Noken System and Democracy In Election Of Local Head Papua Province

Abstract

The Election of Regional Heads and Deputy Regional Heads (Governor Regent Mayor) is the implementation of democracy adhering to the principles of Direct, General, Free, Confidential, Honest and Fair elections. The basis for implementation is regulated in the 1945 Constitution article 18 paragraph (4), however, in Papua there are some regions in carrying out elections using the Noken system which is contrary to election principles. This writing is to examine the election of regional heads with the noken system which tends to conflict with the principles of direct, general, free, confidential, honest and fair elections in Papua Province as regulated in the 1945 Constitution Article 22 E number 1, because there are still some regions still carry out the election of leaders (regional heads) with the noken system. One of them is Puncak Jaya Regency. This research method uses normative law with an analytical description of the statutory regulations and then in its implementation it is associated with a legal theory that creates problems due to the election with the Noken system. And in this study using a normative juridical approach namely, the applicable norms are connected to two Noken systems, namely, the big man system (votes from the deliberations are submitted to the customary leader) while the hanging system (hanging noken is given a picture of the candidate, then the voters line up to the noken that has been selected). there is an image of choice). The implementation of the Noken system uses customary norms that are still alive and developing in the community and this is not wrong because it is recognized by the 1945 Constitution and the Election Law and its implementing regulations. Found 2 (two) Noken systems, namely the Bigman system and the Hanging System, although both were based on the results of deliberation but both contradicted the principles of Direct, General, Free, Secret, Honest and Fair election. The Bigman system uses customary deliberations, where votes are collected and agreed to be handed over to certain candidates through a customary (tribal) head, while the Hanging system, Noken is hung at the Polling Station with pairs of pairs of candidate images attached, then the voters must line up in accordance with the rules. picture of the candidate pair to be selected. This research is limited only to the implementation of elections with the noken system which is still used in several regions in Papua Province related to legal norms, namely election principles. The research was made by the author himself with reference to the legislation and customary norms that apply in the implementation of Noken.