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All Journal Lex Journal : Kajian Hukum dan Keadilan
Atmanur Hajar Wagiman
Universitas Doktor Husni Ingratubun Tual, Maluku, Indonesia
Law, Crime, Criminology & Criminal Justice

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Reconstruction of Legal Regulations Regarding the Neutrality of the State Civil Apparatus from the Perspective of Kinship Relations in Island Communities Barbalina Matulessy; Atmanur Hajar Wagiman
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12562

Abstract

The neutrality of the State Civil Apparatus (ASN) is fundamental to professional, integrity-driven governance, as enshrined in Law No. 20 of 2023. However, existing regulations fail to address how kinship ties in archipelagic communities influence ASN independence during local political dynamics. Strong familial, genealogical, and customary bonds in island societies create distinct compliance challenges, necessitating a legal reconstruction that accommodates social realities without compromising the rule of law, democracy, or the merit system. This normative legal study analyzes current ASN neutrality regulations, identifies normative weaknesses regarding kinship in archipelagic contexts, and formulates a legal reconstruction concept to reinforce neutrality. Using statutory, conceptual, comparative, and case approaches, primary, secondary, and tertiary legal materials were prescriptively analyzed through legal interpretation and argumentation. Findings reveal that current regulations rely primarily on administrative prohibitions and sanctions, overlooking sociological factors like kinship. Effective legal reconstruction must strengthen merit systems and oversight while integrating ethical dimensions, legal culture, and archipelagic characteristics into civil service policies. This reform will establish a more responsive legal framework that guarantees legal certainty, fairness, and ASN neutrality in democratic governance.
Co-Authors Barbalina Matulessy