INSTITUTIONAL ROLE IN RELATION TO LEGAL POLICY TOWARDS OF CHILDREN’S RIGHTS TO EXCLUSIVE BREASTFEEDING

DOI: 10.25041/lajil.v2i1.2029 Breastfeeding is one of the best buys in global health to save lives and improve the health, social, and economic development of individuals and nations. Inadequate breastfeeding impacts a child’s ability to learn, and consequently, their future earning potential. By supporting mothers to practice proper breastfeeding, nearly 50 per cent of under two child deaths caused by diarrhoea and pneumonia could be prevented annually compared to a situation with no breastfeeding. This study aims to understand and analyze the role institutions and legal policy towards the fulfilment of children’s rights to exclusive breastfeeding. This research is normativeempirical legal research. Primary data was obtained through interviews with sources, while secondary data is attained through literature studies on legal material. Data analysis is carried out with a qualitative approach. Results: Institutional is a set of rules of all levels that revolve around a fundamental need in the social life of society. The institutional role is to meet the basic needs of citizens regarding an order, guidelines on how to behave, and as social control. Legal rule the exclusive Nursing program policy is based on the provisions of the Law No. 36 of 2009 with the form of regulation through Government Regulations No. 33 of 2012.


A. Introduction
Breastfeeding is an ideal nutrient to support the health, growth, and development of babies. Babies are recommended to be exclusively breastfed during the first six months and continued with complementary foods in their first two years of life. 1 Various studies have shown that breastfeeding provides many physiological and emotional benefits. 2 The benefits of geographical area, the role of media, water, hygiene and sanitation, health professionals, poverty, cultural beliefs and practices, and government involvement. 16 Given the variety of goodness in breastfeeding, the government has provided legal protection through Law No. 36 of 2009 Article 128. 17 Government involvement is the key to build a conducive breastfeeding situation. 18 In addition, the right to breastfeed for women workers has been regulated by Article 83 of Law No.13 / 2003 actually have sufficiently accommodated ILO Convention No. 183 of 2000 concerning Maternity. 19 Breastfeeding is the right of every mother, including working mothers, as well as children's rights, which are guaranteed by the Constitution. 20 The child's right to survive is specifically regulated in Article 28B Paragraph (2) of the 1945 Constitution. 21 National regulations actually guarantee the rights of women, such as breastfeeding rights. But in some cases, these rights are not properly implemented or non-fulfillment of the right of the child to get breastfeed. 22 The problem of not fulfilling the right of the baby in obtaining exclusive breastfeeding has come to the attention of the World Health Organization (WHO) and also the Indonesian government, bearing in mind the interests of the baby in getting exclusive breastfeeding, it is necessary to obtain legal protection. 23 Breastfeeding is one of the first steps for a human being to get a healthy and prosperous life. 24 When the babies have been born, breast milk and other primary health services are mandatory to liberate the children from the possibility of disability and disease. 25 The legal function is a social institution, namely a set of rules from all levels that revolve around a basic need in the social life of the community. It is as a result of the purpose of the law, namely to fulfil the basic needs of the community in order and as a social institution. Thus, the law serves as a guideline on how to behave, as a tool to safeguard people's needs and as social control. 26 The institution is one of the government institutions responsible for the success of the exclusive breastfeeding program. 27 All existing institutions should be seen as part of the whole legal system that needs to be developed within the framework of the Indonesian rule of law. 28 Therefore, it is necessary to discuss the role of institutions in law enforcement in fulfilling the right of children to obtain exclusive breastfeeding. In current law enforcement practices, it is still common for law enforcement officials to use their authority. 29 This study aims to understand and analyze the role of institutions in relation to legal policy towards the fulfilment of children's rights to exclusive breastfeeding. This research is normative-empirical legal research. Normative legal research is based on data obtained from literature studies. Empirical legal research is by obtaining primary data in the form of interviews and observations supported by secondary data. 30 Data analysis is carried out with a qualitative approach.

