Legislative Election By The Indigenous People Of Papua Indonesia

Abstract

Legislative elections in Indonesia are regulated in Article 22E paragraph (2) of the 1945 Constitution, it is stated that General Elections are held to elect members of the House of Representatives (DPR), Regional Representative Council (DPD), President and Vice President and Regional Representative Council (DPRD). In implementing this constitutional provision, it is implemented through Law Number 7 of 2017, concerning General Elections.

        Papua as one of the provinces in Indonesia has its own way of choosing members of the DPRD through the cultural values approach owned by the indigenous Papuan people. The method used is to harmonize customary law and positive law with two election models, namely through the modern election system, and elections based on cultural values and local wisdom. This model of indigenous peoples even though it contradicts the principles of elections turns out to be a democratic process and provides a sense of justice for local indigenous people. The problem to be addressed in this study is how the construction of elections does through the mechanism of the indigenous peoples of Papua. The objective of this study is intended to study and find out how the legal construction of legislative elections, according to the customary law community accommodated in positive law in Indonesia.