Injuruty: Interdiciplinary
Journal and Humanity Volume 2, Number 11, November 2023 e-ISSN: 2963-4113�and p-ISSN: 2963-3397
|
Abstract An electoral system used specifically for a number
of districts in the Central Highlands region of Central Papua and Mountain
Papua, Indonesia is called the noken system. The noken system is directly
related to traditional leaders/traditional elders/tribal chiefs which of
course is related to several reasons for holding noken elections both
geographically, human resources, socio-culturally. In the tradition of
indigenous Papuans, noken is interpreted in the value of elections by making
mutual agreements and establishing intact / support for certain candidates
with consensus deliberation. In other words, the noken system is a symbol of
the highest deliberation for opinion determination in Papua without secrets
and is more concerned with deliberation in tribal communities in Papua. The
study of Legal Anthropology focuses on the socio-culture of indigenous
Papuans, if in making decisions collectively collegially both in life, and in
social relations both ideas, ideas in deliberation become absolute decisions,
and are officially declared by their tribal chiefs (bigman), because
traditional Papuan / inland communities adhere to traditional politics
(bigman). So that noken is a cultural object, a community routine that is
interpreted in electoral values by making mutual agreements, voting as a
whole/supporting certain candidates with consensus deliberation. Thus, the
use of noken means that Papuan indigenous elements are respected and obedient
people to participate in elections, and to position noken to respect the
entire life of indigenous Papuans. This reality underlies the opinion that
noken is part of the local wisdom of indigenous Papuans who should be
respected, fostered, maintained, preserved, cared for and maintained in their
existence to maintain customary law in indigenous Papuans. The study of
Constitutional Law focuses on a regulation to determine the noken election to
be valid, with the issuance of Constitutional Court Decree Number 47-48 /
PHPU-A-VII / 2009 concerning the Noken System Election in Papua. The
Constitutional Court understands and appreciates the cultural values that
live in indigenous Papuans that are distinctive in elections with the
"Citizen Agreement" system that based on the agreement of the
community understand noken as a change in object, namely the form of the KPU
ballot box replaced with the form of hanging noken and contains philosophical
meanings namely opening, filling and binding in the political practice of elections
held on indigenous Papuans Keywords: Noken System in Papuan
Indigenous Peoples, Legal Anthropology Studies, Constitutional Law Studies. |
INTRODUCTION
The noken system does not apply real
democratic practices (Pamungkas, 2017), because this system uses bigman or tribal chiefs to
claim the votes of one village and is given to one candidate from several
candidates who are considered in Papua Province to be inconsistent in their
role as guardians of the constitution, the rule of law, and democracy and human
rights in Papua Province. In other words, the use of noken in the electoral
system in Papua causes discrimination between tribes in Papua Province, because
it violates the principles of the rule of law, democracy and human rights (Landman, 2018).
Election makers and administrators must not
violate the recognition and protection of the unity of indigenous peoples and
their traditional rights as guaranteed in Article 18B of the 1945 Constitution,
because voting in elections is not carried out by voting/voting but by voting
or acclamation or agreement under the name of the Noken system as a practice
based on local customs guaranteed by the 1945 Constitution (Brown et al., 2019).
The noken system, which was originally
really pure with local wisdom, turned into something that was manipulated
either because of violent pressure or money intervention (Nugraha, 2021). which should be adapted to practices that better
protect citizens' rights from the political practice of money or bribes to
tribal chiefs.� In other words, this
noken system is very prone to fraud in the implementation of Papuan regional
elections leading to disputes over election results in the Constitutional Court
(Suparto & Chaidir,
2019). The dispute over the election results occurred due
to objections from people whose votes were represented by the Tribal Chief and
in reality the noken system was followed by the practice of intimidation,
violence and buying and selling votes, so it was found that there was
manipulation when collecting votes through the vote representation system
through the representation system and should pay attention to the local wisdom
of the Papuan people.
Result this research What is the noken
system in the perspective of Legal Anthropology and Constitutional Law and How
is Noken the highest symbol of deliberation for indigenous Papuans.
METHOD�� RESEARCH
Legal
Anthropology Studies (Roberts, 2013): views that legal
events or legal facts / realities that occur in the community are carried out
by observing / observing informants directly (data source interviews), concrete
data in the field when research is carried out to answer problems in research
that are identical to the behavior of indigenous Papuans, Noken and the
Implementation of Elections in Papua and Handling Legal Cases in indigenous
Papuans if there is an election dispute at any time districts in the customary
territory of Papua and study this in the perspective of Legal Anthropology
called the Empirical Approach to Legal Anthropology. Constitutional Law Review:
governance with the principle of prudence in the implementation of the noken
system based on citizen agreement and focusing on regulations / rules based on
applicable legislation, namely Constitutional Court Decree Number: 47-48 /
PHPU-A-VII / 2009 concerning the Election of the Noken System in Papua.
