Save

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

In: Asia-Pacific Journal on Human Rights and the Law
Author:
Ignatius Yordan Nugraha PhD Research Fellow, Hasselt University, Hasselt, Belgium, yordan.nugraha@uhasselt.be

Search for other papers by Ignatius Yordan Nugraha in
Current site
Google Scholar
PubMed
Close
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

$40.00

Abstract

The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.

Content Metrics

All Time Past 365 days Past 30 Days
Abstract Views 764 119 10
Full Text Views 48 11 6
PDF Views & Downloads 100 19 4