THE EFFECTIVENESS OF PROTECTING WOMEN’S REPRODUCTIVE RIGHTS FROM THE PERSPECTIVE OF HEALTH LAW AND SUBSTANTIVE JUSTICE: A JURIDICAL ANALYSIS OF THE IMPLEMENTATION OF LOCAL POLICIES IN CIREBON REGENCY

Abstract

The protection of women’s reproductive rights constitutes a fundamental dimension of human rights and an integral component of the right to health. This study aims to analyze the effectiveness of protecting women’s reproductive rights from the perspective of health law and substantive justice, with particular focus on the implementation of local policies in Cirebon Regency. Employing a normative–empirical juridical approach, this research integrates an examination of positive legal norms (national and regional regulations) with empirical data drawn from the implementation of public policies in practice. The analysis employs the Theory of the Rule of Law (F.J. Stahl and A.V. Dicey), John Rawls’ Theory of Substantive Justice, Hans Nawiasky’s Stufenbau Theory, and Feminist Legal Theory to assess the alignment between legal norms, institutional structures, and the social realities experienced by women. The findings reveal that the effectiveness of reproductive rights protection in Cirebon Regency remains low due to the absence of a specific Regional Regulation (Perda) that comprehensively governs women’s reproductive rights. To enhance effectiveness, regulatory and institutional strengthening is required through the formulation of gender-responsive regional regulations, the integration of gender-responsive budgeting, and the improvement of legal and reproductive literacy among the community. This study underscores that the effectiveness of protecting women’s reproductive rights depends not only on the availability of health policies but also on the extent to which the law can deliver substantive justice for women as autonomous legal subjects within a just legal state.