Political Neutrality of Civil Servants: Normative Review of Buleleng Regency Circular in 2024 Election

Universitas Pendidikan Ganesha, Singaraja, Indonesia

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Abstract

Civil Servant neutrality is a principle that must be upheld in realizing elections with integrity, honesty, and fairness. Civil Servant neutrality is regulated in Law Number 5 of 2014 and Government Regulation Number 94 of 2021; however, in its implementation, many violations related to neutrality still occur, particularly in Buleleng Regency. In response to this phenomenon, the Regent of Buleleng Regency issued a Circular Letter reaffirming that Civil Servants are prohibited from engaging in practical politics. The purpose of this study is to examine the effectiveness of a normative approach in maintaining civil servant neutrality and preventing practical political involvement in the 2024 Election in Buleleng. This study uses a normative method, which combines legislative and conceptual approaches, to analyze the position of the circular letter in national law and its effectiveness as a legal basis for civil servant neutrality. This study shows that the Circular Letter is impractical and weak as a legal basis for the neutrality of State Civil Apparatus in elections. Therefore, a legal regulation at the level of a regional regulation is needed to strengthen this legal basis in Buleleng Regency while simultaneously enhancing the role of the State Civil Apparatus Commission and the Election Supervisory Agency in ensuring the neutrality of State Civil Apparatus. This study is expected to serve as a guideline for local governments in formulating similar regulations or policies to maintain ASN professionalism in elections.