RESULT
AND DISCUSSION
Noken System in The Perspective of Legal Anthropology and
Constitutional Law
The noken system does not apply real
democratic practices and even fraud occurs in Papuan regional elections which
leads to the practice of intimidation, vote buying and selling and manipulation
of vote collection through a representative system and does not pay attention
to the local wisdom of indigenous Papuans (Kossay, 2014).�
The study of Legal Anthropology focuses on
the socio-culture of indigenous Papuans, if in making decisions collectively
collegially both in life, and in social relations both ideas, ideas in
deliberation become absolute decisions, and are officially declared by their
tribal chiefs (bigman), because traditional Papuan / inland communities adhere
to traditional politics (bigman) (Pamungkas, 2022). So that noken is a cultural object, a community
routine that is interpreted in electoral values by making mutual agreements,
voting as a whole/supporting certain candidates with consensus deliberation (Earls & Carlson,
2020). Thus, the use of noken means that Papuan indigenous
elements are respected and obedient people to participate in elections, and
positions noken to respect the entire life of indigenous Papuans. This reality
underlies the opinion that noken is part of the local wisdom of indigenous
Papuans who should be respected, fostered and maintained in maintaining their
customary law.
The study of Constitutional Law focuses on
a regulation to determine the noken election to be valid, with the issuance of
Constitutional Court Decree Number 47-48 / PHPU-A-VII / 2009 concerning the
Noken System Election in Papua (Hasibuan & Ashari,
2020). The Constitutional Court understands and appreciates
the cultural values that live in indigenous Papuans which are distinctive in
elections with the "Citizen Agreement" system that based on the
agreement of the community understand noken as a change in object, namely the
form of the KPU ballot box is replaced with the form of a hanging noken and
contains philosophical meanings namely opening Utami & Budiono, (2020), filling and binding in the implementation of
elections or regional elections in the territory of indigenous Papuans.
The above is something that really needs to
be analyzed in order to enforce election law in the territory of indigenous
Papuans which provides a philosophy of upholding indigenous peoples in giving
their opinions without having to be with the representation system carried out
by tribal chiefs in indigenous Papuans (Mandasari, 2014).� Although in
reality the representation of indigenous women in Papua in the political sphere
is only 30 percent, this violates the basic conception of indigenous women as
human beings who have the right to have a choice in the noken system held by
indigenous Papuans based on Law Number 21 of 2001 concerning Special Autonomy
for Papua Province, "Adat, indigenous peoples, customary law, customary
law communities as wisdom and glue in the cultural noken of indigenous peoples
of Tanah Papua (Tarima et al., 2013).
The Noken System as a Symbol of the Highest
Deliberation For Indigenous Papuans
Indigenous Papuans organize a noken system
in local elections held in Papua. The Noken system as a symbol of the highest
deliberation for indigenous Papuans to channel the aspirations of indigenous
Papuans, so that they can get voting representation in regional elections that
will be held in each indigenous territory of indigenous Papuans. The Noken
system is closely related to traditional leaders who entrust decisions to the
elders/tribal leaders/chiefs. The unity of customary law guarantees the original
noken according to unwritten rules or norms that have lived, are ingrained
binding and form the unity of life of the indigenous Papuan people themselves (Haliim, 2016). Customary law is an unwritten rule or norm that
lives in customary law communities, regulates, binds, is maintained and has
sanctions Pakage & Pekei, (2013), namely customary sanctions based on customary
regulations of the Papuan people related to the noken and noken system in
elections or regional elections in the Papua region.
Noken is a distinctive enclave that has a
noble function and meaning for indigenous Papuans. Philosophically it becomes
the meaning of social status, self-identity and peace. Noken is legal because
it has been guaranteed its existence by Article 18 of the 1945
Constitution.� Noken was held for several
reasons, namely:
First, geographical. The distance to
distribute election logistics and the difficulty of the terrain in the interior
of Papua are complicated to access quickly. (Majority of steep mountains, steep
ravines, limited transportation access, small-bodied aircraft), resulting in
inconsistencies in the national election agenda.
Second, human resources. Some people in
mountainous areas have not been educated, live communally and traditionally, do
not understand elections validly, aims and objectives, benefits so they need to
be directed to joint deliberation to make decisions in voting.
Third, Social Culture, a patent reference
for the existence of noken elections in Papua, Papuan rural communities adhere
to the traditional political system (Bigman / big man). Every decision of the
community is carried out in a collegial collective (social relations,
gathering, and deliberation) becomes an absolute decision and is officially
declared by the Chief (bigman).
