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INTERNATIONAL JOURNAL OF SOCIAL SCIENCES

15th

March 2018. Vol.61. No.1

© 2012-2018 TIJOSS & ARF. All rights reserved

ISSN 2305-4557 www.Tijoss.com

13

CIVIL STATE APPARATUS NEUTRALITY

(A STUDY OF DIRECT LOCAL HEAD ELECTION IMPLEMENTATION

IN BANJAR REGENCY, SOUTH KALIMANTAN PROVINCE)

Haris Utomo

Institute of Domestic Governance

Doctoral Program, Governance Science Study Program

Post Scholar Program, Institute of Domestic Governance

E-mail: [email protected]

Abstract

There is a case of State Civil Apparatus non-neutrality in Banjar

regency at the time of local head election in 2015. This case appealed to the

author to be studied further where at that time the government is trying to

implement the contents of Law No. 5 of 2014. In this research, the authors raised

the issue of the State Civil Apparatus neutrality, especially the Neutrality of

Banjar Regency Work Unit Head on local head election 2015.

While research method used in this research use descriptive research

method with qualitative approach. The local government of Banjar regency must

have a way to prevent the bureaucracy from engaging in political activities

during the elections.

The results of this study indicate that there is an intervention of a

bureaucratic apparatus who served as a head to his subordinates. Then that

factors cause bureaucratic apparatus non-neutrality among others are weak

supervision, weakness of law enforcement, ambiguity of neutrality meaning`,

desire of power, intervention and influence of leadership, political maneuver,

solidarity and fraternity. While research method used in this research use

descriptive research method with qualitative approach. Banjar Regency Local

Government must have a way to prevent the bureaucracy from engaging in

political activities during Local head ellection.

Keywords: Neutrality, State Civil Apparatus, Banjar Regency Local

Government.

1.1. Background of the Research

The Local head ellection

(Governor, Regent or Mayor) that took place

in various regions nowadays has many notes

about the fraud and neglect of the

community welfare after the implementation

of Local head direct elections Money

politics, black campaign, buying votes, and

fraud in the vote count, Gaffar (2012: 132).

This situation is a bad start from the face of

Local head direct elections which is

inevitable.

On the other hand, the irregularities

behavior of bureaucratic and political party

in Indonesia have damaged the glorious

values of the existing government

bureaucracy world. According to a study

conducted by Thoha (2003: 152) that the

interference of political parties in the

government bureaucracy in the early days of

reform was inevitable because of the

difficulty of drastically changing the custom

left by the New Order government after 32

years of rule. If the government bureaucracy

is to be changed, then the political leaders

way of thinking needs to be changed from

only the personal and party interests to the

interests of the people.

If we look at what is conveyed by

Thoha, the relationship between the political

position and career position of a State Civil

Apparatus more reflects as a relationship of

power dominance from political officials to

career officials rather than team work in a

democratic regional government

management.

Another problem then arises is the

influence and intervention of certain parties

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to the bureaucratic apparatus in the local

government such as the nomination of a

State Civil Apparatus as Regional Head who

then use the position and authority to

intervene to its submissions to get support,

of course also will add to the bad image of

the Civil State Apartatus which are clean

and free from intervention and political

activity.

In the year 2015, the General

Election Commission (KPU) has conducted

direct and simultaneous Regional Head

Election in several Regions in Indonesia.

Implementation conducted by the General

Elections Commission scheduled that the

voting of Regional Head Election

simultaneously held on December 9, 2015.

However, the problem is where post-

establishment of the democratic party, there

are findings irregularities of bureaucratic

neutrality that exist in various regions in

Indonesia.

There is data obtained from the

official wibesite of the Election Supervisory

Committee (Panwaslu), that Panwaslu is rife

with reports on the role of the Civil State

Apparatus who play an active role in

political activity during the 2015 Local head

direct election Proeses. The data can be seen

in general data owned by the Supervisory

Board of the General Election of the

Republic of Indonesia (Banwaslu RI) that

there is a finding of the 2015 Local head

direct election Voluntary Index in South

Kalimantan Province as follows;

Image1.1. South Kalimantan Local head direct election Insecurity Index

Source: National Election Supervisory Board of the Republic of Indonesia

In Image 1.1. explained that Local

head direct election Insecurity Index in

Banjar Regency is quite high compared to

other regencies in South Kalimantan that is

2.42. The number 2.42 is considered a

sufficiently Insecurity number in the

calculation of the Indonesian Election

Supervisory Board (Banwaslu RI).

Then if we look at the information

submitted by the the Indonesian Election

Supervisory Board (Banwaslu RI). written in

the official wibesite of Bawaslu-RI

(http://www.bawaslu.go.id/id/berita/bawaslu

-handed-case-report -netnity-as-to-rn.) that

there is a report of the Indonesian Election

Supervisory Board (Bawaslu) stating that

there are 56 cases of ASN neutrality

violations that occurred in 56 locations,

among others, West Sumatra, Central

Kalimantan, South Kalimantan North,



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Kalimantan, Banten, Central Sulawesi,

North Sumatra, North Maluku, North

Sulawesi, Special Region of Yogyakarta,

Riau Islands, Tanjung Pinang, Lampung,

South Sulawesi, Central Java and East Java.

Even the Indonesian Election

Supervisory Board (Banwaslu RI) in the

delivery of information and its news

(http://www.bawaslu.go.id/en/berita/dilema-

netrality-pns-still-a debate) that there is

another information submitted by one of the

Indonesian Election Supervisory Board

(Banwaslu RI) leaders, which states that in

the implementation of direct Regional Head

Election (Pilkada) is often used by a handful

of certain elements by involving the State

Civil Apparatus (ASN).

The rise of neutrality cases that led

to bureaucratic apparatus certainly became a

serious problem that must be resolved

quickly. Regarding the case of neutrality of

the State Civil Apparatus that occurred in

the Banjar Regency itself there is no

information or news from the media either

from print media or from the electronic

media about the involvement of ASN in

political activities during the elections of

2015 ago.

However, there are unique facts in

the form of a letter issued by the Regional

Personnel Agency and Human Resource

Development of Banjar Regency concerning

the investigation of ASN involvement case

in the political campaign of certain

candidate of Regional Head in direct

Regional Head Election 2015 which was

addressed to ASN who served in one of

District Office in Banjar Regency.

On the other hand, widespread

preaching within the Banjar Regency

government itself concerns the existence of

one of the Primary Level Officials in this

case a Head of SKPD who nominates

himself as a candidate for Regional Head

who utilizes his position in his political

activities, this is the basis for the author to

traces ASN neutrality cases involving

existing Primary level officials in Banjar

Regency.

If you look at the phenomenon of

the involvement of a bureaucratic apparatus

in the political atmosphere during the direct

Regional Head Election period, then

according to Gaffar (1999: 356), of course

not in line with the purpose of good

governance. According to Gaffar (1999:

356) that a strong Government is a

government that has a good delivery system,

where the bureaucracy is able to perform its

duties with the maximum for the people

which become its foundation.

Weak rules and firmness from the

central government and local governments

can provide a space for a bureaucratic

apparatus to make deviations in the

government. Coupled with not yet the

maximum performance of independent

institutions (State Civil Apparatus

Commission) as stipulated in Law No. 5 of

2014 make added fertile cases of neutrality

that exist in the world of bureaucracy.

1.2. Purposes of the Research

Research is a fundamental tool for

scientific problem solving. For that the

research conducted by the authors currently

have a purpose, to analyze Banjar Regency

Civil State Apparatus Neutrality in this case

the Head of the Regional Device Work Unit

in Banjar Regency during direct Regional

Head Election 2015, to analyze what factors

caused aBanjar regency Civil State

Apparatus was not neutral during the

elections of the previous elections of 2015,

to analyze the appropriate model of

guidance for the State Civil Apparatus in

Banjar Regency through the local wisdom of

the people in the Banjar Regency. So as to

find the best coaching model that can be

done by the Regional Government of Banjar

Regency, with the aim to suppress the non-

neutrality of the State Civil Apparatus

during the direct Regional Head Election.

1.3. Literature Reviews

1.3.1. Local government.

If we look at the meaning of the

government then according to Rashid (2000:

13) states that something that the

government says is not held to serve the

community, creating conditions that allow

each member to develop the ability and

creativity in order to achieve common

progress. Rasyid and Ndraha's opinion is



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appropriate in the understanding of

bureaucratic apparatus in every region in

Indonesia.

In the application of the existing

government system in Indonesia, in the

context of government and government,

there will be differences between

government and government. If you look at

the opinions of Wasistiono and Fernandes

(2015: 92) then what is meant for the

meaning of government will be more to the

persons, bodies, or institutions that the State

gives legitimacy to govern.

Regional autonomy basically runs

within the framework of decentralization

policy to carry out the authority of

government affairs in the regions. In the

opinion of other experts mentioned in the

level of Autonomous Continuity control

theory, which Muttalib and Khan (1983)

have pointed out that regional autonomy are:

"A multi-dimensional concept,

which has been the target of

constant and powerful forces of

change. He has freedom in local

action, both in political,

administrative and financial terms,

has become something constant and

has a common characteristic in

every stage of its development.

However, on the degrees of

freedom it has undergone a

varization that depends on the

previously mentioned

environmental factors ", MIPI

(2013: 26

Predicting the Local Government, it

can not be separated from the organizations

in it. Public organizations according to

Denhardt (1984: 12) can be categorized as

an organization that is part of the

governance process, has some similarities

with private organizations, performs their

duties with professionals. Meanwhile, in the

view of Kartono (2005: 12) added that the

so-called organization is a coordinated

system of activities of groups of people

working together towards a common goal

under the authority and leadership.

