ANALISIS YURIDIS NETRALITAS APARATUR SIPIL NEGARA DALAM KONTESTASI POLITIK DITINJAU DARI HAK ASASI MANUSIA

The neutrality of Civil Servants (ASN) is a fundamental principle in a democratic legal state bureaucracy aimed at maintaining professionalism and protecting civil servants from political conflict of interest. However, in political contestation practices, this principle is often violated by both civil servants and political actors. This research aims to analyze the regulation of ASN neutrality in Indonesia’s ius constitutum, and examine its legal implications from the perspective of Human Rights. The method used is normative juridical with statutory and conceptual approaches.
The results indicate that the neutrality of ASN is clearly regulated under Law Number 20 of 2023 and various derivative regulations. Nonetheless, significant challenges remain in its enforcement. From a human rights perspective, restrictions on the political rights of ASN are legally justified if based on proportionality, legality, and public interest. Referring to C.J. Friedrich’s theory, this issue touches on three dimensions of rights: rights, as the formal recognition that civil servants still possess political rights even when restricted; liberties, as the individual political liberties that must be subordinated to the ethical and legal duties of public office; and freedom, as the internal freedom from political coercion within the bureaucratic structure. Disparities between legal norms and actual practices may infringe upon the civil freedoms of ASN as citizens.
In conclusion, the regulation of ASN neutrality is legally aligned with the principles of the rule of law and human rights, but institutional enforcement and normative application need to be improved to ensure that civil servants remain professional without being deprived of their fundamental rights.