Maintaining ASN Neutrality Ahead of the Simultaneous Regional Elections

By: Dr. M. Adian Firnas

Indonesia will hold simultaneous Regional Head Elections (Pilkada) on November 27, 2024. This Pilkada is the largest ever, taking place in 37 provinces and 508 regencies/cities. A recurring issue in political contests, whether elections or Pilkada, is the neutrality of the State Civil Apparatus (ASN). The State Civil Apparatus Commission (KASN) reported that after the 2024 elections, it received 481 reports of alleged neutrality violations, with 264 ASN found guilty and 181 sanctioned by their respective institutions.

Public concern over ASN neutrality is well-founded. The Election Supervisory Body (Bawaslu) reported 1,536 neutrality violations by ASN in the 2020 Pilkada, with 91% of these cases referred to KASN. This data shows that ASN neutrality issues persist despite laws requiring ASNs to uphold neutrality.

The above phenomena are undeniable, showing that ASN violations occur in every election and Pilkada. ASN neutrality is crucial for fair, democratic, and quality elections. It is essential in ensuring that government services remain unbiased and focused on public service, regardless of which political power is in charge. ASN neutrality complements the merit system, creating a sustainable, stable, and impartial system (Eko Prasojo, 2023). Political bureaucracy undermines the professional bureaucracy we strive for.

ASNs often face dilemmas during Pilkada. Theoretically, according to Carino (1992), bureaucracy is subordinate to politics (executive ascendancy). This executive ascendancy assumes political leadership is based on the mandate from the people legitimized through elections. Thus, bureaucracy will always be subordinate to politics and influenced by those in power, potentially trapping it in practical political interests.

Democratically elected regional heads become political and governmental leaders at the regional level. They not only set development policies but also have administrative power over ASN careers and positions. As political power holders, they need electoral and political support, leading to transactional relationships. This dynamic often drives ASN to engage in practical politics, hoping for rewards in return for their support. For certain candidates, it is crucial to mobilize ASN as their political machinery, while some ASN view Pilkada as a promotion opportunity by supporting certain candidates.

There are several reasons why ASNs are attractive to certain candidates. First, ASNs are effective in manipulating voters' choices, sometimes using intimidation. Second, ASNs have access to information and a good grasp of the field. Third, their technical expertise can be leveraged for the benefit of certain candidates, such as joining campaign teams to help formulate candidates' visions and programs. Fourth, ASNs have resources and authority in distributing public funds, which can be exploited by candidates to gain political support. These gaps can draw ASN into the political whirlpool of Pilkada, compromising their integrity and diminishing public trust in the government, contradicting our aim for quality elections.

The principle of neutrality, as regulated in ASN Law No. 20 of 2023, is inherent in ASNs. This principle must be implemented and practiced by all ASNs, not just accepted. ASNs must also adhere to core values such as loyalty to Pancasila and the 1945 Constitution, and loyalty to political officials who are their superiors, without aligning with their political factions. ASNs must be neutral in their duties, free from political or primordial influences, and should not prioritize shared religion, ethnicity, or group interests.

This article serves as an early warning that potential neutrality violations may reoccur in the upcoming simultaneous Pilkada. If this happens, it highlights the systemic nature of the neutrality issue, complicating bureaucratic reform efforts. Ensuring fair, just, and democratic elections requires serious oversight and strict sanctions for neutrality violations. Meritocracy in career management is also crucial, so ASNs do not need to engage in political maneuvering to secure or advance their positions. Without this, violations will continue and become normalized.

Dr. M. Adian Firnas, Lecturer of International Relations, FISIP UIN Syarif Hidayatullah Jakarta. This article was published on Monday, June 10, 2024, in the Opinion Column of Suara Merdeka and can be accessed here.