1.3.2. Indonesian Democratic System

If it refers to the opinion of Al-

Khalidi (2013: 40) states that there are

characteristics of democracy are:

"First, there is sovereignty

belonging to the people absolutely.

The second feature is the majesty of

the general will of the majority. The

Third Characteristic that the

majority opinion is the standard of

truth and which expresses the

reality of truth. The fourth

characteristic of reason is the only

reference to make the Law ".

Seeing from what is conveyed by

Al-Khalidi is the system of democracy is a

system of government when prioritizing

public interests. Unlike the democratic

system that is present in Indonesia today

which is still busy struggling in the political

area. The public spaces are filled with the

problems of organizing the ideal elections,

structuring relations between state

institutions, legal politics and how to fix the

role of political parties as channeling the

aspirations of the people.

The presence of democracy must

not only be able to carry out problems in the

political field but also must solve problems

in all aspects of the field of life. This is in

line with what Huntington (1997: 5-6) states

that a political system can be said to be

democratic if the most powerful collective

decision-makers in the system are elected

through fair, honest, and regular elections

and within the system candidates are free to

compete for votes and almost all adults are

entitled to vote.

Then if looking at countries that do

not uphold the value of democracy though,

the General Election is usually held to give a

style of legitimacy of power (authority).

Surbakti (2010: 10-20) adds that free

General Election is the most important

requirement. Meanwhile, to see the side of

the objectives of the General Election can be

seen from three factors according to

Surbakti, namely;

"First, as a mechanism for

selecting government leaders and

alternatives general policy in

democracy. Second, as a



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mechanism for transferring the

conflict of interest from the

community to the people's

representative bodies through

elected representatives of the

people or through winning seats so

that community integration is

ensured. The third election is a

means to mobilize and or mobilize

popular support for the State and

government by participating in the

political process ".

1.3.3. Bureaucratic Neutrality

takes the opinion of Marx (1975:

114-115) that bureaucracy is a special group

with a class apart from the class of ordinary

people. Bureaucracy is a State or

government of a State. Marx also argues that

bureaucracy is a special tool used by the

dominant class to exercise its power and

seek to dominate over other social classes.

Thoughts about the bureaucracy

also conveyed by the Marx is also supported

by Thoha (2012: 9) which states that

bureaucracy is a system in which cooperate

which then facilitate efforts to achieve

organizational goals. While referring to

Ndraha's view (2003: 513) in relation to the

term bureaucracy that bureaucracy can be

interpreted as a "government by bureau",

namely the bureau government by apparatus

appointed by the holder of power,

government or the border in a formal

organization, public or private.

Seeing the opinion submitted by

Ndraha the bureaucracy can also be

interpreted as the nature or behavior of

government, namely stiffness, stuck,

twisted, and any negative charges against the

authorities. According to Ndraha

bureaucracy can be interpreted as an ideal

type of organization and usually bureaucracy

in this sense begins in Max Weber's theory

of sociologic rationalization of collective

activity.

With regard to the system of local

governance adopted and implemented at this

time, every local government official has no

public responsibility except in the area of

duty and responsibility that has been

imposed on him. Throughout the duties and

responsibilities as the machine is executed in

accordance with established processes and

procedures, which because of the

accountability of a government bureaucratic

official has been able to be realized, Thoha

(2003: 20).

Regarding the existing bureaucratic

figure in Indonesia, another opinion

submitted by Santoso (1997: 143) which

assess the figure of bureaucracy in Indonesia

that still features patrimonial style.

Patrimonial style in question is a history

thread that must and need to be considered

carefully. then Ratminto and Atik (2012:

120) state that the characteristics of

bureaucrats in Indonesia are;

"Emphasizes the interests of the

leader rather than the interests of

the client or the service user, feels

more as a servant of the State than

the public servant, minimizing risk

by avoiding initiative, avoiding

responsibility, rejecting challenges,

and disliking creativity and

innovation in performing his

duties."

The situation conveyed by

Ratminto and Atik is certainly a scourge for

the bureaucracy itself which should be able

to show its professionalism in its daily tasks

in which a bureaucratic apparatus should be

able to become a pillar of a country.

Understanding of bureaucratic

behavior is delivered by Ndraha (1989: 70),

who expressed his opinion that;

" Bureaucratic apparatus Behavior

is an interaction between

individuals in the organization of

the environment, because the

behavior of bureaucracy is

determined by the function of

individuals within the organization.

The organizational structure of the

government is characterized by the

characteristics, capabilities and

capacities of individuals or

apparatuses as State servants or

government and public servants

who are hierarchically in

accordance with their functions and

responsibilities ".



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The ongoing behavior of Ndraha

has led to the bureaucracy becoming

difficult to escape from the net of practical

political interests. In line with the above

opinion, then Dwiyanto (2002: 9) assume

that this is very closely related to the

historical process of bureaucracy in

Indonesia. In history in Indonesia it is

known that: "The history of bureaucratic

journey in Indonesia is never separated from

the influence of the political system that

takes place.

