THE EXISTENCE OF NOKEN VOTE MODEL IN INDONESIAN GENERAL ELECTION SYSTEM
Abstract
The existence of Noken vote model is an evidence of the problem of Indonesian democratic system. In the practice the Noken vote model raises many problems. The research aims to evaluate the Noken vote model in the practice of local election in Papua. The research is normative and empirical legal research with statute and case law approach. The results of research show that the existence of Noken vote model has been recognized by the Constitutional Court of Republic of Indonesia. The consideration of Constitutional Court is considered Noken vote model as a part of the local wisdom of Papua. However the Noken vote model has created a problem in Indonesian democratic system. There is a mistake in the consideration of Constitutional Court on the local wisdom of Papuan. In fact, Noken vote model is not a part of culture of Papuan. It is a product of New Older policy. Noken vote model is actually contrary to the principles of Election. The Papuan cannot use their right to choose in accordance with the principles of the election that are direct, general, free, secret, honest, and fair. The research recommends that first, the government should settle the problem of the citizen administration in Papua, to realize a better process of Noken vote model. The needs of E-ID card should be a priority. Second, the Government and the DPR should make a more comprehensive regulation which give a guidance to the practice of Noken vote model.