Neutrality of State Civil Apparatus in Regional Head Elections

Abstract

The results of this study conclude that the neutrality of the State Civil Apparatus in the Implementation of the Regional Head Election (PILKADA) needs to be appropriately implemented. There are still many ASNs who are not neutral; this is due to the existence of Article 53 of Law No. 4 of 2014 concerning ASNs, which states that the President, as the holder of the highest authority in ASN development, can delegate the authority to determine the appointment, transfer, and dismissal of officials other than the primary and middle high-ranking officials. The central functional expertise officials to the regent/mayor in the district/city (PPK), so with this, the incumbent candidate can use the authority they have to pressure ASN ahead of the Pilkada. Several efforts have been made by the government, such as through laws and joint decrees of the Minister of State Civil Apparatus Empowerment and Bureaucratic Reform, Minister of Home Affairs, Chairperson of the State Civil Apparatus Commission, and Chairperson of the General Election Supervisory Body. However, in reality, the loyalty factor between superiors and subordinates is an obstacle to creating a neutral position in implementing the Regional Head Election because many ASNs still participate in practical politics. This research is a type of Normative Juridical research with a statutory approach method and a case approach. The nature of this research is descriptive analysis, which intends to provide a systematic factual and accurate picture or painting of the facts, nature, and relationships between the phenomena investigated on how neutrality in ASN in the election of Regional Heads.