Whatever and however the political

system is applied during the period of the

history of government in Indonesia, the

bureaucracy still holds a central role in

people's lives. This can be seen in both the

centralized political system and the

democratic political system. We can also see

what has been applied in developed

countries, that the existence of bureaucracy

is difficult to keep away from the activities

and political interests of the government.

Referring to the opinion of Thoha

(2011: 26) that the government bureaucracy

can not be separated from the process and

political activity. In such circumstances it

would be very difficult for the bureaucracy

regardless of its political name. But of

course Thoha statement does not necessarily

prohibit political activities that exist in the

world of bureaucracy.

When viewed in the context of

Regional Head Election, the definition

means direct bureaucratic involvement to

become supporters of candidate pairs of

regional heads to gain or retain power in the

executive branch. While in government in

Indonesia, an effort to remove the

bureaucracy from political influence is no

longer just a discourse.

The circumstances under which

bureaucracy is in unneutral position are

alluded to above, since the reign of President

B.J. Habibie, has issued a fairly binding

regulation for the State Civil Apparatus that

must be nentral. The rule was initiated in

Government Regulation no. 5 of 1999 which

then issued a more firm regulation on

Government Regulation no. 10 Year 2010

which in essence emphasizes that Civil

Servants must be neutral from political

parties.

Reviewing the bureaucracy, it can

not be separated from the study of neutrality.

Neutrality comes from the word "neutral"

which means not helping or not following

one party, and neutrality is a neutral attitude,

Poerwadarminta (1976: 675). Based on that

understanding it can be seen that a person is

said to be neutral if he does not side with

two or more people or side with the

organization or institution in the

determination of something such as the

organization of political parties.

The neutrality of the bureaucracy is

a government bureaucracy that is impartial

to political forces and the dominant class of

political terms is called apolitic, in order to

be eternal of service and devotion to the

government and to the whole society or as a

servant of the state and people's servant,

Thoha (1990: 11).

Then if you see the meaning of

bureaucratic neutrality itself according

Sedarmayanti (2008: 344) is where the

bureaucratic apparatus is not affected by the

interests of certain political groups, so that

the apparatus can work to provide services

to the public without discrimination.

Whereas if quoting opinion from Noer (71:

2014) states that bureaucracy can be said to

be neutral if;

"First, bureaucracy is not a tool for

a particular political force.

Secondly, if there is no attempt by

the government to include political

parties in the bureaucracy. Third,

the promotion system is not

influenced by political parties.

Fourth, that bureaucracy is not

only a tool of the State in the

execution of its policies, but as an

instrument of State functioning in

the interests of the State, not the

interests of political parties. From

these explanations it can be

formulated that the position and

role of bureaucracy can be seen

from the nature of neutral,

transparent in the process of

recruitment, professionalism and

accountability.



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Law Number 5 of 2015 is a life guide For

every ASN in Indonesia. If what is

contained therein is difficult to understand

by every ASN it will be very difficult to

create an ideal state apparatus. Among the

rules set forth in Law No. 5 of 2015, there is

a rule concerning the management of ASN

in the ASN Management mentioned in

Article 1 paragraph 5.

If it refers to the Explanation sheet

of the Republic of Indonesia Law Number 5

of 2014 on State Civil Apparatus Article 2

letter f, there it is explained that what is

meant by Neutrality is "every ASN

employee is impartial from any form of

influence and does not favor anyone's

interests". Of course, the existence of this

Article requires that an ASN employee must

remain loyal on the one hand, namely the

Government of things for the writer can be

regarded as a concept called the concept of

monoloyality in ASN, so ASN should not be

loyal to a political organization other than

the government.

1.4. Research Design

The research method used in this

research is descriptive research with

qualitative approach. The approach is

chosen because this research seeks to gain a

new view of a symptom or to get a picture of

individual or group characteristics. As the

theoretical basis in understanding the

qualitative approach based on the opinion of

Bogdan & Taylor (Moleong, 2005) which

defines and understands the qualitative

method as a research procedure that

produces descriptive data in the form of

written or oral words of the people and

behavior that can be observed. The reason

for the use of descriptive method with the

intention that the results of the study will

provide a description or describe in a

systematic, factual and accurate to the object

to be examined.

The approach for strategy in this

study using case study strategy. According

to Stake (1995) in Creswell (2014: 20) that

case studies are research strategies in which

researchers carefully investigate a program,

event, activity, process, or group of

individuals. Cases are limited by time and

activity, and researchers collect complete

information using various data collection

procedures at predetermined time.

The qualitative research strategy is

primarily concerned with data collection,

data analysis, and research reports, but still

comes from various disciplines and

continues to evolve dynamically throughout

the research process (such as the types of

problems, ethical issues, etc.) which then

have a goal to include information about the

main phenomena explored in research,

research participants, and research sites,

Cresswell (2014: 21).

