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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Section 3/3: Harmonization of Human Rights with ASN Neutrality

Harmonization of Human Rights with ASN Neutrality

If neutrality is compared with freedom of expression, the urgency of ASN neutrality is far higher than prioritizing this freedom. State stability will be threatened because without ASN neutrality, the implementation of democratic celebrations will be disrupted because it will be influenced by conflicts of interest. If the implementation of democratic celebrations is disrupted, leadership succession will be affected. In addition, freedom of expression is also legally limited by law. By looking at these aspects, it can be concluded that prioritizing neutrality over freedom of expression has a higher level of urgency.

Source:

[1] Franz Magnis-Suseno, Political Ethics: Basic Moral Principles of Modern Statehood (Jakarta: Gramedia Pustaka Utama, 2023), p. 370

[2] Dairani & Fadlail (2023), “The Concept of Regulating ASN Neutrality in the 2024 Simultaneous Elections and Regional Head Elections” in Lisan Al-Hal: Journal for the Development of Thought and Culture, Vol. XVII, No. 2/2023, p. 253

[3] Aswanto & W. Silahi, Protection, Respect, and Fulfillment of Domestic and International Human Rights (Depok: Rajawali Pers, 2021), p. 3.

[4] Eko Riyadi, Human Rights Law: International, Regional, and National Perspectives (Depok: Rajawali Pers, 2020, p. 163

[5] Ibid, p. 58

[6] Tedi Sudrajat & Agus Mulya Karsona (2016), “Questioning the Meaning of Civil Servant Neutrality in Law Number 5 of 2014 Concerning State Civil Apparatus” in Jurnal Media Hukum, Vol. XXIII, No. 1/2016, p. 89

[7] Aditya et al., Contemporary State Administrative Law: Concepts, Theories, and Applications in Indonesia (Depok: Rajawali Pers, 2023), p. 34

[8] Marbun & Mahfud, Fundamentals of State Administrative Law (Yogyakarta: Liberty, 1987), p. 100