BGN Chief Says Constitutional Court Ruling Provides Certainty for Free Nutritious Meal Budget Scheme
JAKARTA – The Head of the National Nutrition Agency (BGN), Sudaryono, has said that Constitutional Court (MK) ruling Number 40/PUU-XXIV/2026 does not halt the Free Nutritious Meal Programme (MBG), but changes its budgeting scheme. The government has been given a transition period of up to two years to adjust the programme’s budgeting.
According to BGN’s legal review, the Constitutional Court ruling only stipulates that MBG funding which is not a core component of education will no longer be counted as part of mandatory education spending. This adjustment takes effect from the 2028 fiscal year state budget (APBN).
Sudaryono said that, as an operational agency, BGN will implement all government policies in accordance with prevailing laws and regulations.
“We are an operational agency, so of course we will implement whatever policy comes from the government. What needs to be underlined is that the Constitutional Court ruling actually affirms that the MBG is a constitutional programme,” said Sudaryono.
Sudaryono explained that the substance of the ruling does not change the legality or the existence of the MBG Programme. The ruling only imposes limits on the budgeting mechanism, giving the government a maximum of two years to make fiscal policy adjustments.
According to BGN’s legal review, Constitutional Court ruling Number 40/PUU-XXIV/2026 is conditionally constitutional. This means that what is adjusted is the budgeting norm, not the legal basis or the continuation of the MBG Programme. The ruling is also final and binding, making it a guide for the government in drafting the state budget and designing the programme’s financing going forward.
From the 2028 state budget onwards, MBG funding that does not fall under the core component of education will no longer be counted within the operational budget for education provision. Nevertheless, Sudaryono stressed that this change in the budget scheme does not affect the implementation of the MBG Programme.
“If we examine it more deeply, this Constitutional Court decision affirms that the MBG Programme is a constitutional programme. What requires attention is the placement of its budget, and the government will certainly respond to that in line with the applicable mechanisms,” said Sudaryono.
From an institutional perspective, the ruling also does not change the position, authority, duties, or functions of BGN as the implementer of the MBG Programme. BGN will continue to carry out its mandate to ensure the programme runs effectively, accountably, and delivers benefits to the public.
BGN stated it will support the fiscal policy adjustment process whilst ensuring the MBG Programme continues to run optimally during the transition period until the new budgeting scheme takes effect.