1.5. Discussion

1.4.1. Netralitas ASN Kabupaten

Banjar

The presence of autonomy rights

for the regions to manage their system of

government independently was able to

provide enough free space for the region to

fully regulate its government. A similar

situation is also felt by the Regional

Government of Banjar Regency where the

Regional Government of Banjar Regency

has the full right to regulate its government

in accordance with what has been

determined by the region and become the

policy that is in the region.

Freedom in governing the

government among others is the freedom for

the region to appoint and determine who is

eligible and appropriate to occupy the

existing positions in each units or Unit of

Regional Devices in the Banjar Regency

without any intervention or intimidation

from any party including from a Head of

Region even though it is a political

background.

However, such circumstances do

not always run in accordance with the ideals

and expectations. Certain individuals or

organizations who feel meritorious to the

successful election of a person to the Head

of the Region, usually contribute and feel

that they have the right to take part in the

government, including to have the right to

appoint a bureaucracy apparatus in a certain

position within the government. Such

circumstances will not occur if a Regional

Head is able to be firm and committed in



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enforcing the rules and applicable

Employment Act.

Reviewing the opinion of Hadjon

(2005: 214) which states that there is a legal

relationship between the state and the

government officials, which has been

affirmed with the provisions on limiting the

behavior of employees working in the state

institutions. This relationship is called the

public service relationship. The State Civil

Apparatus has a legal relationship, which,

according to Hadjon, the legal relationship

between the state and its employees is called

the Openbare Dienstbeterking relationship

(public service relationship).

If seen from what is conveyed by

Hadjon then State Civil Apparatus in Banjar

Regency has a clear legal ties where the

legal bonds limit every space and motion of

every State Civil Apparatus. Such law ties

can be seen in the applicable Personnel Law

such as Law Number 5 of 2014 on State

Civil Apparatus.

The Regional Government of

Banjar Regency has an obligation to run and

implement every applicable Civil Service

Act. It is intended that the wheels of

government in the region can run well. The

good running of the Employment Act is

intended to provide better benefits for every

State Civil Apparatus in Banjar District, so

that every State Civil Apparatus assigned in

Banjar Regency is able to realize and

understand the status as bureaucratic

apparatus that must be detached from the

influence political interventions and should

be neutral in political activities.

ASN participation or any influence

or even intervention on ASN in the world of

bureaucracy towards political activities does

not violate human rights but all of these

cases can damage the morals and behavior

of ASN itself as a servant of State and public

servant.

Such circumstances are due to the

fact that a bureaucratic officer involved in

political activities will certainly be more

preoccupied with political activities such as

political campaigns in disguise within the

government or the support of certain

candidates for a particular head of region

than his dedication to be undertaken. Such

circumstances will undermine loyalty,

credibility, and professionalism as

bureaucratic apparatus so that in the end will

disrupt the performance of the existing

government system in the region.

Then referring to the opinion of

Albrow (1996: 97) that local government

bureaucracy can be interpreted as an

organization that runs government activities

and regional development. So the

bureaucratic apparatus who have been able

to carry out government activities and

regional development without engaging in

political activities are considered to have

been considered to be the ideal bureaucratic

apparatus.

However, according to the author

of such circumstances is not enough to be a

parameter and measure that a bureaucratic

apparatus that has run the activities of

government and regional development can

be called the ideal bureaucracy so free from

cases of neutrality cases. the ideality and

professionalism of ASN can not only be

measured from the execution of duties in

running the activities of government and

regional development alone, but also seen

from other factors that support the success of

the government bureaucracy which is free

from the cases of the imprisonment of

bureaucratic apparatus apparatus.

These factors include the existence

of an awareness of the law and personnel

law that bind a bureaucratic apparatus,

understand the basic duties and functions of

a bureaucratic apparatus and understand the

status of himself as a servant and community

so that in carrying out the mandate of the

law free from intervention parties outside

the government.

Referring to Thoha (2014: 181)

explaining that bureaucratic neutrality is

where the government's bureaucratic

position is impartial or deliberately sided

with one political force or political party,

according to the Thoha writer it is precisely

but not enough just to understand impartially

or deliberately made in favor of political or

political forces alone.

Understanding of neutrality must be

able to cover to all aspect covering and

involving bureaucracy apparatus, either from



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neutral environmental aspect and clean from

political pressure or interest of a handful or

group of people, integrity of bureaucracy

apparatus and professionalism of

bureaucracy apparatus in carrying out duty

and responsibility he replied as the servant

of the State and the public servant.

