Constitutional Court Bans Use of Education Budget for Free Nutritious Meals Programme

The Constitutional Court (MK) has decided to partially grant a petition filed by the Taman Belajar (TB) Nusantara Foundation regarding the policy of using the education budget in the 2026 State Budget Law for the Free Nutritious Meals (MBG) programme implemented by the government of Prabowo Subianto and Gibran Rakabuming Raka. “The verdict. Adjudicates: one, grants the Petitioners’ request in part,” said Chief Justice Suhartoyo reading the ruling at the MK Building in Central Jakarta on Thursday afternoon. The MK declared that education budget funds in the State Budget (APBN) may no longer be used for the implementation of the MBG programme. The court also mandated that the separation of the MBG programme budget from education funds must commence with the 2027 State Budget Law or, at the latest, the 2028 State Budget Law. “For the State Revenue and Expenditure Budgets in subsequent years, the budget for the MBG programme, which is not a main component of education, shall be separated, or not be part of the operational budget for education provision, and this separation shall apply no later than the 2028 State Budget,” he stated. In its considerations, the court noted that the constitutional mandate under Article 31 paragraph (4) of the 1945 Constitution requires an education budget allocation of at least 20 per cent of the state budget, which should no longer include the MBG programme in subsequent years. Constitutional Justice Enny Nurbaningsih explained that the 20 per cent allocation is intended to meet the financing of core educational components such as students, educators and education personnel, facilities and infrastructure, curriculum, and educational evaluation and development, and does not include financing for the MBG programme. The court also found that the elucidation of Article 22 paragraph (3) of the 2026 State Budget Law, which included the MBG programme in operational education funding, had broadened the meaning of the norm, thereby failing to meet the mandatory spending and constitutional mandatory principles. The court stated that if MBG funding remains within the education budget for the 2027 fiscal year, it can only be justified as long as it does not reduce the mandatory 20 per cent allocation for core educational components. Considering that the planning process for the 2027 State Budget is already underway, the court set the latest deadline for total separation at the 2028 budget, though it encouraged the government to implement the separation as early as the 2027 budget. The petition was originally filed by the Taman Belajar Nusantara Foundation, which challenged the inclusion of MBG funding in the education budget under the 2026 State Budget Law, arguing it violated the constitutional mandate requiring a minimum 20 per cent allocation for education. The petitioners contended that the constitution’s phrasing indicates education funding must be a top fiscal priority and cannot be treated as an ordinary budget item that can be diverted. They argued that education budget allocations should be used directly for core educational needs, including facilities, learning quality improvement, educator welfare, and access equality. During the hearing, student groups including BEM UI held a demonstration outside the MK building to show solidarity with the judicial review of the education budget allocation.