PRANATA HUKUM

BETWEEN LEGALITY AND LEGITIMACY IN THE PROCEDURAL JUSTICE OF THE ENACTMENT OF LAW NO. 17 OF 2023 ON HEALTH

Yudhi Hertanto — 2026-01-31

This article examines the tension between legality and legitimacy within the procedural justice framework of Indonesia’s Law No. 17 of 2023 on Health. While the law formally satisfies the positivistic criteria of legality as outlined in statutory drafting guidelines, its legislative process raised substantial concerns regarding transparency, participation, and deliberative inclusiveness. These issues highlight the broader philosophical problem of whether legal validity based solely on procedural formality is sufficient to constitute legitimate lawmaking in a democratic state governed by the rule of law. Using theoretical perspectives from Habermas, Fuller, and Rawls, this study analyzes the degree to which the formation of the Health Law reflects or departs from the ideals of procedural justice. Habermasian discourse theory underscores the importance of communicative participation and rational–public deliberation, both of which appear limited in the law’s formation. Fuller’s principles of internal morality reveal inconsistencies related to clarity, openness, and procedural integrity. Meanwhile, Rawls’s notion of fairness emphasizes the need for equitable inclusion of affected stakeholders, particularly healthcare professionals and the wider public. The findings show that although the law may be legally valid, its legitimacy remains contested due to insufficient adherence to philosophical standards of just procedure. This paper concludes that bridging legality and legitimacy requires strengthening deliberative mechanisms, enhancing participatory routes, and reaffirming moral–procedural principles in legislative processes.

ANY QUALITY POLICY AND THE RIGHT TO FOOD: A STUDY OF THE STATE’S CONSTITUTIONAL OBLIGATIONS

Isharyanto Isharyanto — 2026-01-31

This study examines the any quality policy in government paddy procurement as a state response to the need to maintain national rice availability, while raising concerns regarding the protection of food quality as an integral component of the right to food. The core issue lies in the tension between flexibility in absorbing paddy from farmers and the state’s legal obligation to provide food that is safe, suitable, and of adequate quality in accordance with the relevant regulatory framework. The research employs a doctrinal method using primary and secondary legal materials, combined with statutory, conceptual, and comparative approaches that include policy practices in India, China, and Thailand, in order to assess the alignment of the policy with the principles of the right to food and proportionality. The findings indicate that the any quality policy can meet constitutional obligations only when supported by adequate quality control mechanisms. Price instruments such as rafaksi are insufficient to preserve quality and therefore must be complemented by strengthened post harvest facilities, technical standards for drying and sorting, consistent quality monitoring, and enhanced administrative capacity at both national and regional levels. The study concludes that an integrated policy design linking price instruments with technical instruments is essential to ensure that the state can effectively safeguard food quality and fully uphold the right to food.

LEGAL LIABILITY OF INTERACTIVE DIGITAL GAME PLATFORMS FOR VIRTUAL TRANSACTIONS BY MINORS

Gunsu Nurmansyah — 2026-01-31

The rapid rise of interactive digital games has led to virtual transactions in which players purchase in-game items with real money. This becomes problematic when children, as dominant users without legal capacity, are involved. Game designs often exploit microtransactions and loot boxes that trigger impulsive spending, making children targets of economic exploitation. This study examines the legal liability of digital game platform providers under Government Regulation No. 17 of 2025, which implements Articles 16A (5) and 168(3) of the 2024 ITE Law. Using a normative juridical approach, the study analyzes regulations and literature. Findings highlight the need for stronger platform obligations, including age verification, parental consent, bans on covert practices, and tiered sanctions. Active state regulation and collaboration with platforms, parents, and society are crucial to ensuring a safe and child-friendly digital environment.

PROTECTION OF FOOD GROWING LAND IN LAND ACQUISITION FOR PUBLIC INTEREST

Ade Arif Firmansyah — 2026-01-31

Infrastructure development has resulted in a decline in rice paddy area, rice production, and rice yields. The harvested rice area in 2024 decreased by 167.57 thousand hectares compared to 2023. This resulted in a decline in rice production in 2024, which amounted to 838.27 thousand tons compared to 2023. This shrinking agricultural land requires model protection of sustainable food agricultural land within the legal framework of land acquisition for public interest. This paper aims to offer a model protection of sustainable food agricultural land in land acquisition law for public interestso it is hoped that it will be able to guarantee protection sustainable food agricultural land and supports the achievement of food security and sovereignty. Using the doctrinal writing method with a conceptual approach and statutory regulations, it was found that: model Protection of sustainable food agricultural land in land acquisition law for public interest is composed of two important aspects, namely planning and institutional coordination. Where these two aspects are things that must be accommodated in change of Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest.