IMPLEMENTATION OF NOKEN AS AN UNWRITTEN LAW IN THE NATIONAL LEGAL SYSTEM

  • Nico Tri Mandala Universitas Kader Bangsa
Keywords: unwritten law, noken, national legal system

Abstract

The constitution as the highest law in Indonesia contains respect for the protection and guarantee of human rights in the national legal system. Therefore, every legislation governing the life of the nation and the state must be guided by the constitution. The legislation is intended not only for written law, but also for unwritten law which is recognized by the constitution as a law that lives and is obeyed by the community. Noken is an unwritten law used in the implementation of elections and regional elections in several regions in Papua. Noken is recognized by the constitution and guaranteed for continuity with certain requirements. Through this research, we will discuss how the implementation of noken as an unwritten law in the national legal system. The research method used is normative juridical through a case study approach using the theory of constitutional supremacy, democracy and unwritten law. The results of the study found that noken is one of the unwritten laws based on customary agreements in determining choices in the administration of elections and regional elections in several regions in Papua. The Constitution guarantees the implementation of noken as one of the electoral systems with certain conditions. Therefore, noken has a position as one of the legal unwritten laws in the national legal system.

Published
2020-03-02
How to Cite
Mandala, N. (2020). IMPLEMENTATION OF NOKEN AS AN UNWRITTEN LAW IN THE NATIONAL LEGAL SYSTEM. KADER BANGSA LAW REVIEW, 2(1), 39-57. Retrieved from http://ojs.ukb.ac.id/index.php/kblr/article/view/109