Violation of Civil Servant (ASN) Neutrality in the 2024 General Elections in Indonesia (From the Perspective of Handling Violations)

Abstract

The issue of civil servant (ASN) neutrality is crucial in elections. This is because violations of ASN neutrality consistently occur in every general and regionalelection, including the 2024 general elections. This paper aims to identify the potential violations of ASN neutrality, the handling of ASN neutrality violations in the 2024 elections, and the ideal concept for addressing ASN neutrality violations. This qualitative research utilized secondary data obtained through literature reviews and document studies. Data analysis was conducted qualitatively, and the research findings were presented descriptively. The research concluded that potential violations of ASN neutrality in the 2024 elections are outlined in Joint Decisions of the Minister of PAN-RB, Minister of Home Affairs, Head of BPN, Chairperson of KASN, and Chairperson of Bawaslu No. 2/2022, No. 800-5474/2022, No. 246/2022, No. 30/2022, and No. 1447.1/PM.01/K.1/09/2022 regarding Guidelines for the Coaching and Supervision of ASN Employees in Organizing Elections. Handling violations of ASN neutrality involves two mechanisms: direct referral to KASN for violations of ASN neutrality and a mechanism for handling violations by Bawaslu for ASN neutrality violations that include general and regional election violations. The ideal concept for handling violations of ASN neutrality includes the establishment of a new institution as a channel for forwarding violations from Bawaslu, in accordance with Article 455 of Law No. 7 of 2017; the personnel supervisory official should not be a regional head but rather the Regional Secretary (Sekda); sanctions for neutrality violations should be strengthened to have a deterrent effect on ASN violators; the existence of specific regulations regarding the mechanism for handling ASN neutrality violations, complete with norms and sanctions for violations; and strengthening the role or authority of BKN in handling violations of ASN neutrality.