Asfa Asfiais Sholihah

Policy on the Provision of Contraceptive Devices for School-Aged Children and Adolescents from the Perspective of Legal Utility

Introduction

Policy on the provision of contraceptive devices for school-aged children and adolescents from the perspective of legal utility. Analyze Indonesia's policy on contraceptive provision for school-aged children and adolescents. Examines its legal utility in reducing maternal/infant mortality & addressing child marriage.

Abstract

The policy on providing contraceptive devices for school-aged children and adolescents in Government Regulation No. 28 of 2024 on Health does not clarify the qualifications of children and adolescents eligible to receive contraceptive provisions, allowing room for negative interpretations. This study aims to analyze the underlying considerations of the policy while assessing whether the provision of contraceptive devices for school-aged children and adolescents aligns with the principle of utility as a legal objective. This research employs a normative legal method using statutory, conceptual, and comparative approaches. The findings indicate that Indonesia is still striving to reduce the high maternal and infant mortality rates. Given the still-high prevalence of child marriage, this policy is intended to lower maternal and infant mortality rates caused by high-risk pregnancies among adolescent couples engaged in early marriage. In terms of fulfilling fundamental human rights and the significant positive impact of the policy, it essentially reflects the aspect of legal utility.

Review

This study tackles a highly pertinent and sensitive issue concerning public health and legal policy in Indonesia: Government Regulation No. 28 of 2024, specifically its provisions for contraceptive devices for school-aged children and adolescents. The authors incisively identify a significant ambiguity within the regulation, noting its failure to clearly delineate eligibility qualifications. This lack of precision, as highlighted, creates ample scope for "negative interpretations," thereby underscoring the potential for misunderstanding and misapplication. The paper's framing around "legal utility" provides a compelling and appropriate lens through which to examine these complex policy challenges. Employing a robust normative legal methodology, the research utilizes statutory, conceptual, and comparative approaches to rigorously analyze the policy's underpinnings. A primary objective of the study is to uncover the foundational considerations that underpin this regulatory framework, alongside an assessment of its alignment with the principle of utility as a core legal objective. The findings reveal a stark reality in Indonesia: persistent high maternal and infant mortality rates, further exacerbated by the continued prevalence of child marriage. Crucially, the authors articulate the policy's deliberate intention to mitigate these severe societal challenges by reducing high-risk pregnancies and associated mortality among adolescent couples in early marriages. From the perspective of legal utility, the study concludes that the policy, despite its initial ambiguities, fundamentally aligns with this principle. By addressing the severe health risks associated with early adolescent pregnancies and striving to lower maternal and infant mortality, the policy is presented as fulfilling fundamental human rights and delivering a "significant positive impact." This research thus offers valuable insights into the rationale behind a potentially controversial policy, effectively demonstrating its intended societal benefits within the broader context of public health and human rights. The study's analysis successfully frames the policy's underlying purpose as a utilitarian effort to safeguard vulnerable populations.

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