<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>legal pluralism &#8211; Science</title>
	<atom:link href="https://scienmag.com/tag/legal-pluralism/feed/" rel="self" type="application/rss+xml" />
	<link>https://scienmag.com</link>
	<description></description>
	<lastBuildDate>Mon, 19 Oct 2026 13:04:14 +0000</lastBuildDate>
	<language>en-US</language>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	<generator>https://wordpress.org/?v=7.1.3</generator>

<image>
	<url>https://scienmag.com/wp-content/uploads/2024/07/cropped-scienmag_ico-32x32.jpg</url>
	<title>legal pluralism &#8211; Science</title>
	<link>https://scienmag.com</link>
	<width>32</width>
	<height>32</height>
</image> 
<site xmlns="com-wordpress:feed-additions:1">73899611</site>	<item>
		<title>Procedural democracy versus customary deliberation: the scholarly debate on Papua&#8217;s noken electoral system</title>
		<link>https://scienmag.com/procedural-democracy-versus-customary-deliberation-the-scholarly-debate-on-papuas-noken-electoral-system/</link>
		
		<dc:creator><![CDATA[Courtney Benton]]></dc:creator>
		<pubDate>Mon, 19 Oct 2026 13:04:14 +0000</pubDate>
				<category><![CDATA[Science News]]></category>
		<category><![CDATA[communal voting and social cohesion]]></category>
		<category><![CDATA[Constitutional Court]]></category>
		<category><![CDATA[constitutional recognition of noken in Indonesia]]></category>
		<category><![CDATA[customary decision-making in Indonesian Papua]]></category>
		<category><![CDATA[customary law]]></category>
		<category><![CDATA[deliberative democracy]]></category>
		<category><![CDATA[democratic theory]]></category>
		<category><![CDATA[electoral system]]></category>
		<category><![CDATA[ethnographic study of Papua's electoral traditions]]></category>
		<category><![CDATA[highland Papua community deliberation]]></category>
		<category><![CDATA[impact of noken on democratic principles]]></category>
		<category><![CDATA[indigenous electoral systems and legal recognition]]></category>
		<category><![CDATA[indigenous law and universal suffrage]]></category>
		<category><![CDATA[indigenous voting]]></category>
		<category><![CDATA[Indonesia]]></category>
		<category><![CDATA[legal pluralism]]></category>
		<category><![CDATA[musyawarah]]></category>
		<category><![CDATA[noken]]></category>
		<category><![CDATA[one person one vote]]></category>
		<category><![CDATA[Papua]]></category>
		<category><![CDATA[Papua noken electoral system]]></category>
		<category><![CDATA[scholarly debate on cultural voting practices]]></category>
		<category><![CDATA[traditional voting practices in Papua]]></category>
		<category><![CDATA[tribal chief role in Papua elections]]></category>
		<guid isPermaLink="false">https://scienmag.com/?p=312524</guid>

