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election of regional representative councils members with noken system inelection principle perspective
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نویسنده
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waluyo ,nurjaya i nyoman ,suryokumoro herman ,hadiyantina shinta
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منبع
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international journal of multicultural and multireligious understanding - 2020 - دوره : 7 - شماره : 8 - صفحه:259 -267
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چکیده
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The holding of general elections, including the election of members of the regionalrepresentative council in parts of papua, has its own character because its implementation is differentfrom the general election. if all this time we only know that, the implementation of the general election iscarried out in a direct, general, free and secret manner, then there are some areas in papua that still usethe general election with the noken/tie system. this is because the culture of indigenous peoples in thepapua region in terms of decision-making concerning common interests is carried out throughdeliberation meetings involving members of the community as a whole or certain people (men withauthority or the big man) only as representatives to take a decision. this is also corroborated by theconstitutional court decision number 47-81 / phpu.a-vii / 2009 which basically states that they do notquestion the voting system used by indigenous peoples in the central highlands of papua, because theessence of the general election process is that everyone can exercise direct, public, free and confidentialvoting rights. with the implementation of the general election (including the election of dpd members)with the noken/ikat system, it does not provide guarantees and legal certainty for the constitutional rightsof voters to determine for themselves who they think is best based on their rational logic. honesty doesnot only mean that no provisions in the general election are violated or simply that no votes aremanipulated. honesty must also be interpreted as the system that most allows the people to electcandidates according to their conscience based on the capacity and integrity of the candidates.
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کلیدواژه
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general election ,regional representative council ,noken system
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آدرس
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brawijaya university, faculty of law, indonesia, brawijaya university, faculty of law, indonesia, brawijaya university, faculty of law, indonesia, brawijaya university, faculty of law, indonesia
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Authors
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