Unes Law Review
Vol. 6 No. 2 (2023)

Keabsahan Sistem Noken Dalam Pemilu Presiden Dan Wakil Presiden Ditinjau Dari Negara Hukum Dan Demokrasi

Rahmayani, Ima (Unknown)
Jaya Wardana, Dodi (Unknown)



Article Info

Publish Date
30 Nov 2023

Abstract

The noken or tie system in Papua is the system used in the presidential and vice-presidential election, technically represented by a big man or tribal chief. The validity of the noken system is not in the form of written rules (laws) but only in the form of traditional Papuan beliefs that have been passed down from generation to generation, in other words, unwritten rules. Because noken is believed to be able to bring relations, familiarity, friendship and kinship among Papuans. This research uses a type of normative legal research with the method of approaching laws and legal concepts. In this study it was found that the noken system had implications contrary to a number of legal and theoretical principles in law. As in a constitutional state that adheres to written rules alluding to elections being held on the basis of direct, free, secret and fair principles. Likewise with the theory of democracy in terms of the implementation of elections that want to be held through absolute participation of the people in politics because it is aimed at the common interest. Preservation of culture through the noken tradition is only suitable for use in everyday life as it can be used in solving local customary problems, through deliberations for consensus through intermediaries of big men or tribal chiefs as the noken system was done before.

Copyrights © 2023






Journal Info

Abbrev

law

Publisher

Subject

Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

Description

UNES Law Review adalah Jurnal Penelitian Hukum yang dikelola oleh Magister Hukum Pascasarjana, Universitas Ekasakti Padang. Penelitian yang dimuat merupakan pendapat pribadi peneliti dan bukan merupakan pendapat editor. Jurnal terbit secara berkala 4 (empat) kali dalam setahun yaitu September, ...