ASN Netrality Rules In The 2024 Election, What Are The Prohibitions Based On Law?

Illustration of ASN Neutrality Rules in the 2024 General Election (Photo: Doc. Antara)

YOGYAKARTA - The General Election Supervisory Agency (Bawaslu) continues to intensify the socialization of ASN neutrality rules in the 2024 General Election. This step is the task of Bawaslu to prevent the practice of ASN neutrality. Lack of understanding related to ASN neutrality regulations is one of the causes of election violations among state servants.

Said Fadhil, Acting Head of the KHAN Puslatbang, revealed that his party had analyzed policy issues in the form of Policy Paper policies related to ASN neutrality. From the results of the study, it was found that a number of factors caused the violation of ASN neutrality in the election, ranging from not yet understanding regulations, actions that have not been optimal, to supervision that has not been maximized.

ASN who are found to have violated the provisions of neutrality in the election will be subject to administrative and criminal sanctions. So what are the rules for ASN neutrality in the 2024 General Election?

The government has issued a Joint Decree (SKB) on Guidelines for the Guidance and Supervision of Netrality for State Civil Apparatus Employees (ASN) in the Implementation of General Elections in the Election. The issuance of SKB aims to ensure the maintenance of ASN neutrality during the simultaneous elections and regional elections in 2024.

The decree was signed by Abdullah Azwar Anas (Minister of PANRB, Tito Karnavian (Mendagri), Bima Haria Wibisana (Plt. Head of BKN), Agus Pramusinto (Chairman of KASN), and Rahmat Bagja (Chairman of Bawaslu).

Provisions regarding the principle of neutrality of ASN have been mandated in Law Number 5 of 2014 concerning ASN. The regulation states that ASN is prohibited from becoming a member and / or administrator of political parties. In addition, ASN is also mandated not to side with any form of influence and does not side with anyone's interests.

The law regulates at least 16 things that prohibit ASN from its political choices, as follows:

(1) Campaign through social media;

(2) attending the candidate declaration;

(3) participate as a campaign committee or implementer;

(4) participate in campaigns with civil servant attributes;

(5) participate in campaigns with state facilities;

(6) attended a political party event;

(7) attending the handover of political party support to the candidate pair;

(8) holding activities leading to partiality;

(9) provide support to legislative candidates or the independence of regional heads by providing ID cards

(10) running without resigning as ASN;

(11) making decisions that are profitable or detrimental to the candidate pair;

(12) to become a member or administrator of a political party

(13) deploying civil servants to participate in the campaign

(14) An approach to the Political Party regarding his candidacy and other people

(15) became a speaker at the Political Party event

(16) photos with candidate pairs with the symbol of the hand or movement as a form of partiality.

The creation of a neutrality SKB will also make it easier for ASN to understand things that should not be done and have the potential to violate the code of ethics and employee discipline. SKB applies to ASN at all levels of agencies, both in the central government and district, city, provincial governments throughout Indonesia.

If the violation of ASN in the ASN Law is imposed only on administrative sanctions, the Election Law will be subject to different penalties. In the Election Law and Regional Head Elections, there are two types of sanctions, namely administrative or criminal sanctions for ASN who violate neutrality.

The prohibition of violating neutrality for ASN is included in the complaint offense category. So if someone complains to Bawaslu regarding violations of ASN neutrality, then they can be dealt with according to applicable legal provisions. Referring to Article 15 of PP No. 42 of 2004, the types of sanctions given are moral sanctions and administrative actions in accordance with statutory regulations.

Such is the review of the rules for ASN neutrality in the 2024 General Election which must be obeyed by state servants. In addition to understanding a number of rules, ASN must also pay attention to neutrality disturbances that can appear at every stage of the General Election and Regional Elections.

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