence of indigenous peoples must also be respected andrespected for the sake of unity and integrity of the territory of the Republic of Indonesia and a senseof justice. The Constitutional Court acknowledges voting using the noken system and / or thebinding system for a certain place and time which has never held an election in the form of directvoting by voters.
Publication Year: 2020
Publication Date: 2020-11-01
Language: en
Type: article
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