B. Discussion
Community institutions are a set of norms of all levels that revolve around a basic need in the social life of the community. 31 This means as a procedure that has been created to regulate human relations in groups in a social group commonly called associations. 32 Therefore, social institutions when viewed from their functions can be interpreted as a network of human relations processes, between human groups that function to maintain the relationship, and patterns according to the interests of humans and their groups. 33 Social institutions are made and created as facilities to help the creation of fulfilment of the needs of the members of the community concerned. In order to fulfil the needs to run smoothly, the community provides a container that allows all processes to run regularly. Provision of these containers, through rules, develops values related to meet certain needs. Therefore, social institutions try to fulfil basic needs in an orderly and orderly manner. 34 Based on the understanding of institutions, social institutions, and social institutions above, Zainuddin Ali considers law as a social institution, which is a set of rules from all levels that revolve around a basic need in the social life of the community. This is as a result of the purpose of the law to fulfil the basic needs of citizens with regard to order, and as a social institution, hence, the law serves as a guideline on how to behave, as a tool to safeguard people's needs and as social control. 35  directly in the prevention of certain actions, encouraging certain actions and providing facilities for private plans. 36 The institutional objective of making legislation is to maintain and observe all structures and processes related to the activities and efforts to realize the fulfilment of the need for legislation on the one hand and efforts to facilitate the fulfilment of needs on the other side. Good legislation reflects juridical, sociological and philosophical aspects. This means creating a statutory regulation that gets the right place and influence so that it can be adhered to by the citizens of the community spontaneously and not by force because it fits the legal culture adopted by the citizens. 37 These are by the national legal politics contained in the Decree of the MPR No. II/MPR/1993 concerning the Guidelines of State Policy, especially in the field of law, namely: in the formation of law it is necessary to heed provisions that fulfil philosophical values which have a sense of justice and truth, sociological values that are by the cultural values prevailing in society and juridical value in accordance with the provisions of the applicable legislation.
In the preparation of Government Regulation Number 33 of 2012, there are three foundations, namely: philosophical foundation, sociological foundation, and juridical foundation.

Philosophical Foundation
Health is a human right and one of the elements of welfare that must be realized in accordance with the ideals of the Indonesian people as intended in Pancasila and the 1945 Constitution of the Republic of Indonesia. Human rights and the right of babies to obtain breast milk are protected in the Indonesian Constitution and several laws and regulations. Even though many babies who do not get breast milk and become victims of violence and human rights violations still occur in the life of society, nation, and state. As a result of low levels of education, low health facilities and socio-cultural influences that still place women and babies in vulnerable groups, maternal and child mortality rates are still high. As long as there are no clear rules to protect the rights of women working in factories, animal husbandry, and agriculture, how can they still exercise their rights and fulfil their breastmilk needs? Government regulations on breastfeeding are formed in order to provide protection for babies to get their rights to exclusive breastfeeding.

Sociological Platform
The best pattern of feeding for babies from birth to 2-year-old children as recommended by WHO and UNICEF or known as the Global Strategy of Infant and Young Child Feeding (GSIYCF) often called Standard Gold feeding in infants and children, includes: (1) giving breast milk to the baby immediately within one hour after birth; (2) giving only breast milk from birth to 6 months of age (exclusive breastfeeding); (3) providing complimentary food, which is exactly six months old; and (4) continue breastfeeding until the child is two years or older. The application of this feeding pattern will improve the nutritional status of infants and children and influence subsequent health status. Unfortunately, right now, the implementation of the best feeding pattern recommendations has not been appropriately implemented, particularly in the case of 6 months of exclusive breastfeeding. Some of the reasons the low rates of exclusive breastfeeding are: (1) social conditions of the community where the mother has low confident on her ability to breastfeed her baby, thus the baby's nutritional needs are sufficient; (2) lack of knowledge of the mother, lack of family support, traditions and/or culture that can inhibit breastfeeding, as well as low public awareness about the benefits of exclusive breastfeeding; (3) lack of support from health workers, health service facilities, as well as from employers and service providers of public and special facilities; and (4) the influences of improper promotions from producers of baby food and drinks and other baby products. The Government Regulation on breastfeeding strengthens the exclusive breastfeeding activities for babies and the activities of health cadres in Posyandu and Puskesmas. The cadres encourage the mothers to breastfeed for the first six months exclusively and breastfeed, accompanied by natural food and/or home cooking, until the baby two years old.

