Normative Review of the Clash Between Human Rights and ASN Neutrality in Freedom of Speech

By Muhammad Haaziq Bujang Syarif

26 Oct 2024 08:42 WIB 26 October 2024 08:42 WIB 5 minutes reading time: 5 minutes 59 read

As state administrators, ASN's rights are limited, especially the right to speak, in order to maintain neutrality. However, how is it harmonized with human rights?

Normative Review of the Clash Between Human Rights and ASN Neutrality in Freedom of Speech

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Table of Contents

The Destruction of Democracy Without ASN Neutrality
The Clash of ASN Neutrality with Human Rights
Harmonization of Human Rights with ASN Neutrality
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Legal Literacy - This article discusses the importance of the neutrality of the State Civil Apparatus (ASN) in maintaining democracy in Indonesia. It is emphasized that ASN neutrality is key to the implementation of fair and non-interventionist elections, even though it contradicts freedom of expression as part of human rights. This article explores the conflict between ASN neutrality and freedom of speech and the urgency of maintaining democratic stability.

The Destruction of Democracy Without ASN Neutrality

Democracy is a system that can be said to be the worst system, but there is no better system than it. The system offered by democracy opens up opportunities for everyone to participate, both directly and representatively. The application of representative democracy is influenced by the fact that the application of direct democracy cannot and is not ethically realized.[1] Therefore, elections and regional elections are implemented as a form of participation and control from the people.

As a democratic celebration, the implementation of elections and regional elections demands the readiness of the state as the organizer of the democratic celebration. Independent state institutions such as the General Election Commission (KPU), the Election Supervisory Body (Bawaslu), and the Election Organizer Honorary Council (DKPP) are deployed so that the democratic celebration runs as it should. One form of concrete state preparation is the impartiality of the state which can influence the process to the results in the democratic celebration. The dark stain of state intervention once occurred during the New Order (Orba) era which then reduced the meaning of democracy itself.

One of Orba's accomplices in influencing the democratic celebration was the alignment of ASN in accordance with the Government's direction. ASN as one of the state instruments was deployed to perpetuate the rulers together with other state instruments, such as the Indonesian Armed Forces (ABRI). The fall of Orba, which was marked by the entry of the reform era, gave rise to massive changes, especially those concerning the neutrality of the state instrument. The state began to fix ASN so that ASN was no longer used as a tool to perpetuate power with ASN involvement during the democratic celebration.