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 the
whole community, chaired by the Chief of the tribe ("Men with authority" or "The Big Man"). This
is 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 peoples
in the central highlands of Papua because the essence of the General Election process is every
people can exercise direct, public, free and confidential voting rights. In the context of democratic
theory, general elections with the Noken system are democratic. Noken system elections are
democratic 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 on
their behalf (the indigenous people). This election model is a model of local democracy election
based on Pancasila democracy, a democracy that reflects the nation's culture and personal identity
from a long time ago as stated in the 4th principle of Pancasila: "Democracy is led by wisdom in
deliberation/representation". Meanwhile, the principle of One Man One Vote in Election legislation
is a form of legal unification efforts by the government in guaranteeing the personal rights of all
Indonesian people. However, the existence of indigenous peoples must also be respected and
respected for the sake of unity and integrity of the territory of the Republic of Indonesia and a sense
of justice. The Constitutional Court acknowledges voting using the noken system and / or the
binding system for a certain place and time which has never held an election in the form of direct
voting by voters.