Constitutional Court Rules Free Nutritious Meal Programme Cannot Be Funded from Education Budget

The Constitutional Court (MK) has stated that the government’s policy of allocating the Free Nutritious Meal (MBG) programme budget under the education budget is a method to ensure education spending meets the minimum 20 per cent requirement mandated by the 1945 Constitution. This assessment was delivered by Constitutional Justice Daniel Yusmic during a hearing on the judicial review of Law Number 17 of 2025 concerning the State Revenue and Expenditure Budget (APBN) for the 2026 fiscal year. Justice Yusmic explained that the state’s intervention in charging the MBG budget to the education budget indirectly serves as a ‘way’ to achieve the constitutional mandate of at least 20 per cent for education funding. The court expressed concern that this mechanism could actually hinder the resolution of fundamental issues within the education sector, such as the provision of adequate facilities, infrastructure, and the fulfilment of teacher salaries and allowances, which are essential elements of education delivery. Consequently, the court ruled that the explanation of Article 22 paragraph (3) of Law Number 17 of 2025, which includes the MBG programme, has expanded the meaning of the norm and created legal uncertainty. However, the court maintained that the phrase ‘operational implementation of education’ within the article itself does not pose constitutional issues.