Juridical Platform
Based on these philosophical and sociological, the Government is responsible for establishing the policies in order to guarantee the rights of infants and children to obtain breast milk. As the outcome, the Government issued the regulation of breastfeeding in Law

Legal Basis for Compiling Written Policies on Exclusive Breastfeeding a. International Labor Organization Convention (ILO) Number 183/2000 about the Revision of The Convention on Maternity Protection (Revised 1952)
Under Article 10 of the International Labor Organization Convention (ILO) Number 183/2000, the state must support & guarantee the activity of breastfeeding mothers' rights. This Article regulates that: 39 1) Women must be given the right to daily rest or a reduction in daily work hours to breastfeed their children. 2) How long a breastfeeding break or a reduction in daily work hours will be given, how many in a day, each time these breaks and methods of reducing daily work hours are regulated according to national law and practice. Rest and reduction of daily work hours must be counted as work hours and paid for. International Labor Organization Convention (ILO) Number 183/2000 aims at equality of women as workers and ensuring the health and safety of mothers and children in various industries. Indonesia did not specifically ratify this convention because its contents have been accommodated in national provisions, namely in Law Number 13 of 2003 concerning Labour. 40 b. Legal Basis, namely the 1945 Constitution of the Republic of Indonesia 1) Article 28 B paragraph (2). Every activity in an effort to maintain and enhance the highest degree of public health is carried out based on non-discriminatory, participatory, and sustainable principles in the framework of forming Indonesia's human resources, as well as increasing the nation's resilience and competitiveness for national development. The provisions of the 1945 Constitution show that children are the next generation that will become leaders in the future. Consequently, healthy, intelligent and qualified children are needed to achieve national goals as referred to in the Preamble of the 1945 Constitution. 2) Article 28, H paragraph (1). All Indonesian citizens have the right to live physically and mentally prosperously, have a place to live with a good and healthy environment, and have the right to obtain health services. This right applies to children as well. We call it a child's right. According to Law No. 35 of 2014 Article 1 Number 12, a child's right is part of human rights that must be guaranteed, protected, and fulfilled by parents, family, community, state, government, and local government. In addition, according to Law No. 39 of 1999, Article 52 paragraph (2) states the rights of the child are recognized and protected by law even in the womb. Article 1 number 2 of Law No. 35 of 2014 that child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with human dignity and receive protection from violence and discrimination. Policies, businesses, and activities that guarantee the realization of child protection are based on the consideration that children are vulnerable and dependent groups. Furthermore, through the constitutional mandate, the legal provisions concerning exclusive breastfeeding are regulated through Law No. 36 of 2009. 3) Article 34 paragraph (3). Every development effort must be based on health insights in the sense that national development must pay attention to public health and is the responsibility of all parties, both the Government and the community. The state is responsible to its citizens in providing adequate health care facilities and public facilities, including also to fulfil the rights of children to get health services.

c. The Law Principle in Law Number 36 of 2009 which is Related to the Exclusive Breastfeeding Program Policy
Health development, in Law No. 36 of 2009 Article 2, is carried out based on humanity, balance, benefits, protection, respect for rights and obligations, justice, gender and nondiscriminatory and religious norms implemented through health efforts as follows: 1) The principle of humanity means exclusive breastfeeding is an action to fulfil children basic need since at an early age. Children have characteristics because they always grow and develop from the moment of conception until the end of adolescence.
2) The principle of equilibrium means that exclusive breastfeeding has consequences fulfilment of rights and obligations. Fulfilment of rights is the right of the child to obtain exclusive breastfeeding and the obligation of the mother to give it, except on medical indications, where the family, community, government and local government are obliged to support this process.
3) The principle benefits of exclusive breastfeeding means provide benefits to infants, mothers, families, and the country. 4) The principle of the protection of exclusive breastfeeding means will provide comprehensive protection for the baby. The government will also protect the achievement of citizens' rights in the exclusive breastfeeding process for babies who will receive the right to be breastfed (which is part of human rights which is the right to live healthily) and for the mother is the right to give breastmilk as part of parenting old. 5) The principle of respect means that the provision of exclusive breastfeeding provides an opportunity for babies to obtain the right to receive breastfed babies, the rights and obligations of breastfeeding mothers and support the implementation of breastfeeding for the community. 6) Fairness means exclusive breastfeeding is indiscriminate. It is given to all children, regardless of race, ethnicity, or socioeconomic status. 7) The principle of gender and non-discriminatory means exclusive breastfeeding is one gender protection for women, in terms of meeting the reproductive rights of women, in addition to menstrual and maternity leave. 8) The principle of religious norms means that exclusive breastfeeding must pay attention and respect and not distinguish the religion adhered to by the community. According to Islam, breastfeeding is in accordance with the word of Allah SWT in the Surah Al Baqarah verse 233.

