EFFECTIVENESS OF THE BAWASLU IN OVERSIGHT OF THE NEUTRALITY OF THE STATE CIVIL APPARATUS IN REGIONAL HEAD ELECTIONS

Abstract

The State Civil Apparatus (ASN) is required to be in a neutral position. Neutral here means that ASN has the right to vote to choose a candidate pair in the general election, but is not allowed to be involved in mutual support for one of the candidate pairs, including the incumbent pair. This writing uses the library research method to examine secondary data. The regulation of Bawaslu's role in carrying out election supervision is Law Number 7 of 2017 concerning General Elections, Law Number 10 of 2016 concerning Election of Governors, Regents and Mayors. Bawaslu's duties and authority in the election of regional heads of regents are regulated in Article 101 of Law Number 7 of 2017 concerning General Elections. The implementation of Bawaslu's role in supervising the neutrality of ASN is as an election supervisor, including supervising the neutrality of ASN, TNI and Polri. On this basis, Bawaslu's authority in handling ASN neutrality is not only in the context of law enforcement (pro justitia) but also in the context of carrying out supervision or in other words, the entrance to Bawaslu's authority in handling ASN neutrality can be through the supervisory function and can also be through the law enforcement function.