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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.
Every task and responsibility
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.
Every task and responsibility
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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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
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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
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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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