URGENCY OF LEGAL PROTECTION TO SNACKS FOR SCHOOL CHILDREN IN LUMAJANG DISTRICT

The purpose of this study: The purpose is to produce a discussion about the pattern of legal protection and the obstacles faced by the Lumajang Regency government to guarantee children's health rights to snacks for school children. The research method: The method used is sociological juridical research data were collected using literature study, and the Field in the form of observations, interviews. This research is located in Lumajang Regency, where the object is related institutions to support the completeness of government data in the area of efforts to provide legal protection for children's health rights from the dangers of school snacks. Main Findings: This research is, first, the legal protection of snacks for school children have binding legal force, secondly, to protect children against the health of school children who are not healthy Lumajang district government has several obstacles, including the lack of optimal coordination between the school and the government, in this case, the Community Health Centers (Puskesmas), the existence of street vendors outside the school canteen making it difficult to control both the government and the school, lack of awareness of businesses about the importance of food safety, nutrition and quality, there are no specific and detailed guidelines relating to Healthy Snacks in Schools in Lumajang Regency. Applications: This research is intended to increase knowledge in the field of law and policy in the field of child health and useful for the study of child consumer protection. Novelty/Originality: This research has never been carried out before, especially those located in Lumajang Regency, basic information on strong legal protection is beneficial for the community to feel safe consuming school snacks and can be used as a legal basis for accountability if found school snacks that are not safe for consumption, also need guidelines specifically for the people of Lumajang to suit their conditions.


INTRODUCTION
Various kinds of snacks are sold both in the form of heavy food and snacks, both fresh and packaged foods, snack foods can function as nutritional intake of school children, maintain blood sugar levels so that school children remain concentrated, to maintain the physical activity of school children (Iklima, 2017).
The types of snacks for School Children in Lumajang Regency can be classified as follows: 1. Heavy food, that is food that can make you happy, such as rice, chicken noodles, meatballs, Gado-Gado, Soto, etc.
2. Snacks, which are unpleasant foods such as packaged foods, crackers, macaroni, etc.

Fresh food:
a) Fresh food is food that has not undergone processing that can be consumed directly and/or which can become the raw material for food processing (Naully & Mathilda, 2018).
b) Fresh food in Lumajang regency such as cut fruit, fruit ice. 4. Beverages, drinks sold at school consist of two types, namely: a) Bottled drinks such as bottled, bottled drinks, etc. b) Drinks served using a glass or bowl, such as fruit ice, ice juice, iced tea, etc.
The Food and Drug Supervisory Agency (BPOM) and the Lumajang regency health office found no harmful substances in school children snacks, from 60 samples of snacks examined by BPOM the results found 14 types of snacks containing dangerous substances namely Rodamin C and Boraks (Bhirawa, 2019).
Various kinds of snacks for school children sold at school are very difficult to avoid for children to co nsume, besides having an attraction for children, they also need it to add energy while at school, but not all snacks for school children are safe for consumption by children, some of which endanger a healthy child.
This research is important to be carried out bearing in mind the number of snacks of school children that endanger the health of children, especially in Lumajang Regency and require proper legal protection so that they can guarantee the fulfillment of their right to obtain optimal health status, even though they consume snacks at school. Because the right to health is one of the rights of children, while the rights of children must be guaranteed, protected, and fulfilled by parents, family, community, state, government, and local government. (Article 1 paragraph (12) of Law number 35 of 2014 concerning child protection, one of the efforts to fulfill the child's right to health by the government is to provide legal protection (Tim, 2016).

LITERATURE REVIEW
This study has a difference compared to some previous studies. Where in this study, has a new element that does not exist in previous studies, this research is located in Lumajang Regency, were at that location there has never been any previous research on the legal protection of snacks for school children. Also besides, previous research has not discussed the legal force hierarchy from the legal basis for the protection of school children, whether it has binding legal force or not.
Research of Herum (2017) entitled "Perlindungan Hukum Terhadap Konsumen Atas Peredaran Produk Makanan Mie Instant Kadaluarsa Di Kota Palu", the results of the study show: First, the application of the Consumer Protection Act has not been implemented properly because entrepreneurs as providers of goods and services pay less attention to their obligations and consumer rights. Second, the authority and accountability of the hammer city BPOM towards consumers and guidance to business actors is a form of legal protection to the hammer city community. Similarities with this study together examine the legal protection of food consumers, as for the difference Herum Research is more to general consumers and food objects are only limited to instant noodles, while this research focuses on child consumers and all types of snacks at school. Lathif (2014) with the title "Analisis Yuridis Perlindungan Hukumterhadap Anaksebagai Konsumendalam Hukum Positif Indonesia", the results of this study The legal protection of children as consumers follows all forms of child legal protection in the Child Protection Act and all the protection measures contained in the Consumer Protection Act. The similarities are equally discussing the legal protection of children as food consumers, as for the differences. The Afif normative research study is limited to reviewing general laws and regulations, whereas this research is sociological juridical and examines general laws and regulations and regional laws and regulations. Lumajang Regency. Suriati et al., (2018) with the title "Perlindungan Konsumen Jajanan Bahan Berbahaya di Lingkungan Sekolah.", The results of the study showed that the Government of Aceh Besar District tried to protect consumers of snacks containing hazardous ingredients. Protection is given utilizing the supervision of food vendors selling in the school environment. The government is advised to consider making a special law on the protection of child consumers. Eni's research is focused on the child consumer law, the difference is that our research lies in the study of the law. Anggiarini  The results showed the Cilacap District formed an integrated food safety system team that aims to protect and ensure that school food for school children is safe for consumption. The settlement of consumer disputes can be resolved through the court or outside the court. This study is equally an object of snacks for children containing hazardous materials, but the location of the study is different in Cilacap, while our research is located in Lumajang Regency, also the research results are more into the implementation of laws and regulations of Cilacap district government, while our research besides some realization of legal protection through the performance of the Lumajang district government also analyzes from the perspective of the strength of the legal basis that can guarantee legal protection. Utami (2012) "Pertanggungjawaban pelaku usaha terhadap penggunaan bahan tambahan makanan (BTM) dalamjajanananak (Suatu Telaah Perlindungan Terhadap Anak Sebagai Konsumen)", the results of the study show that the Consumer Protection Act has not been able to protect children from dangerous food additives, small and medium business actors have not fully fulfilled their responsibilities as business actors. The similarity of this study with our research are both related to children's snacks the difference is this research is more focused on supplementary food ingredients (BTM) while our research is all snacks of dangerous school children, besides this research is more on the level of implementation while our research is more on the pattern of legal protection.

