Syafruddin, an active police general, said that the law had forbidden civil servants from criticizing the government, without specifying which law he was referring to. The ASN refers to civil servants (PNS) and state employees with employment agreements (PPKK).

“Yes, the law [said] so, [they should] stay in their roles, not in the criticizing role. Giving progressive input and advice is alright, but not in the public sphere, especially by making a scene and launching attacks. There are rules that should be followed,” he said at the Vice Presidential Palace in Jakarta on Tuesday.

The statement was made in light of the investigation of the Kampar Police in Riau into a civil servant in the province who allegedly posted online a negative comment regarding the recent knife attack against Coordinating Political, Legal and Security Affairs Minister Wiranto. KompasTV reported on Monday that the Kampar administration would impose a sanction against the civil servant if the latter was proven guilty.

“For every child of the nation, whether the ASN, law enforcers, media and the general public, there are regulations binding each of them,” Syafruddin said.

Bivitri Susanti, a constitutional law expert from the Jakarta-based Jentera School of Law, said that Law No. 5/2014 on ASN contained a wide code of ethics that the ASN must follow, but it did not outright prohibit them from criticizing the government in public.

“That there is a code of ethics for ASN is reasonable because, to be fair, every company has one as well. What shouldn’t have been allowed was a public official announcing [the prohibition] through mass media to create fear. That was unethical [...] and not in line with freedom of expression,” she told The Jakarta Post on Wednesday, suggesting that the statement had come off as a threat to the ASN.

With the code of ethics, which according to Bivitri “was so wide it could lead to many further interpretations”, ASN suspected of violating it would not face criminal charges but would rather be questioned by the Civil Service Commission (KASN). The KASN, then, would recommend whether any sanction would be imposed on the ASN, which ranged from a warning to a dismissal, she said.

“What’s important, then, is to pay close attention to the ethical questioning process. The classification of violations can’t be done carelessly,” she said.

Another constitutional law expert, Feri Amsari of Andalas University in West Sumatra, also criticized the minister’s statement, suggesting that the minister should differentiate between the ASN and the police.

“The minister might have thought [the ASN] was a police institution. In my opinion, the perspective is wrong. It’s better not to subject the public to repressive actions and policies. [...] What is the measurement of criticism? If their boss is wrong and is corrupt, can’t they criticize them? The ASN is not like the police, which adopts the command system. For ASN, there is only cooperation,” he said.

Feri said that for ASN like himself, who works in the academic field, “criticizing the government is part of their devotion to the people”.

The ASN also comprises lecturers working for state universities, as well as researching at the Indonesian Institute of Sciences (LIPI), a non-ministerial governmental body for science and research.

Scholar Refly Harun said Syafruddin should not have generalized all ASN, as those with “intellectual responsibilities” must have the freedom to contest government policies. He acknowledged, however, that other ASN were not privileged with such a role and should be mindful of the code of ethics.

“The other ASN can voice their opinions directly to the bureaucracy, of which they are a part. If they want to criticize the government’s policies, what capacity do they have? They don’t have the academic legitimacy. However, they can still criticize the public services,” he said.

Refly, however, urged the government to remain consistent, specifically when it came to ASN neutrality during political contests. Articles 2 and 9 of the ASN Law stipulate that ASN shall remain neutral, free from any influence and intervention by any political parties or factions.

“The government should be consistent in enforcing the regulation against those siding with the government and those with the opposition,” he said.

Civil servant Wina (not her real name), 33, who is based in Ambon, said that the minister’s statement had made the rounds of her WhatsApp work groups.

She argued, however, that criticism should be distinguished from hate speech. Hence, criticism should not be restricted.

“We can’t compare the government to private firms. When it comes to the government, as ASN we are also citizens who have the right not only to vote in elections, but also to voice our opinions during the running of the government. [...] The policies made by the government apply to everyone, including the ASN, so criticism, as long as it is within a reasonable boundary, should not be a problem,” she said.

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