ASN Neutrality as a Political Legal Fiction and Impunity Mechanism
Furthermore, I challenge the conventional view by stating that neutrality in our regulations actually works as a structural impunity mechanism. This is the essence of the political legal fiction I mean. Different from classical legal fictions that aim for technical efficiency, this fiction works as a depoliticization tool that obscures accountability. When the bureaucracy is politicized, the law argues that it is a "deviation of individuals," even though it is an inevitable consequence of systemic design. This concept of neutrality becomes a cloak that allows political actors to enjoy electoral gains from the bureaucratic machine without having to bear their political sins openly. This is the most sophisticated form of legal manipulation: using the law of neutrality to perpetuate non-neutrality.
Political Co-optation Strategy that Undermines ASN Neutrality
The modus operandi is increasingly visible. The rampant use of "Acting Officer" (Plt) status ahead of the political year is not merely an administrative phenomenon, but a conquest tactic. Plt officials whose positions are weak are easily replaced at any time, forcing them to be absolutely obedient to political orders. Coupled with the uncertainty of the position of external supervisory institutions in the dynamics of the latest regulations, our institutional firewall collapses. Without strong oversight, the phenomenon of Shadow Bureaucracy where the success team controls the service from behind the scenes is increasingly free. At this point, neutrality ceases to be a principle, and turns into a mere rhetorical tool.
Reconstruction of ASN Neutrality: From Passive Neutrality to Accountable Professionalism
So, will we continue to persist with this obsolete rhetoric? It is time for us to offer a radical reconstruction. The solution is no longer moral appeals, but a paradigm shift from "passive neutrality" to "accountable professionalism" through revision of authority. The concrete step is to revoke the authority of HR management from the hands of the Regional Head (PPK) and hand it over to an independent national talent management institution or the Regional Secretary based on central meritocracy.
Risks of ASN Neutrality Reform and the Danger of Decay of the Rule of Law
This approach certainly contains the risks of technocratization and excessive centralization. However, these administrative risks are far more controllable and measurable than the danger of decay of the rule of law due to partisan political co-optation that is happening today. This step is a constitutional imperative of Article 1 paragraph (3) of the 1945 Constitution, which requires the bureaucracy to work based on law and rationality, not momentary political preferences. Leaving the PPK's authority in the hands of politicians is the same as allowing systematic violations of the General Principles of Good Governance (AUPB).
Failure to Guarantee ASN Neutrality and the Future of Bureaucratic Independence
In the end, we must dare to admit that the current legal design has failed to protect the bureaucracy from political co-optation. Maintaining sterile rules is the same as allowing the state to be managed with double standards. The law must be present not as cosmetic image-building, but as a sword of justice that cuts off the chains of bureaucratic feudalism. Because, a bureaucracy that is forced to be neutral without independence is not being guarded, but is being used as a tool of power.
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