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Netrality of Civil Servants

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CIDISS. A total of 171 regions in Indonesia will hold the third regional head election (Pilkada) in the third wave in 2018. Ahead of this elections 2018, State Civil Apparatus (ASN) / Civil Servants (PNS) has been reminded to be neutral at this democratic party.

In the existing regulations, civil servants can not participate in practical politics. Therefore, civil servants are state apparatus that must maintain neutrality in the democratic stage of election of both elections (elections) and elections.

Civil Servants (PNS) must be neutral in Pilkada Serentak 2018, Election Legislative (Pileg) and Presidential Election (Pilpres) 2019. There are severe sanctions if this is violated. This is in accordance with the decision issued by the Minister of Administrative Reform and Bureaucracy Reform (MenPAN RB) Asman Abnur in the official website of the Cabinet Secretariat.

Letter numbered B / 71 / M.SM.00.00 / 2017 was issued and established MenPAN RB on December 27, 2017 and has been sent to state officials from Cabinet of Work ministers to governors, regents and mayors to be implemented.

In accordance with the decision of the Constitutional Court Number 41 / PUU-XIII / 2014 dated July 6, 2015, civil servants who run or nominate to be governors / representatives, regents / representatives, mayors / representatives, shall declare resignation in writing as civil servants since as a candidate for election.

In Act No. 10 of 2016, candidate pairs are prohibited from involving ASN members of the Police and members of the TNI, Village Head or other village apparatus. In accordance with Article 71 Paragraph (2) of Law Number 10 Year 2016, the Governor / Representative, Regent / Deputy, Mayor / Representative, is prohibited from changing the officer 6 months prior to the date of appointment of the candidate pair until the end of the term of office unless written approval from the Minister.

Governors / representatives, regents / representatives, mayors / million representatives have been advised not to use the authority of programs and activities that benefit or harm one of the candidate pairs either in the region itself or in other areas 6 months prior to the date of determination of the candidate pair up to the establishment of the candidate pair selected. The provisions shall also apply to the acting governor or acting regent or mayor.

The existence of strict sanctions given to ASN / PNS are not neutral, of course will create a deterrent effect so that this will have a positive impact on public servants to the public. This is because ASN / PNS does not have a veiled mission from the candidate or local officials that he supports.

By: Mirwan Achmad *)

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