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ASN Neutrality Violations Are Increasingly Vulgar

State civil servants who are not neutral have the potential to damage public services and trigger misuse of state resources.

This article has been translated using AI. See Original .

By
NIKOLAUS HARBOWO, DENTY PIAWAI NASTITIE, IQBAL BASYARI, NINO CITRA ANUGRAHANTO
· 4 minutes read

The following article was translated using both Microsoft Azure Open AI and Google Translation AI. The original article can be found in Pelanggaran Netralitas ASN Kian Vulgar

Ten officers of the Regional Police Force of Garut Regency, West Java, are supporting one of the candidates for vice president in the 2024 general election.
TANGKAPAN LAYAR

Ten officers of the Regional Police Force of Garut Regency, West Java, are supporting one of the candidates for vice president in the 2024 general election.

JAKARTA, KOMPAS — Ahead of 2024 elections, violations of the neutrality of state civil servants are becoming increasingly massive, even openly displayed to the public. It is feared that this condition will threaten the professionalism of the apparatus in serving the public, in addition to mobilizing bureaucratic resources to win certain candidates.

To prevent continued violations, in addition to strict sanctions, a commitment and exemplary behavior from bureaucracy leaders at all levels are necessary.

Referring to data from the State Civil Service Commission (KASN), in the last year, there were a total of 246 reports of alleged ASN violations. Referring to data from the Ministry of State Apparatus Empowerment and Bureaucratic Reform (Kemenpan and RB), from the beginning of 2023 to November 2023 there were 183 reports of alleged violations of ASN neutrality.

Out of that number, 73 reports were proven to be violations. Then, 48 of them were followed up with sanctions imposed by the personnel supervising official (PPK) in the agency where the civil servant committed the violation.

Also read: When ASN's "Like" and "Share" can be prosecuted

Public campaign for neutrality of state civil apparatus (ASN) during the car-free day on MH Thamrin Street, Jakarta, on Sunday (10/3/2019).
HUMAS KOMISI ASN

Public campaign for neutrality of state civil apparatus (ASN) during the car-free day on MH Thamrin Street, Jakarta, on Sunday (10/3/2019).

Commissioner of KASN, Arie Budhiman, when contacted on Thursday (4/1/ 2024), believes that the number of violations is greater than reported, especially when considering the growing vulgar neutrality violations.

He judged that many civil servants are no longer hesitant to record their support for certain candidates in the elections in the form of photos and videos, and even broadcast them to the public. This was evident in the case of support from several personnel of the Satuan Polisi Pamong Praja (Satpol PP) Garut, West Java, for vice presidential candidate number 2, Gibran Rakabuming Raka, which was recorded in a video.

"The facts of the violations are evident. This could potentially damage the bureaucracy. Why? It is feared that there may be misuse of bureaucracy resources, allocation of funds, or misuse of facilities aimed at providing benefits to certain candidates. These are the things that are most vulnerable to occur if bureaucracy politicization has already occurred," said Arie.

Afraid

Member of the RI Ombudsman, Robert Na Endi Jaweng, also saw that violations of ASN's neutrality were increasingly massive and vulgar. According to him, there are two situations that allow this to happen.

Also read: The Classic Problem of Neutrality in the State Civil Service

Member of the Indonesian Ombudsman, Robert Na Endi Jaweng, was in Jakarta on Thursday (21/12/2023).
KOMPAS/TATANG MULYANA SINAGA

Member of the Indonesian Ombudsman, Robert Na Endi Jaweng, was in Jakarta on Thursday (21/12/2023).

Firstly, bureaucracy gets political, with its officials following suit. Secondly, bureaucracy becomes politicized, with politics intervening in bureaucracy. Specifically regarding the second case, officials require protection.

"Today, that protection is almost non-existent. They are afraid. That is what puts them in an extraordinary dilemma," he said.

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Protection cannot be expected as often times the leaders of agencies become a part of the state's machinery that is played within the political scenario of certain candidates.

"Here, we need the exemplariness, commitment, and consistency between words and actions from the highest leaders to the village level. Firmness is also needed when there are violations," said Robert.

On the other hand, he emphasizes the importance of layered supervision, both internally by the government and externally.

Civil servants (ASN) attended the 47th anniversary ceremony of the Republic of Indonesia Employee Corps (Korpri) at Senayan Istora, Jakarta on Thursday (11/29/2018).
KOMPAS/WAWAN H PRABOWO

Civil servants (ASN) attended the 47th anniversary ceremony of the Republic of Indonesia Employee Corps (Korpri) at Senayan Istora, Jakarta on Thursday (11/29/2018).