It is intended that the existing

bureaucratic apparatus in the government is

able to work optimally with sincerity and

provide the best service to the public without

being based on the specific purposes behind

its obedience. Such circumstances also

certainly does not become an obstacle for

every bureaucratic apparatus to retain a high

sense of loyalty to its leader without regard

to the values and laws applicable in

government

Then refer to the opinion about the

neutrality of the bureaucratic apparatus

delivered by Sedarmayanti (2008: 344) is

that the bureaucratic apparatus is not

influenced by the interests of certain

political groups, so the apparatus can work

to provide services to the public without

discrimination. So according to the author

that a bureaucratic apparatus, who becomes

a servant of the State who then resides in a

government agency of course will be

required to work and run their duties and

functions in accordance with the provisions

of employment rules applicable in the world

of bureaucracy in a professional manner

without discriminatory in service.

Every task and responsibility

assigned or charged to a bureaucratic

apparatus is of course also arranged and in

accordance with the existing ASN

conditions in Indonesia where the

bureaucracy is to serve and also serve the

community. Therefore, such circumstances

can be said that the duties and

responsibilities that have been given to

every bureaucratic apparatus that has served

and served the community is part of the

dedication and loyalty to the nation and the

State.


provided by the State in the form of rules,

duties and functions of each State Civil

Apparatus is indirectly part of the activities

to build the State and must be independent

of activities outside the State's interests.

Given such conditions, it can not be said that

a bureaucratic apparatus can be called

neutral if it has carried out its duties and

responsibilities as ASN.

On the other hand, it can not be

said to be neutral in the atmosphere and the

conduct of elections if a State Civil

Apparatus does not work in accordance with

its assigned tasks and functions. Providing

the best services sincerely, professionally

and transparently to the community is of

course also a part of a role of the

bureaucratic apparatus that has been able to

carry out its main tasks and functions.

Being able to be professional and

unselfish to certain classes or groups and to

be impartial to anyone except to the State in

its service, of course, a necessity by every

bureaucratic apparatus that has always been

the targets of political parties.

As a servant of the State, it is

clearly defined in the civil service law as in

Law No. 5 of 2014 that a State Civil

Apparatus has the duty and responsibility to

be carried out. Therefore, a person or a

group of bureaucratic apparatuses in the

region are it can not be said to be neutral if

he has run his duties and obligations as the

servant of the State and the public servant.


assigned to it, is a system that is bound and

obligatory to be implemented by every State

Civilian apparatus in the Region. Such

circumstances, of course, can not only be

measured and seen from the sincerity in

work but also viewed from the side of

responsibility and professionalism.

When reviewing Law No. 5 of

2014 on State Civil Apparatus, it is for the

writer that the neutrality of ASN should be

fully positioned in the right circumstances.

In Law No. 5 of 2014 on State Civil

Apparatus Article 2 Letter F then there will

be an explanation of how a bureaucratic

apparatus should behave in facing the

existing political environment

Law Number 5 of 2014

Concerning State Civil Apparatus Article 2

Letter f on ASN Neutrality on Explanatory

Notes states that what is meant by ASN

neutrality is ASN is impartial from any form



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22

of influence and ASN does not favor any

interest. According to the authors, the

neutrality explanation contained in the State

Civil State Apparatus Article 2 Letter F is

still too general and still very difficult to be

understood by ASN especially by ASN who

work in Banjar Regency. Law Number 5 of

2014

The local government officials of

Banjar Regency will not be involved in the

campaign activities of certain pairs

candidate, but in the social activities that

exist within the community, a bureaucratic

apparatus will be very difficult to avoid the

political activities wrapped up in social

activities.

Such circumstances are actually

used by certainRegional head candidates to

more easily perform political activities

involving bureaucratic apparatus. According

to the author is an infiltration of political

activities in the bureaucracy in the name of

society.

In another example, the author also

obtained information such as the presence of

a bureaucratic apparatus who was accused of

not being neutral because of the personal

closeness relationship such as friends or

relatives who will compete to become a

pairs candidates for certain Regional Head.

Such circumstances certainly can not be

made a measure that the ASN is not neutral.

We can not easily accuse an ASN is

not neutral, which is due only to a personal

closeness between a State Civil Apparatus

and a certain Regional Head candidate.

Personal closeness only is not enough to

make a bureaucratic apparatus can be said to

side with one or a particular party.

Similarly, if a bureaucratic officer

enters the voters to determine his choice.

Surely he has a tendency to one particular

pair of candidates who according to him

good and in accordance with the desired

criteria. Such a situation is certainly not to

say a bureaucratic apparatus is not neutral.

Because it is considered to vote or help

certain candidate pairs or certain parties.

The creation of a good governance

system in which the bureaucratic neutrality

is guaranteed, certainly does not necessarily

arise without the efforts of the Regional

Government to establish a bureaucratic order

in accordance with applicable law. The

presence of political people into government

is not a new and inevitable matter.

The clear rule in our state system of

government gives space and opportunity for

political people to enter the world of

bureaucracy. In the system of government in

the State of Indonesia, it embraces the

freedom to politics. Such a situation actually

has a substantial share of ASN, which is

finally involved in political activities.