d. The Purpose of Arranging Exclusive Breastfeeding
In the Convention on the Rights of the Child Article 24, which has been ratified by Presidential Decree No. 36 of 1990, it is clearly stated the rights of children to have benefit of the highest health status, hence the state is required to take steps to minimize infant and child mortality rates, providing basic health care for infants, children, and pregnant and lactating mothers, eradicating diseases and malnutrition, ensuring all parents are informed of basic knowledge about children's. The foundation of long-term food and nutrition program policies at the national level is quite strong. This was formulated in Law No. 17 of 2007 concerning the National Long Term Development Plan (RPJPN) for 2005-2025. 41 The third phase of the RPJMN for the period 2015-2019, has also provided a strong foundation for implementing the food program and improving nutrition which is one of the outcome indicators, namely increasing the prevalence of infants aged less than 6 months who receive exclusive breastfeeding to 50% in 2019.
Nowadays  December 22 2008. This joint regulation is expected to be an umbrella for women workers, especially those who breastfeed to be able to breastfeed/milk breast during working time in the workplace and encourage employers to provide breastfeeding rooms that are in accordance with health standards. 42 Thus, the policy and target set up by the government are to optimize the implementation of Law No. 36 of 2009 which has strict sanctions on those who intentionally block the exclusive breastfeeding program (Article 200) and severe criminal sanctions for corporations (Article 201) and the implementation of Government Regulations No. 33 of 2012, so that the number of exclusively breastfed babies reaches the target. 43 Ministry of Health policy on efforts to increase breastfeeding, namely: 1) Increased breastfeeding is carried out as an effort to improve the quality of human resources which are an integral part of national development, especially in improving the quality of life. 2) Increasing breastfeeding is carried out cross-sectorally and integrated by involving the participation of the community, as well as the working community. 3) Increasing breastfeeding focuses on empowering communities and families to support pregnant women and nursing mothers in carrying out their duties according to their nature. 4) Cultivate exclusive breastfeeding behaviour for babies up to the age of 6 months. 5) Increasing breastfeeding is carried out in stages and continuously at each workplace. 44 Government Regulation No. 33 of 2012 Article 3 mentions Government responsibilities in exclusive breastfeeding programs, while Article 4 and Article 5 state the responsibilities of the Provincial Government and District/City. In implementing national policies, the provincial/district/city-regions can establish regional regulations or governor/regent/mayor regulations concerning national policies. In establishing policies for exclusive breastfeeding programs in the regions, the provincial government/ districts/cities can pay attention to the capabilities and potential of human resources, capabilities and potential sources of funding, and community support. The strategy of exclusive breastfeeding programs is carried out in an integrated, tiered, and continuous manner. Referring

e. Community Participation in Institutional Nature in Exclusive Breastfeeding
Society has an important role in determining the success of a mother in breastfeeding and giving breast milk to her child. Community-based networks and offering support from fellow breastfeeding mothers, as well as trained breastfeeding counsellors in providing support to the mothers to start and maintain breastfeeding activities, and prevent and overcome various difficulties that may occur. Therefore, GSIYCF recommends the government to: 1) Promote the development of community-based support networks in order to ensure that proper feeding for infants and toddlers is carried out, for example, fellow support groups based on breastfeeding mothers, no medical, educational counsellor groups or fellow counsellors for nursing mothers. This network is a fellow to whom the hospital and clinic can refer to nursing mothers when they return home; and 2) Ensure that the community-based support network is not only accepted in the local health system but also actively participates in planning and providing services to mothers.
Other sources of information and support can be found as well in various forms of formal or non-formal groups or organizations, including breastfeeding support networks and childcare, clubs, and religious-based associations. Community-based support, including those provided by fellow breastfeeding mothers, breastfeeding counsellors from the general public as well as among nursing mothers, and certified breastfeeding consultants can effectively help these women to be able to provide the right food to their children. Most communities have a self-help tradition that is ready to be used as the basis for building or developing a support system that is suitable for helping families in providing proper feeding for children. Community participation in health efforts has been regulated in Law No. 36 of 2009 Article 174 and Government Regulation No. 33 of 2012 Article 37. The implementation of community support is carried out counselling to mothers and families and new mothers who need to be encouraged to increase their confidence to want to breastfeed their babies. This needs to be supported by the community through the Community Support Group of Mothers (KP-Mothers of Breastfeeding). 49