The three factors mentioned above,
contributed positively to the issuance of the Constitutional Court Decree
number 47-81 / PHPU-A-VII / 2009 concerning the Election of the Noken System in
Papua, under the pretext that the Constitutional Court understands and
appreciates the cultural values that live in indigenous Papuans that are
typical in elections by means of "citizen agreement" or acclamation,
that the noken system is a change in the object / form of the KPU ballot box
hung during the election and aims to replace the ballot box to fill ballot in
it. The Noken system contains philosophical meanings, namely opening, filling
and binding.� In the tradition of
indigenous Papuans, noken is a cultural object that cannot be separated from
the routine of indigenous Papuans in electoral values in making political
commitments, collective agreements, and giving complete votes to certain
candidates with consensus deliberation as a symbol of the highest deliberation
of indigenous Papuans.�
It can be concluded that the noken system
can be aligned with the election system resulting from joint deliberations
where indigenous Papuans can see the agreement (acclamation) and determination
of their votes through Noken, in addition to the factor to reach the districts
and distribution of indigenous Papuans who live in the mountains, thus making
noken a voting tradition and giving confidence to leaders / elders / tribal
chiefs to choose (representative system). The role of the chieftain is a social
role and is not bound by formal law in a country. The compliance of indigenous
Papuans is based on the obedience of a tribal chief in his customs including:
First, the chief must be able to solve customary
problems
Second, the chief is in charge of
regulating the customary system and solving problems related to customs. Thus,
the deliberations applied at the time of determining the voting rights of
indigenous Papuans (traditional communities) contain their own dimensions of
historicity, rationality, actuality which are theoretically justified and
practically realized. As a manifestation of the ideal of consultative
democracy, the deliberative system applied in elections in Papua, which
emphasizes the consensus aspects of political democracy in the framework of
respect for individual rights and collectivism that protects communal rights
and private rights as well as for its pluralist (prismatic) society.
This underlies that deliberation for
consensus cannot be measured by whether laws and public policies are formulated
based on the views of citizens in general and the equality of political
equality of citizens, both indigenous Papuans and modern communities in Papua,
is very important for decision-making in various institutions, people's
representative institutions, courts, civil society, government departments and
services,� Village and other public
spaces are carried out through deliberation / discussion based on rational
reasons and considerations Surbakti et al., (2011) in order to create Democracy as also said by Amy
Gutmann and Dennis Thomson, one of the most important values in democracy is
the ability of every citizen to self-govern (self-government) which means
rejecting tyranny but demanding accountability, and citizens obeying those
rules (Chio et al., 2009). In line with the facts and characteristics of
prescriptive legal science that studies the purpose of law, the values of
justice, the validation of the rule of law, legal concepts and legal norms.
Election and regional elections conflicts
are small-to-medium scale violent conflicts at every stage of elections,
conflict-prone elections occur at stages: electoral formation, candidate
registration, campaign period, quiet period, voting period, determination of
results, determination of elected candidates after the decision of the
Constitutional Court. A concrete example, the January 2013 incident, clashes
between supporters of Yahukimo Governor candidates due to mutual ridicule and
caused a policeman to be injured and 2 police firearms were lost and a campaign
rampage against the Wamena Governor candidate's campaign committee for not
getting money as promised and caused 8 residents to be injured.
This is very influential for the security
of indigenous Papuans, because the existence of elections or regional elections
in Papua is a symbol of the highest deliberation to realize a democratic party
in the realm of the Land of Papua properly, so that honest, fair elections and
enforcement of legal irregularities will be able to ensure the integrity of the
election process or regional elections in indigenous Papuans.
In other words, the Noken system election
model carried out by acclamation by indigenous Papuans is considered
constitutional, the Constitutional Court has answered the commitment of the
state, especially the judiciary, in respecting and protecting the rights of
indigenous peoples recognized by the constitution. The implementation of the
noken system in Papua actualizes the values of deliberation that have long been
lived in the lives of the people of the archipelago which provides the practice
of a consensus system in communal decision-making of indigenous peoples in the
customary territory of Papua. Recognition of deliberation as the embodiment of
multiculturalism democracy includes protecting the collective rights of
cultural groups to maintain their identity and traditions (Haynes, 2000). Therefore, the recognition of the traditional rights
of indigenous peoples is the answer, where the constitution as a social due
contract (social contract) Kusnardi & Ibrahim,
(1983) mentioned here that the legal framework of elections
as a norm is formed through a political process that synergizes with democratic
ideals, namely social justice.
.
CONCLUSION
Enforcing the election law and the noken
system in the territory of indigenous Papuans provides a philosophy that
upholds the customary of indigenous peoples in providing indigenous Papuans in
terms of opening, filling and binding based on Constitutional Court Decree
Number 47-48 / PHPU-A-VII / 2009 concerning the Noken System Elections in
Papua.
The Noken system as the highest
deliberation in indigenous Papuans reflects the synergy of community agreement
and local wisdom of indigenous Papuans who can jointly provide democratic
rights for indigenous Papuans, described that the community understands noken
as a form of hung ballot boxes, as values, and the meaning of customary
elements of indigenous Papuans to be able to maintain the customary laws of
indigenous Papuans.
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Copyright
holders:
Emy Handayani, Untung Sri Hardjanto (2023)
First
publication right:
Injurity
- Interdiciplinary
Journal and Humanity
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