Theoretically, bureaucracy should be neutral from political affairs. This neutrality should be implemented by current regime. In fact, ASN (civil servant) is prohibited to get involved in political activity such as attending political campaign and activity (including non-campaign activity such as taking picture with the campaign participant, etc). According to researchers, this ban is similar with as if the ASN is prohibited from having political preferences, and this is contrary to the nature of humans as zoon politicon (political being). Besides, neutrality also embraced non-civil servant whom has be in charge on governmental institution such as Village Head (Kepala Desa) and his/her apparatus, including Village Council (Badan Permusyawaratan Desa). Even if it is prohibited, in 2019 general election, the Election Supervisory Board (Bawaslu) found 1096 cases violation which is committed by ASN, TNI and Polri. The discussion of this research will only focus on civil servant disobedience on neutrality towards political affairs. How neutrality regulation affected ASN? Why does it difficult to actualize ASN neutrality. The research question will be answered by the library method of studying the rules relating to ASN neutrality and also books on bureaucracy and politics. This research shows that rule according to neutrality on Law no 5 in 2014 related to ASN only mentioned that ASN is prohibited to be member and political party committee. However, the rules below which are reinforced by Law No. 7 of 2017 concerning Elections keeps ASN from having political preferences, even the ranks of village government are treated the same as ASN. Another thing that makes the ASN neutrality difficult is that the career position of an ASN is determined by the Regional Head who is a political official who acts as a PPK (Officer of Staff Assessment). The rules that exist after the issuance of Law No. 5 of 2014 concerning ASN should be revised and PPK should be the Regional Secretary not the Regional Head.


Keyword: election, bureaucracy, neutrality, ASN.