Legal Problem Of Neutrality Of State Civil Apparatus In Elections

DOI

10.2991/978-2-38476-315-3_40How to use a DOI?

Keywords

Legal problems; neutrality; state civil servants; elections

Abstract

Every State Civil Apparatus (SCA) is legally required to maintain a neutral and independent attitude toward political intervention. Many positive laws in Indonesia have regulated the SCA’s obligation to be neutral. However, in fact, cases of violations of SCA neutrality in elections from year to year continue to increase sharply. This paper uses normative juridical (doctrinal) methods with a statutory and conceptual approach to examine what legal problems currently exist that cause cases of violations of SCA neutrality to still be very high in every election held. There are still gaps in regulating SCA neutrality. The Civil Service Development Officer (SCDO), as mandated by Law No. 20 of 2023 concerning SCA, is responsible for imposing sanctions on both civil servants and government employees with work agreements who violate SCA. On the other hand, regional heads, who are actually members of political parties or affiliated with them, hold positions at SCDO. This poses a threat to SCA’s position, particularly in Law No. 20 of 2023 concerning SCA, which states that the SCDO has the authority to determine the appointment, transfer, and dismissal of SCA employees and develop SCA management in government agencies in accordance with statutory regulations. With the SCDO’s large authority, SCAs are vulnerable to politicization.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Sri Handayani
AU  - I Gusti Ayu Ketut Rachmi Handayani
AU  - Enny Nurbaningsih
PY  - 2024
DA  - 2024/12/24
TI  - Legal Problem Of Neutrality Of State Civil Apparatus In Elections
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 288
EP  - 296
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_40
DO  - 10.2991/978-2-38476-315-3_40
ID  - Handayani2024
ER  -