The absence of criteria and intent

which explains the notion of ASN is

impartial any kind form or influence and

ASN does not help the interests of anyone as

stated in the ASN Act No. 5 of 2014 will

only result in multi interpretation of the

explanation of the article.

Each of ASN will only be able to

interpret according to their respective

interpretation and understanding. According

to the authors themselves the meaning of

ASN is impartial from any form of influence

and ASN does not favor anyone's interest is:

1. ASN does not take sides from

any form of influence, that

ASN is impartial or affected

from or to non-governmental

organizations or institutions.

Whereas the ASN does not

become a member and or

administrator of a particular

political party, does not take

sides and show open support of

political parties publicly, does

not engage in activities of

political parties conducted by

political parties, does not use

State facilities and authorities

derived from positions for the

interests of political parties

such as activities to support

social institutions that have

nothing to do with government

activities or join political

institutions.

2. As for the purpose of the

sentence ASN does not favor

anyone's interests according to

the author is to refer to a

person's personal or individual.



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23

So an ASN does not take sides

to anybody's spouse, whether

he is a person who is in the

government even more people

who are outside the

government.

1.4.2. Non-neutral Factors

It is very difficult to define a

bureaucratic apparatus to take sides or even

gain influence from certain political

organizations during the election period. In

the proof of course there must be strong

evidence to prove that an ASN is involved

or involving theirself in political activities.

The State Civil Apparatus in Banjar

Regency does not allow for the attitude of

providing the best service to his superiors

who want to run for regional heads,

including providing political support to his

superiors and excessive personal fanaticism.

This can be proven by internal conflicts

within the bureaucracy itself.

The presence of feelings and

displeasure at the point, the number of

complaints and even order rejection from

ASN to their superiors attitudes who want to

run for the Head of Region by trying to

invite, persuade and even intervene

subordinates to prove that patron client

political culture does not occur in the Banjar

Regency during direct regional head

ellection 2015 ago. And also this situation

becomes explanatory that how might the

boss will be firm in the rejection of political

activities undertaken by his subordinates if

that happens is the boss itself that creates the

political atmosphere within the government.

It is appropriate that the

government bureaucracy should not be a

tool for a particular political force, but the

reality that exists in the field, especially in

Banjar Regency about the pressure or

intervention of a leader to his subordinates

really happened. Such problems are indeed

very difficult to lift to the public. The lack of

strict government regulation if a

bureaucratic apparatus who wants to join a

political party or run for candidacy as a

candidate for Head of Region in Banjar

regency actually gives space for ASN to

influence other ASNs involved in political

activities.

The application of strict legal rules

for ASNs that violate ASN neutrality values,

according to the authors are still selective.

The law still feels there is a gap between

medium-ranking officials and high-ranking

officials. This can be the authors prove from

the results of interviews conducted to ASN

who served in a particular SKPD where the

leadership of the SKPD is running as a

candidate for Regional Head who still has

the authority to move his subordinates.

On the side of legal confirmation of

the applicable laws and regulations is still

lacking. The existence of a sense of

inconvenience in cracking ASN who do or

engage in political activities because of a

sense of solidarity, friendship and

brotherhood is a separate problem in Banjar

District. This situation will increase the

political activity in the government.

The cases of neutrality of the State

Civil Apparatus especially those involving

the High Leader of Primary or Head of

SKPD in various regions in Indonesia,

especially in Banjar Regency in direct

regional head ellection 2015 ago is very

difficult to be proved and raised in

thesurface. According to the authors the

sense of solidarity among bureaucratic

officials turned out to be part of the main

cause of why the case of neutrality can not

be proven

Personal closeness and sense of

humanity still outweigh the applicable

employment rules. Such a situation is not a

good thing to do, just the opposite. By

covering the blame of bureaucracy personnel

who violate the norms of staffing by doing

political actions within the bureaucracy

would lead to added fertile practical political

culture.

According to the authors if leaning

and referring to the meaning of neutrality

contained in Law No. 5 of 2015 article 2

letter f just is not enough. However, the

criteria and limits of neutrality must be

added in particular. On the other hand, there

are also rules of support rule in which there

are ways or models of neutrality case



15th




24

handling for the ASN especially in the

Region.

1.4.2. ASN Development Model

For the handling of neutrality cases

that occurred in Banjar Regency, according

to the author the best way to solve the

problem is by utilizing local wisdom owned

by Banjar Regency. Local wisdom is to

utilize the resources owned by the Regional

Government of Banjar Regency to suppress

the problems of neutrality during the

democratic party held in the area.

Resources owned by the local

government of Banjar Regencyare ;they

have religious leaders who become role

models for the people of Banjar Regency.

Banjar Regency is an area that gets the

nickname Serambi Makkah Region where

the community is very religious and a bit

much local government has a Regional

Regulation that comes from Islamic laws.

