Constitutional Court Rules Free Nutritious Meal Budget Must Be Separated from Education Fund by 2028

The Constitutional Court (MK) has granted a judicial review filed by a group of citizens demanding that the education budget not be used for the Free Nutritious Meal (MBG) programme. The court has instructed the government to create a separate budget for MBG starting in 2028.

“The petitioners’ request is partially granted,” said Chief Justice Suhartoyo during the ruling hearing on Thursday (30/7/2026).

The court also declared that the Elucidation of Article 22 paragraph (3) of Law Number 17 of 2025 concerning the 2026 State Budget is conditionally unconstitutional. The ruling stipulates that the elucidation, which includes the free nutritious meal programme as part of operational education funding, is only valid for the 2026 State Budget. For subsequent fiscal years, the budget for the nutritious meal programme, which is not a core component of education, must be separated from the operational education budget. This separation must be implemented no later than the 2028 State Budget, or within two years of the ruling being pronounced.

In its legal considerations, the court stated that the objective of the MBG programme is to address stunting and other health issues. The court was of the view that this broad objective warrants a dedicated budget allocation within the state budget, rather than being placed as an extension of the definition of operational education funding. Consequently, while the elucidation of Article 22 paragraph (3) of Law 17/2025 was deemed unconstitutional, the 2026 State Budget itself remains constitutional. The court ordered that the separation of the MBG budget from the education budget must be completed by the 2028 fiscal year at the latest.

The judicial review, registered as case number 40/PUU-XXIV/2026, was filed by the Taman Belajar Nusantara Foundation and several individuals. The petitioners argued that the MBG programme’s allocation of Rp 223 trillion, or about 29 percent of the total Rp 769.1 trillion education budget in the 2026 State Budget, reduced the fiscal capacity for improving education quality, including teacher development, facilities, and equitable access.