					<description><![CDATA[A new systematic review maps three competing schools of thought on Papua's noken electoral system, the only voting practice in Indonesia officially recognized as a deviation from one person, one vote.]]></description>
										<content:encoded><![CDATA[<p>In the highlands of Indonesian Papua, elections are sometimes decided not by secret ballots dropped into boxes, but by a woven bag called a noken. Political decisions emerge through community deliberation known as musyawarah and are conveyed via a tribal chief, the kepala suku, with the collective choice deposited into the traditional bag. In 2009, the Indonesian Constitutional Court formally recognized this customary collective voting practice as a constitutionally valid alternative to one person, one vote, ruling that it represents a living customary law whose displacement could lead to social fragmentation. The decision made noken the sole electoral practice in Indonesia where the highest court has officially sanctioned a deviation from the universal suffrage principle, and it ignited a scholarly controversy that remains unresolved to this day.</p>
<p>A new mini review published in Frontiers in Political Science on 19 October 2026 offers the first systematic mapping of this fragmented debate. Led by Esau Miram and Ahmad Ismail of Hasanuddin University, with colleagues including Jayana Suryana Kembara from the Department of Anthropology, the research team searched the Scopus database using the keyword noken, retrieving twenty-two documents published between 2013 and 2026. Because the term denotes both the Papuan electoral practice and the woven bag from which it takes its name, the raw yield spanned two largely separate literatures. After screening out fifteen documents that address noken as material culture rather than as an electoral institution, and adding three foundational works through backward citation chaining, the team assembled an analytic corpus of ten documents and subjected them to reflexive thematic analysis following the six phases described by Braun and Clarke in 2006.</p>
<p>The distribution of the literature is itself a finding. The Scopus-indexed scholarship retrievable under noken is dominated by material-culture studies covering ethnobotany, weaving fibres, the creative economy, heritage value, and the occupational health of the bag makers, while work on the electoral dimension remains comparatively sparse. The ten documents in the analytic corpus were coded and mapped onto three competing schools of thought, each grounded in a distinct tradition of democratic theory. The higher-order architecture of the analysis was deductive, drawing on the aggregative-liberal tradition, the deliberative turn, and critical or agonistic critiques of consensus as sensitising concepts, while the internal content of each stream emerged inductively from close reading of the corpus.</p>
<p>The first and most institutionally entrenched perspective is the procedural-liberal reading, which treats noken as a constitutional exception rather than a unique democratic form. This interpretation rests on the premise that democratic legitimacy derives from the aggregation of preferences of formally equal citizens, and that one person, one vote is a substantive expression of political equality codified internationally through Article 25(b) of the International Covenant on Civil and Political Rights, which mandates universal and equal suffrage by secret ballot. Secrecy, directness, and equal vote-weighting are interdependent, so any compromise of one element jeopardizes the entire system. The most theoretically explicit contribution comes from Bert de Villiers, whose 2024 chapter in Brill&#8217;s Asian Law Series contends that the Constitutional Court&#8217;s 2009 decision effectively abrogated the individual&#8217;s right to vote by replacing individual ballot choice with communal decision-making, drawing a comparative analogy with Australian native title jurisprudence following Mabo v Queensland.</p>
<p>Within the same stream, Iqbal Yunus Nugraha evaluated the noken system against Article 25(b) of the ICCPR and concluded that it produces a clash between international human rights law and a legal pluralist framework, since votes allocated by a prominent leader or through tribal consensus evidently compromise the principles of secrecy, directness, and individual choice. Nugraha does not advocate outright abolition but suggests a transitional accommodation towards greater compliance with international standards, a stance reflected in the Constitutional Court&#8217;s subsequent jurisprudence, which has progressively narrowed the noken exception. A third contribution by Andi Yunus in the Hasanuddin Law Review argues that noken shares structural characteristics with the United States Electoral College, particularly its dependence on intermediaries who cast votes on behalf of larger constituencies, concluding that noken represents a form of multilayered democracy compatible with pluralistic societies. De Villiers counters that this comparison stretches the limits of comparative law, given that Electoral College electors are themselves chosen by individual voters through a secret ballot, whereas noken entirely displaces individual balloting.</p>
<p>The second stream, the deliberative-customary reading, challenges the procedural-liberal perspective by conceptualizing noken as a genuine democratic form with its own intrinsic logic of legitimation. Drawing on the deliberative turn associated with Jürgen Habermas and John Dryzek, which holds that legitimacy derives from public reasoning, mutual justification, and consensus formation rather than mere aggregation, and on the democratic pluralism literature of John Keane and James Tully, this stream reframes the inquiry. The seminal work is Cahyo Pamungkas&#8217;s 2017 study, which rigorously examines noken within the framework of Habermas&#8217;s theory and posits that its fundamental operative principle is not the delegation of votes to a dominant figure but communal consultation through musyawarah and mufakat, meaning consensus. The traditional bag serves less as a receptacle for ballots and more as a tangible symbol of consensus achieved through discursive negotiation. Pamungkas acknowledges the potential for manipulation by Papuan elites who may unilaterally determine votes, but asserts that such manipulation constitutes a corruption of the practice rather than its intrinsic nature.</p>