METHOD
This research is legal research that uses the method of sociological/Empirical Juridical approach, namely the method of the approach of legal reality in society. The data used in this study are primary and secondary. Primary data comes from observations, interviews with the students and Hawker vendors. The research data were collected using literature study, and the Field in the form of observations, interviews. After the data collection is complete, then the data is grouped according to the purpose of the study, for further data analyzed, the data analysis in this study uses qualitative methods while secondary data in this study consists of primary, secondary and tertiary legal materials. This research is located in Lumajang Regency, where the object is related institutions to support the completeness of government data in the area of efforts to provide legal protection for children's health rights from the dangers of school snacks such as Puskesmas, Health Office, Health Service Office, Lapkesda and Legal Department Lumajang Regency.

The urgency of Legal Protection to Snacks for School Children in Lumajang Regency
The existence of legal protection is very important to guarantee the rights of the community, in this case, the rights of children's health. That is because the presence of law in the community includes integrating and coordinating interests that may conflict with one another so that the issue can be minimally suppressed (Likadja, 2015).
One of the rights of children is the right to health which is a basic right of children who must be protected. There is legal protection for the safety of snacks for school children in Lumajang Regency, guaranteed in Article 28B of the 1945 Constitution, as stated in Article 28B of the 1945 Constitution that every child has the right to survival, growth, and development. One of the supporting factors for the growth and development of children is the availability of healthy food, in this case, snacks in schools or madrasah.
Article 79 of Law Number 36 the Year 2009 concerning Health; also protects snacks for school children. Article 79 explains that school health is organized to improve the ability to live healthy learners in a healthy environment so that students can learn, grow, and develop in harmony and as high as possible into quality human resources. Although not detailed, this article has guaranteed legal protection for children to get school snacks that can support their growth and development (Agustina, 2016).
Law Number 8 of 1999 concerning Consumer Protection also guarantees legal protection for children against snacks for school children. Because children who consume snacks in schools or madrasah are consumers who have the same rights as consumers in general (Indonesia, 1999).
The rights of school children as consumers, the same as the rights of consumers in general, namely: a. The right to comfort, security and safety in consuming goods and/or services; e. The right to obtain advocacy, protection, and efforts to resolve consumer protection disputes appropriately; f. The right to consumer guidance and education; g. The right to be treated or served properly and honestly and not discriminatory; Legal Protection contained in the law on food safety above there are two forms of legal protection, namely preventive as contained in article 2D and article 64 which are given rules about food safety and food processing procedures, which is intended to prevent food that is not safe and not nutritious and not quality, as for the repressive nature as contained in article 65 where this article contains sanctions for those who violate to implement procedures for food processing that can inhibit the process of reducing or losing the nutritional content of the raw materials of food used. As the opinion of legal protection according to Philipus M. Hadjn quoted in his book Salim and Erlies Septiana Nurbani, theoretically the form of legal protection is divided into two forms, namely: 1. Preventive protection, preventive legal protection is preventive legal protection.  (Hadjon, 1996).
School children who are consumers of snacks at school also receive a guarantee of legal protection in article 21 of Law Laws and regulations of regents that guarantee legal protection for snacks of school children/ madrasah above are included in the hierarchy type of legislation so that they have binding legal force based on article 7 of Law number 10 of 2004 concerning Legislation. Therefore, the legal basis for guaranteeing legal protection for snacks for school children/madrasah can be used as a legal grip for school children and the community.

Obstacles faced by the Lumajang district government in providing legal protection to children's health rights in schools
An effort does not always run as desired, often encountered obstacles or obstacles, as well as faced by the Lumajang Regency government in providing legal protection to children's health rights at school, there are several obstacles faced, namely: 1. Lack of optimal coordination between the school and the government.
PHC and health authorities some information dissemination, counseling and coaching school, but more often waiting for requests guidance from the school, while schools only ask for coaching when there will be healthy canteen contests or contests related to health, even though the need for control, supervision, and coaching should not only be done when there will be a competition because it involves children's health rights.
Children's health is a basic right that must be fulfilled, but it contrasts with the fact that the discovery of school children snacks that are not suitable for consumption above. Though food affects the growth and development of children, consuming dangerous foods is feared to be bad for health both shortly and will affect until they are adults.
Children's rights are part of human rights that must be guaranteed, protected, and fulfilled by parents, families, communities, countries, governments, and regional governments. The right to health is one of the rights of children, while the rights of children must be guaranteed, protected, and fulfilled by parents, family, community, state, government, and local government. (Article 1 paragraph (12) of Law No. 35 of 2014 concerning child protection, one of the efforts to fulfill the child's right to health by the government is to provide legal protection.