Legal Literacy- The phenomenon of the Baduy tribe, especially the Inner Baduy, who consistently do not use their right to vote and have never had representatives in legislative institutions, is an interesting anomaly in Indonesian electoral democracy. Normatively, the 1945 Constitution (Article 27 paragraph (1) and Article 28D paragraph (1)) and Law No. 7 of 2017 concerning Elections explicitly guarantee the right of every citizen to vote and be elected. However, the reality on the ground shows that for the Baduy Tribe, this constitutional right is faced with the principlepikukuh(customary law) that is strong.

The Dilemma of Two Constitutional Obligations: The Right to Participate vs. Customary Rights

In a democratic system, the right to vote and be elected are pillars of people's sovereignty. The Baduy Tribe's choice to "not vote" (abstain) is indeed not criminalized, but the absence of their representation in the legislature is a highlight. Legally, they have the full right to be elected. The fact that no member of the Baduy Tribe has ever served in the legislature indicates a fundamental obstacle, not because of state prohibition, but because of their customary law. This is where the clash of two constitutional obligations of the state lies:
  1. Guaranteeing Political Participation: The obligation to guarantee the right to participate of every citizen (including the right to be elected).
  2. Protecting Indigenous People: The obligation to respect and protect the rights of indigenous customary law communities, according to Article 18B paragraph (2) of the 1945 Constitution.