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All Journal AMANNA GAPPA Hasanuddin Law Review Jambe Law Journal Al-Azhar Islamic Law Review Pancasila: Jurnal Keindonesiaan
Ahsan Yunus
Fakultas Hukum Universitas Hasanuddin
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Hasanuddin Law Review

 1 
Multilayered Democracy in Papua: A Comparison of “Noken” System and Electoral College System in the United States Ahsan Yunus
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2892

Abstract

The elucidation of understanding popular sovereignty through the implementation of democratic principles when applied to a pluralistic Indonesian society requires a comprehensive study. This study is a normative-legal research by using statute, case, and conceptual approaches. This paper provides information on the latest trend in research. The results show that the characteristics of the general election by Noken system are in line with the Electoral College system to presidential elections in the United States, especially in the Noken system as represented by the chieftain (election by the big man). The Noken system is the result of the relations of political culture and the strengthening of local democracy. Hence, the constitutionality of Noken system is a translation of the constitution that pays attention to the social diversity that lives in society. Not only in the context of general elections, but in every aspect of national and State life, as more attention is given to the constitution of social diversity in society (constitutional pluralism).
Legal Existence of Local Wisdom for Bajo Fishery Tribe on Indonesian Maritime Border Oheo Kaimuddin Haris; Syahbudin Syahbudin; Ahsan Yunus
Hasanuddin Law Review VOLUME 5 ISSUE 1, APRIL 2019
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (530.735 KB) | DOI: 10.20956/halrev.v5i1.1727

Abstract

This work is aimed at exploring appropriate method in legitimating and admitting toward legal existence for Bajo effort’s local wisdom particularly in maintaining Indonesian’s Border. This effort is importance to maintain sovereignty of Indonesia's maritime boundaries without having to eliminate Bajo’s local wisdom that may exclude sustainable development for Bajo society. This situation has altered their traditions that they just initially and merely fished fishes just for consumption. For that reason, this work offers appropriate values in legitimating and admitting a legal existence for Bajo effort’s local wisdom such as the rights of traditional fisherman community of Bajo tribe in human rights law as indigenous people right based either on National and International Law and; the legal protection of Bajo communal rights in exploiting sea and traditional fisherman criteria after UNCLOS 1982 and MOU BOX 1974 including its amendments. The application of this method may create holistic and traditional manners in keeping and managing collective strategic resources for the greatest benefit for national defend especially for Bajo fishery tribe.
Co-Authors Ahmad Taufiq ANDI MUHAMMAD ASWIN ANAS Anshori Ilyas Ariani Arifin Armelia Safira Desi Fitriyani Hasrul, Muhammad Irwansyah Irwansyah Irwansyah Irwansyah Maskun Muhammad Athallariq Gio M Muhammad Fadhil Muhammad Ilham Arisaputra Namira Wulandari Oheo Kaimuddin Haris Patittingi, Farida Siti Nurhalima Lubis Syahbudin Syahbudin Taufik Rachman Zulkifli Aspan