Big man, bag or ballot box? Upholding legal pluralism through noken as a traditional system of voting in elections in Papua, Indonesia

Abstract

Indonesia, a diverse and sprawling archipelago nation, is a place where modernity often intersects with tradition, especially in certain parts of the area broadly known to the outside world as Papua. This article analyzes how the Indonesian Constitutional Court has upheld legal pluralism through noken, a traditional voting model used in elections in remote, mountainous parts of Papua in easternmost Indonesia. Legal pluralism, defined as the coexistence of multiple legal systems or norms within a single society, is a concept deeply embedded in the Indonesian legal landscape. The noken system includes a method where tribal chiefs or community leaders vote on behalf of their entire local area, after consensus is reached in a community meeting, with the votes being placed in a traditional woven bag, called a noken. Although the noken system differs from the universal suffrage model applied by the Indonesian Election Law, its constitutionality is guaranteed under a landmark decision handed down by the Indonesian Constitutional Court in 2009. That decision reinforced the validity of legal pluralism in Indonesia, including in elections. However, the Constitutional Court subsequently limited the constitutionality of implementing the noken system as Papuan society gradually transitions to the national electoral system.