The Role of Father-Based Support Groups
Regarding the role of fathers, various studies have proven that breastfeeding activities are getting smoother if mothers get support and assistance from their husbands as family heads and household partners. 50 The @AyahASI movement which has been present since 2011, is one form of the public awareness campaign that husbands have a significant role in the breastfeeding process. The husband, as a spokesperson and protector consciously support his wife. 51 Until now, the @AyahASI movement inspired similar movements in more than ten cities in Indonesia. 52 "The background of the formation of @AyahASI is that we (the initiators/founders) understand that parenting is common property and breastfeeding is too important to only be taken care of by mothers, that's why fathers should be involved in the breastfeeding process. We don't want our friends to experience the mistakes we have experienced, so we want to share information about breastfeeding and breastfeeding." 53 In the form of formal, informal and UKBM organizations, breastfeeding support groups have an essential task, such as a liaison between a nursing mother and a health worker who helps her. Breastfeeding support groups provide individual counselling services, information, support and opportunities for group discussions that make it easier for mothers to carry out breastfeeding activities and take care of their children. Breastfeeding support groups are required to have a great commitment to building and increasing the confidence of mothers to decide to breastfeed their children. 54 This support group does have a different role. However, it still complements the role given by health workers and professional medical personnel. The key to the best practice of breastfeeding is to provide continuous daily support in the home environment and the local community. Two principles underlie the formation of a breastfeeding support group. The first is the emergence of awareness that breastfeeding is a positive decision concerning children's health problems, and not just a lifestyle or trend. The last is, most of the problems faced by a nursing mother are not medical problems. Hence the experienced nursing mothers can give assistance. The driving motor of a breastfeeding support group is a trained breastfeeding counsellor, who is also a mother who succeeds in breastfeeding her child and voluntarily donates her time to help other women succeed in breastfeeding their child. The counsellors are not in a position to make decisions for mothers to intervene. Instead, they help them to gain and increase the self-confidence to make their own decision on determining and doing what the best for their children is. Through breastfeeding support groups, women can further strengthen their motherhood. 55 The institutional is considerably play the principal role in legal policy. They are maintaining and observing all structures and processes related to activities and efforts to realize the fulfilment of the need for legislation, moreover, as efforts to facilitate the fulfilment of the needs. The socio-legal function in fulfilling children's rights to get exclusive breastfeeding is a preventing action from any issues that can jeopardize children's safety and health through the provision of breastfeeding substitutes, encouraging increased exclusive breastfeeding and the provision of facilities in the private and public domain through providing support, place and time of breastfeeding anytime and anywhere. The exclusive breastfeeding program policy is a rule or legal norm based on provisions in Law Number 36 of 2009 about Health. The underlying legal basis is Article 28 B paragraph (2), Article 28 H paragraph (1) and Article 34 paragraph (3) of the 1945 Constitution. Because it is legally binding rules so that the legal subject must fulfil the rules in the policy (in this case is the mother, family, community, government or certain institutions), if the legal subject does not comply with the applicable rules, sanctions would be imposed. Further, the exclusive breastfeeding program policy contains certain legal principles which are the soul in the formulation of the Law to realize child welfare. Forms of regulation in its policies with the issuance of Government Regulation Number 33 of 2012 concerning Exclusive Breastfeeding, which is the implementation rule of Article 129 of Law Number 36 of 2009.