Such circumstances can certainly be an

opportunity to apply religious values within

the government.

Obedience to religious laws can be

a great potential for pressing cases within

the government. The author argues that in

the presence of a model or a way that is

appropriate to the character of Banjar

religious community, it will be very easy

and able to suppress the neutrality problem

of the existing bureaucratic apparatus in

Banjar Regency.

The model or the best way

according to the author is to use the method

" Character and Religion Education Pattern

Model (Model of Religios and Character

education system)". Character and Religion

Education Pattern Model (Model of Religios

and Character education system) is an

educational model for government

bureaucratic apparatus in which the Local

Government seeks to shape the patterns of a

reliable and professional bureaucracy

apparatus from an early age before

occupying a certain position where in it

embedded religious values.

Application of the model can be

done by providing education or training by

government experts such as Lecturers or

Teachers of Government Science in

Indonesia to the State Civil Apparatus who

served in the Banjar Regency about good

governance and the figure of an reliable and

professional bureaucracy officer.

As for the education of religious

values, the Regional Government of Banjar

Regency can utilize the figures and religious

experts who exist in the Banjar Regency to

teach and inculcate the values of obedience

and obedience to the laws of religion in

which can implemented by inculcating

obedience as well as compliance with

applicable employment rules.

The presence of Character and

Religion Education Pattern Model (Model of

Religios and Character education system) it

is expected that cases of neutrality problems

that always arise in the world of

bureaucracy, especially in Banjar regency

can be reduced or even lost. With the

implementation of Character and Religion

Education Pattern Model (Model of Religios

and Character education system) it is

expected also will appear awareness of

every bureaucratic apparatus in Banjar

regency that a position is a trust that is only

given to people who are considered capable

to carry it . So that will not appear a

condition in which a bureaucratic apparatus

will be busy doing political activities in

order to get a certain position.

The ultimate goal in the Character

and Religion Education Pattern Model

(Model of Religios and Character education

system) is where the Regional Government

of Banjar Regency has a good governance

that is accompanied by a bureaucratic

apparatus that is reliable and professional

and able to apply religious values in their

daily life as government bureaucratic

apparatus.

1.6. Conclusion

1. There is no case of neutrality

raised to the public domain

about the involvement of ASN

or the Head of the Regional

Work Unit in Banjar Regency

in political activities during

direct regional head ellection

2015 ago. However, when

examined further about the



15th




25

case of neutrality in the scope

of the Regional Government of

Banjar regency during direct

regional head ellection 2015

then found a seriuas problem

where there is a State Civil

Apparatus person who still

served as a local level officials

(Head Unit of Regional Work

Unit) in Banjar regency that

wants to run for candidate of

Banjar Regent is trying to

create political atmosphere into

the government.

2. There are factors causing an

ASN to be not neutral in the

atmosphere of elections. These

factors include weak

supervision, weak law

enforcement, ambiguity of

meaning neutrality, desire to

rule, intervention and influence

of leadership, political

maneuver, solidarity and

brotherhood.

3. The best way to solve the

problem of State Civil

Apparatus neutrality in Banjar

Regency is to utilize the local

wisdom owned by Banjar

Regency. Local wisdom is by

utilizing the resources owned

by the Regional Government

of Kabupaten Banjar through "

Character and Religion

Education Pattern Model

(Model of Religios and

Character education system)".

1.7. Suggestion

In the research results conducted by

the current author, the author tries to offer a

solution of problems that arise in the

existing bureaucracy in the Regional

Government so that later can be used as a

reference and guidance for the Local

Government in organizing its government

well. Suggestions that can be given by the

author are as follows:

1. The Regional Government of

Banjar Regency must continue to

supervise the ASN, the

socialization of the Civil Service

Act and provide civil service

education to the entire civil State

apparatus in the Banjar Regency in

a sustainable manner, especially for

ASN who served in areas far from

the central government, with the

aim of suppressing the act of

bureaucratic irregularities in

government and to avoid the use of

positions owned by a State Civil

Apparatus.

2. Must be a more concrete

explanation of ASN Law Number 5

Year 2014 on the meaning of

neutrality as stipulated in article 2

letter f. The Regional Government

of Banjar Regency should also be

more courageous to assert the cases

of political nuances in the

government and must dare to

process the resignation of a State

Civil Apparatus who runs for Head

of Region candidate without seeing

the rank and position inherent.

3. The local government of Kabupaten

Banjar must strive to implement the

best employment model to suppress

cases of neutrality within the

government. The existence of local

wisdom possessed by Banjar

Regency becomes an opportunity to

create an appropriate employment

model. The model is "Religios and

Character education pattern Model

Beragama (Model of Religios and

Character education system)".

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http://obsessionnews.com/netralitas-pns-di-tiga-daerah-dipertanyakan/

http://obsessionnews.com/netralitas-pns-di-tiga-daerah-dipertanyakan/

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