For the Ombudsman, the most crucial thing about the neutrality of civil servants is their professionalism in public service. This is because civil servants can become non-neutral and discriminatory in providing public services.

Due to the numerous cases of neutrality violations, the Minister of State Apparatus Empowerment and Bureaucratic Reform (Kebinetrian Pendayagunaan Aparatur Negara dan Reformasi Birokrasi or Menpan dan RB) Abdullah Azwar Anas once again emphasizes the importance of civil servants maintaining neutrality. Otherwise, disciplinary actions will be taken against those who violate this rule.

"There are administrative sanctions, warnings, and even criminal charges. If anyone is not impartial, please report to KASN," said Azwar.

Assistant Deputy for Strengthening the Work Culture of Human Resources in Kemenpan and RB, Damayani Tyastianti, predicted that as the 2024 Election Day approaches on February 14, reports of alleged violations of the neutrality of ASN (government officials) will increase.

Also read: ASN Neutrality Problem Strengthens, Delays Dissolution of KASN

(From left to right) Chairman of the Indonesian Ombudsman Mokhammad Najih, Chairman of the General Elections Commission (Bawaslu) Rahmat Bagja, and Chairman of the Civil Service Commission (KASN) Agus Pramusito signed a memorandum of understanding on the monitoring of public service provision and the management of the civil service based on a merit system in Jakarta on Tuesday (31/5/2022).
DOKUMENTASI HUMAS OMBUDSMAN RI

(From left to right) Chairman of the Indonesian Ombudsman Mokhammad Najih, Chairman of the General Elections Commission (Bawaslu) Rahmat Bagja, and Chairman of the Civil Service Commission (KASN) Agus Pramusito signed a memorandum of understanding on the monitoring of public service provision and the management of the civil service based on a merit system in Jakarta on Tuesday (31/5/2022).

Therefore, coordination within the Task Force for Nonpartisanship of Civil Servants (Satgas Netralitas ASN) has been intensified. This task force consists of the Election Supervisory Board (Bawaslu), State Civil Service Agency (KASN), National Civil Service Agency, and Ministry of Home Affairs.

Milk distribution

Regarding the distribution of milk by the vice presidential candidate number 2, Gibran Rakabuming Raka, in the motor vehicle-free area in Jakarta on December 3, the Chairman of Bawaslu Jakarta Pusat, Christian Nelson Pangkey, stated that they recommended the activity as a violation of the law.

However, the Central Jakarta Election Supervisory Agency (Bawaslu) can only issue recommendations and cannot impose sanctions because the case is classified as another legal violation in the electoral process.

The recommendation was submitted to the Acting Governor of Jakarta, Heru Budi Hartono. He will ultimately decide whether the milk-sharing activity violates the rules or not, and impose sanctions if necessary.

Also read: Violations Undermine Confidence in Elections

Vice presidential candidate number 2, Gibran Rakabuming Raka, provided a statement to journalists after attending a clarification summons regarding alleged violations in the distribution of milk in motor vehicle-free areas, at the Central Jakarta General Election Supervisory Agency (Bawaslu) office on Thursday (4/1/2024).
KOMPAS/RONY ARIYANTO NUGROHO

Vice presidential candidate number 2, Gibran Rakabuming Raka, provided a statement to journalists after attending a clarification summons regarding alleged violations in the distribution of milk in motor vehicle-free areas, at the Central Jakarta General Election Supervisory Agency (Bawaslu) office on Thursday (4/1/2024).

According to a study by Bawaslu Jakarta Pusat, distribution of milk is considered a violation of the law due to suspected activities involving the interests of a political party, not only involving Gibran as a vice presidential candidate, but also several legislative candidates from political parties. This is contrary to Article 7 Paragraph (2) of DKI Jakarta Governor Regulation Number 12 of 2016, which prohibits the use of car-free days for the interests of political parties.

Referring to Article 9 Clause (2e) of the Jakarta Governor's Regulation mentioned, the sanctions imposed are only in the form of a warning. However, if the violation is repeated, the participant will be blacklisted and prohibited from participating in activities at HBKB.

In Surakarta, Central Java, Gibran acknowledged that he will follow whatever decision Bawaslu Jakarta Pusat makes. He stated that he is ready to face sanctions from Bawaslu. "Yes, we will just follow the decision," said the Mayor of Surakarta.

Editor:
ANTONIUS PONCO ANGGORO
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