Media Hukum Indonesia (MHI)
Vol 4, No 2 (2026): June

Pertanggungjawaban Pidana Kader Kesehatan Posyandu dalam Promosi Susu Bayi Menurut Peraturan Perundang-Undangan di Indonesia

Christian Raka Joana (Fakultas Hukum Universitas 17 Agustus 1945 Surabaya)
Frans Simangunsong (Fakultas Hukum Universitas 17 Agustus 1945 Surabaya)



Article Info

Publish Date
08 Jul 2026

Abstract

The right of infants to receive exclusive breastfeeding is part of the state’s commitment to protecting child health. As an effort to support this policy, the government has established various legal provisions restricting the promotion of infant formula in order to prevent interference with breastfeeding practices. Nevertheless, in community health services, the involvement of Posyandu health cadres in activities related to infant formula promotion is still frequently found. This situation raises legal concerns regarding the possibility of criminal liability for those involved. This study aims to examine the forms of criminal liability that may be imposed on Posyandu health cadres involved in infant formula promotion under the Indonesian legal system. The research applies a normative legal method using statutory and conceptual approaches. The legal materials were collected through library research by examining legislation, scientific literature, and relevant legal doctrines. The findings indicate that health cadres may be held criminally liable if the elements of a criminal offense, as regulated under Article 430 of Law Number 17 of 2023 concerning Health, are fulfilled, particularly when the act is intentionally committed in a way that obstructs the implementation of exclusive breastfeeding. However, the imposition of criminal liability must still consider the element of fault, causality, and the possibility of legal grounds that may exclude criminal punishment.

Copyrights © 2026






Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...