BGN Chief Sudaryono Assures Constitutional Court Ruling Will Not Halt Free Nutritious Meals Programme
The National Nutrition Agency (BGN) has confirmed that the Free Nutritious Meals (MBG) Programme will continue despite the Constitutional Court (MK) issuing Ruling Number 40/PUU-XXIV/2026. The BGN stressed that the ruling does not annul or halt the programme’s implementation, but merely regulates adjustments to its budgeting mechanism.
BGN Chief Sudaryono stated that his agency will continue to run the MBG Programme in accordance with government policy and prevailing laws and regulations. “We are an operational agency. Of course, we will implement whatever policy the government decides. What needs to be underlined is that the Constitutional Court’s ruling actually affirms that the Free Nutritious Meals Programme is a constitutional programme,” Sudaryono said in a statement on Tuesday (4/8/2026).
According to Sudaryono, the substance of the MK ruling does not alter the legality or existence of the MBG Programme. The ruling only provides limitations regarding the budgeting mechanism, specifically concerning the calculation of the MBG budget within the mandatory education spending component. Thus, the programme’s implementation will continue. The government has also been granted a transition period of up to two years to adjust its budgeting policy.
Based on a legal review conducted by the BGN, MK Ruling Number 40/PUU-XXIV/2026 is conditionally constitutional. This means the adjustment only concerns the programme’s budgeting norms, not the existence or legal basis of the MBG Programme. Furthermore, the final and binding ruling will serve as a guideline for the government in formulating future policies and budget designs for the MBG.
Starting from the 2028 State Budget (APBN), the MBG Programme budget that is not a core component of education will no longer be calculated as part of the operational budget for education provision. Nevertheless, the BGN confirmed that this change will not affect the sustainability of the MBG Programme as one of the government’s strategic programmes.
“If we examine it more deeply, this Constitutional Court decision confirms that the Free Nutritious Meals Programme is a constitutional programme. The concern is the placement of its budget, and that will certainly be addressed by the government according to the applicable mechanism,” he said.
From an institutional perspective, Sudaryono also confirmed that the MK ruling does not change the position, authority, duties, or functions of the BGN as the implementer of the MBG Programme. Therefore, the BGN will continue to carry out its mandate to ensure the programme runs effectively, accountably, and provides benefits to the community. He stated that he would support the entire policy adjustment process undertaken by the government, while ensuring the implementation of the Free Nutritious Meals Programme continues to run optimally amid changes in budget governance following the Constitutional Court ruling.
In its ruling, the MK stipulated that the MBG budget must be separated from the Education Budget. The separation of the MBG budget from the education budget must take effect no later than the 2028 State Budget (APBN) or within a maximum of two years from the pronouncement of the ruling. The MK partially granted the petition filed by the Taman Belajar Nusantara Foundation (TB Nusantara) and five individual petitioners who challenged the constitutionality of the Elucidation of Article 22 paragraph 3 of the 2026 State Budget Law. Ruling Number 40/PUU-XXIV/2026 was pronounced in a Ruling Hearing held on Thursday (30/7/2026) in the MK Plenary Courtroom.