JHCLS
Vol. 6 No. 2 (2026): Journal of Human Rights, Culture and Legal System

State Civil Apparatus Neutrality Policy in General Elections: Lessons from Several Countries

Sri Handayani (Constitutional Court of the Republic of Indonesia, Jakarta)
Albertus Sentot Sudarwanto (Faculty of Law, Universitas Sebelas Maret, Surakarta)
Enny Nurbaningsih (Constitutional Court of the Republic of Indonesia, Jakarta)
Rosalia Agustin Shela Hendrasmara (School of Law and Social Justice, University of Liverpool, Liverpool)



Article Info

Publish Date
16 Jul 2026

Abstract

This study evaluates the legal framework governing State Civil Apparatus neutrality in Indonesia by examining how recurring neutrality violations, political intervention, ineffective sanctions, and the transfer of supervisory authority under Law Number 20 of 2023 have weakened bureaucratic professionalism and electoral integrity. This study employs normative legal research by applying statutory, conceptual, case, analytical, comparative, and philosophical approaches. It examines primary, secondary, and tertiary legal materials through qualitative legal analysis and draws conclusions using deductive reasoning. The findings demonstrate three major conclusions. First, Pancasila, constitutional principles, and good governance provide the legal and philosophical foundation for State Civil Apparatus neutrality by requiring a professional, impartial, and politically independent bureaucracy. Second, the existing supervisory framework fails to ensure effective neutrality enforcement because institutional dependence, fragmented authority, and conflicts of interest weaken regulatory implementation. Third, this study reconstructs the regulatory framework by establishing an independent supervisory institution, strengthening legal provisions on neutrality, protecting whistleblowers, regulating digital conduct, and integrating administrative and electoral sanctions to improve bureaucratic integrity, strengthen legal certainty, and promote democratic governance.

Copyrights © 2026






Journal Info

Abbrev

JHCLS

Publisher

Subject

Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

Description

Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of ...