PENERAPAN SISTEM NOKEN DI PAPUA DALAM DEMOKRASI INDONESIA (Analisis Putusan Mahkamah Konstitusi Nomor. 07-33/PHPU-DPD/XVII/2019)

The Constitutional Court has given a policy to guarantee the constitutionality of the noken system in the elections legally in Papua through Decision Number 47-81/PHPU.A-VII/2019 on condition that it does not apply in general, is local and concrete, does not violate the principles of honest and fair elections. . Even though the noken system has legitimized the implementation of the general election, disputes over the determination of vote acquisition still occur because the noken system does not apply procedurally democratic practices in Indonesia. Carel Simon Petrus Suebu, S.E. filed a request for cancellation of the Decision of the General Elections Commission and the Constitutional Court has decided with a decision Number: 07-33/PHPU-DPD/XVII/2019 dated 5 (five) August 2019. The ruling is to grant the Respondent's exception and declare the Petitioner's request cannot be accepted. The purpose of this paper is to provide information to the public about the Noken system in Papua in Indonesian democracy, so that the public understands that the implementation of the Noken system in Papua does not conflict with the constitution and the goals of democracy. The research method used is normative juridical, with a case approach to the Constitutional Court Decision Number 07-33/PHPU-DPD/XVII/2019. The data analysis technique carried out by the researcher is through a perspective using normative juridical methods, the legal materials that have been obtained are described and connected in such a way that conclusions are drawn inductively. The result of the research is that the Constitutional Court Decision Number 07-33/PHPU-DPD/XVII/201 does not go out of the way of Indonesian democracy because the Noken system has received legitimacy from the Constitutional Court as one of the electoral methods in Papua.Keywords: Noken, Papua, Constitutional Court, Election, Democration