Intervensi Hukum Melalui Pendampingan Penyusunan Perdes Berbasis Hak Atas Kesehatan Sebagai Upaya Percepatan Penurunan Stunting

Abstract

The issue of stunting—specifically concerning the "First 1,000 Days of Life"—is not merely a medical matter stemming from chronic nutritional deficits; it reflects the state's reluctance to take tangible action in fulfilling its citizens' constitutional rights. While Article 28H, Paragraph (1) of the 1945 Constitution explicitly guarantees everyone the right to healthcare services, this guarantee has not been fully realized for mothers and children in Indonesia's southernmost islands, such as in Nemberala Village, Rote Ndao Regency, East Nusa Tenggara. The stunting crisis in Nemberala Village cannot be simplistically attributed solely to the failure of nutrition programs or budgetary constraints. Underlying these high prevalence rates is a tangible legal gap between macro-level regulatory mandates at the national level and micro-level implementation at the village level. Normatively, the national legal framework is robust; village governments possess the autonomy to enact Village Regulations (*Perdes*)—legally valid and binding instruments—to strengthen their citizens' right to health. However, the reality on the ground reveals a structural disparity that creates local legal uncertainty. Nemberala Village officials experience "administrative fear"—a reluctance to execute Village Fund allocations for nutrition programs—because they lack a specific, operational, and legally certain local regulation (*Perdes*) to serve as a legal basis. Driven by the fear of adverse audit findings, Village Funds are not optimally utilized, *Posyandu* (Integrated Health Post) volunteers work without clear operational legal standing, and nutrition programs remain vulnerable to sudden suspension. This situation is further exacerbated by governance failures regarding data management, caused by obstacles to digitalization.