Constitutional Court Ruling Strengthens Free Nutritious Meals Programme, Says BGN Chief

The Head of the National Nutrition Agency (BGN), Sudaryono, has stated that the Constitutional Court’s (MK) ruling Number 40/PUU-XXIV/2026, which clarifies that the Free Nutritious Meals (MBG) programme is not a primary component of education, actually strengthens the national priority programme. Based on a legal review conducted by the BGN, the MK’s ruling does not annul or halt the implementation of the MBG programme, but rather provides direction regarding adjustments to the budgeting mechanism to be applied gradually by the government. Sudaryono, familiarly known as Mas Dar, emphasised in an official statement in Jakarta on Monday that as an operational agency, the BGN will implement all government policies in accordance with statutory provisions. “We are an operational agency, so of course we will implement whatever the government’s policy is. What needs to be underlined is that the MK ruling actually affirms that MBG is a constitutional programme,” he said. Mas Dar explained that the substance of the MK ruling does not alter the legality or existence of the MBG programme, but merely provides limitations on the budgeting mechanism, particularly regarding the calculation of the MBG budget within the mandatory education spending component. Consequently, the programme’s implementation will continue, and the government has been granted a transition period of up to two years to adjust its budget policy. The BGN’s legal review concluded that MK Ruling Number 40/PUU-XXIV/2026 is conditionally constitutional, meaning that the adjustment applies to the norm regarding the programme’s budgeting, not the existence or legal basis of the programme itself. The ruling is also final and binding, serving as a guideline for the government in formulating future policies and budget designs for the MBG programme. Furthermore, starting from the 2028 State Budget, the MBG budget, which is not a primary component of education, will no longer be calculated as part of the operational budget for education delivery. However, this change does not diminish the sustainability of the MBG programme as one of the government’s strategic initiatives. Mas Dar assessed that the MK ruling actually provides legal certainty for the continuation of the MBG programme while clarifying its budget governance. “If we examine it more deeply, this MK decision affirms that the MBG programme is constitutional. The focus is on the placement of its budget, and that will certainly be addressed by the government according to the applicable mechanisms,” said Mas Dar. Institutionally, the ruling does not alter the position, authority, duties, or functions of the BGN as the organiser of the MBG programme. The BGN remains mandated to ensure the programme is implemented effectively, accountably, and provides optimal benefits to the community. The BGN affirmed it will continue to support the entire policy adjustment process and ensure the MBG programme runs optimally and excellently as part of the government’s efforts to improve the nutritional quality of the community.