The Regulation of ASN Neutrality and Political Rights in Regional Head Elections: Legal Challenges and Solutions

Abstract

The issue of violations of neutrality among State Civil Apparatus (ASN) has sparked public discourse about revoking ASN's political rights. A 2020 survey by the Election and Democracy Syndicate (SPD) revealed that 28% of respondents supported revoking ASN’s political rights, similar to the restrictions applied to the military and police (TNI/Polri). This proposal is seen as a solution to address persistent violations of ASN neutrality, as ASN are currently allowed to vote in regional head elections but prohibited from expressing political preferences publicly. This study aims to analyze the regulation of ASN voting rights in regional head elections, using normative legal research with a statute and case approach. It examines laws and regulations relevant to ASN neutrality and reviews cases of neutrality violations in regional elections. The findings reveal that ASN neutrality is regulated under Article 2 letter f of the Regional Election Law, emphasizing that ASN must remain impartial and avoid influence. Articles 119, 123, and 70 reinforce restrictions on political involvement by requiring resignation for those running for office. These regulations ensure legal certainty, efficiency, and justice by preventing power abuses stemming from personal interests. Strengthening these provisions is critical to uphold democratic integrity in regional elections.