<p>Additional contributions expand this cultural framework. Birgit Brauchler&#8217;s 2014 study examines noken as a mode of belonging that simultaneously articulates local Papuan identity, national cultural diversity, and a globally circulating indigenous peoples&#8217; discourse, demonstrating that the legitimacy of customary practices stems from their integration into collective identity and recognition rather than from adherence to externally imposed norms. Setyanto and colleagues in 2020 shift the emphasis from cultural recognition to institutional practice, elaborating noken as a constitutive expression of Indonesian cultural pluralism and the operational basis of regional elections in the Papuan highlands. However, this stream faces two limitations: the risk of romanticization, where scholars presume communal cohesion without adequately theorizing internal stratification concerning gender, age, clan rank, and economic status, and limited analytical tools for distinguishing genuine deliberation from elite legitimation.</p>
<p>The third stream, the critical-governance reading, raises an empirical-conditional question rather than a normative one: under what circumstances does noken function as a deliberative practice, and under what conditions does it serve as a mechanism for perpetuating elite power? Drawing on critiques of deliberation by Lynn Sanders and Clarissa Hayward, who caution that consensus may obscure rather than eliminate domination, and on the literature showing how adat revivalism in post-1998 Indonesia allows elites to employ customary claims as tools of mobilization, this stream treats noken as a subject of political ethnography. Efriandi and colleagues in 2021 frame noken as a challenge of peripheral democratic governance, documenting how the disparity between formal electoral norms and their enforcement in highland Papua creates structural conditions conducive to elite control, vote concentration, and limited accountability. Bao and colleagues in 2023 contend that the philosophical underpinnings of noken, namely honesty, transparency, and integrity, have been progressively undermined under the Special Autonomy regime, as the influx of state funds, consumptive lifestyles, and high-cost political competition have transformed this symbol of communal trust into a mechanism for patronage politics.</p>
<p>The review identifies four research gaps: an empirical-geographical gap, since only a small fraction of the analysed documents specifically address Papuan districts such as Yahukimo, Lanny Jaya, Jayawijaya, and Tolikara where noken is actively practised; a methodological gap, with doctrinal-normative and descriptive approaches predominating while political ethnography and process tracing remain infrequent; a conceptual gap, since no current framework integrates representation, customary authority, electoral legitimacy, and adat-state negotiation within a unified analytical structure; and a comparative gap, with systematic comparison to similar indigenous electoral arrangements such as Māori reserved seats in New Zealand almost entirely absent. From these gaps emerge five future directions, including district-level political ethnographies in highland Papua, longitudinal studies across multiple electoral cycles, gender-sensitive research on the role of Papuan women in musyawarah, comparative studies in the Global South, and the use of the noken case as an empirical foundation for revising democratic theory itself.</p>
<p>Ultimately, the three streams should be understood not as competing judgments on a singular issue but as explorations of distinct dimensions of the same subject. Noken can simultaneously be a constitutional exception with contested compatibility with universal suffrage, a culturally embedded form of deliberative agreement, and an empirically ambivalent institution vulnerable to elite capture. The review concludes that noken is most appropriately conceptualized as a hybrid political institution situated at the intersection of four axes: state electoral norms, customary deliberation, customary authority, and socio-cultural legitimation. Each school of thought foregrounds a different axis while treating the others as background, and the mismatch between four axes and three lenses is analytically meaningful rather than an inconsistency. The broader significance extends beyond resolving a localized Indonesian controversy, positioning the noken system as fertile ground for the comparative analysis of democratic pluralism in pluralistic societies worldwide.</p>
<p><strong>Subject of Research:</strong> A systematic review of the scholarly debate on Papua&#x27;s noken electoral system, mapping three competing interpretations of the customary collective voting practice recognized by Indonesia&#x27;s Constitutional Court in 2009.</p>
<p><strong>Article Title:</strong> Procedural democracy versus customary deliberation: the scholarly debate on Papua’s noken electoral system</p>
<p><strong>Article References:</strong> Miram, E., Sukri, Ariana, Ekawaty, D., Kembara, J. S., &amp; Ismail, A. (2026). Procedural democracy versus customary deliberation: the scholarly debate on Papua’s noken electoral system. <em>Frontiers in Political Science, 8</em>, Article 1893764. <a href="https://doi.org/10.3389/fpos.2026.1893764" rel="noopener noreferrer">https://doi.org/10.3389/fpos.2026.1893764</a></p>
<p><strong>Image Credits:</strong> AI Generated</p>
<p><strong>DOI:</strong> <a href="https://doi.org/10.3389/fpos.2026.1893764" rel="noopener noreferrer">10.3389/fpos.2026.1893764</a></p>
<p><strong>Keywords:</strong> noken, Papua, Indonesia, electoral system, deliberative democracy, legal pluralism, indigenous voting, Constitutional Court, musyawarah, one person one vote, customary law, democratic theory</p>
]]></content:encoded>
					
		
		
		<post-id xmlns="com-wordpress:feed-additions:1">312524</post-id>	</item>
	</channel>
</rss>
