Not Only About Electoral Law

Not only about electoral law, Puadi: Handling the neutrality of the state civil apparatus is also a matter of government administrative law

Jakarta - Members of the General Elections Supervisory Body Puadi stated that the handling of the neutrality of the State Civil Apparatus in the election must be enforced through a comprehensive perspective. For him, the concept of handling the neutrality of the State Civil Apparatus must be interpreted not only from the point of view of electoral law, but must also be interpreted from the legal side of government administration as well.

So far, according to Puadi, the General Elections Supervisory Body is still faced with technical legal problems, in particular the interpretation of the norms for upholding the neutrality of the State Civil Apparatus as regulated in the Election Law, the Pilkada Law and the State Civil Apparatus Law itself.

"The neutrality of the State Civil Apparatus cannot be interpreted in terms of the 'an sich' election, but must be interpreted from the side of government administration. This is what we must understand," said Puadi during the Drafting of the Concept for Handling the Neutrality of the State Civil Apparatus in the 2024 General Election, in Jakarta.

He emphasized that all election supervisors must have this perspective so that there will be no 'ambivalent' and dichotomous views between the Election Law, the Pilkada Law and the State Civil Apparatus Law in dealing with violations of the neutrality of the State Civil Apparatus in the 2024 General Election.

Furthermore, Puadi revealed the issue of sanctions in handling the neutrality of the State Civil Apparatus. He said, the violation of the neutrality of the State Civil Apparatus in the State Civil Apparatus Law was imposed only as an administrative sanction. However, the Election Law and the Pilkada Law contain two sanctions, namely administrative and criminal.

"There is one authority that is not the authority of the General Elections Supervisory Agency which must then be recommended with authority to other regions or other institutions, maybe we can categorize it with other violations whose legal products are only limited to recommendations to be followed up by the authorized institution to provide administrative sanctions," said the man. from the Betawi Land.

Finally, Puadi asked election supervisors to not only focus on the neutrality of the State Civil Apparatus, but Bawaslu should also focus on the neutrality of the Indonesian National Police and Armed Forces. "Don't be afraid, we must continue to say that the Army and Police are wrong," he asked.

"Don't let election justice focus on the neutrality of the State Civil Apparatus," added Puadi, closing the forum.

Editor: Reyn Gloria

Photographer: Jaa Pradana