Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No 3 (2026): September

Reconstruction of Legal Regulations Regarding the Neutrality of the State Civil Apparatus from the Perspective of Kinship Relations in Island Communities

Barbalina Matulessy (Universitas Doktor Husni Ingratubun Tual, Maluku, Indonesia)
Atmanur Hajar Wagiman (Universitas Doktor Husni Ingratubun Tual, Maluku, Indonesia)



Article Info

Publish Date
25 Aug 2026

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.

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Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...