Constitutional Court Rules Free Nutritious Meals Programme Cannot Use Education Budget from 2028
The Constitutional Court (MK) has partially granted a judicial review petition filed by several citizens regarding the use of the education budget to finance the Free Nutritious Meals (MBG) programme. In its ruling, the MK instructed the government to prepare a separate budget line for the programme no later than the 2028 State Budget (APBN).
“Grant the petitioners’ request in part,” said Chief Justice Suhartoyo while reading the verdict in a session on Thursday, 30 July 2026.
The MK also declared that the Explanation of Article 22 paragraph (3) of Law Number 17 of 2025 concerning the 2026 Fiscal Year State Budget is conditionally unconstitutional. The ruling states that the provision only applies to the 2026 State Budget, and for subsequent years, the budget for the nutritious meals programme, which is not a core component of education, must be separated from the operational budget for education provision. This separation must take effect no later than the 2028 State Budget, or at most two years from the pronouncement of this ruling.
In its legal considerations, the Court assessed that the MBG programme was designed to address stunting and other health problems caused by uneven fulfilment of public needs. Because the programme’s objectives are so broad, the MK believes its financing should be placed in a separate budget line within the state budget.
“The objective of MBG, which is cited as a tangible solution to stunting and other health issues due to the state’s uneven fulfilment, is a broad objective, so according to the Court, it must be allocated a separate budget line in the APBN, rather than being placed as an expansion of the definition of operational education provision,” a constitutional justice stated.
The Court also affirmed that although the Explanation of Article 22 paragraph (3) of Law Number 17 of 2025 was declared conditionally unconstitutional, the provision can still be applied for the 2026 Fiscal Year State Budget. Thus, the implementation of this year’s budget remains constitutional.