The Reconstruction of General Election with “Noken” System on the President and Vice President Election in Indonesia

摘要

The diversity of values ??that live in the community has entered into the electoral system in Indonesia. Direct election systems, in Papua - Indonesia, precisely in some customary areas, the community uses the “ noken ” system in elections. This research is a normative and empirical research to determine and examine the legal substance aspect and legal structure to the organizer of General Election in Indonesia. The results shows that the implementation of Noken system in the general elections in Papua Province use two systems in the general election, namely Big Man system and hanging or noken system. The Big Man system is done by means of all voting submitted to the chieftain while noken system the community comes alone to the polling staton, see and put ballot to the party pocket that had previously been agreed. Both systems are just according to their will in accordance with the beliefs and customs of people in the mountainous region of Papua. Noken system in the Big Man system and hanging system or binding system by the customary law represents accommodation in consensus and agreement, based on indigenous values ??and local wisdom in indigenous cultures in the mountainous regions of Papua. This consensus process is interpreted as a democracy of indigenous peoples.