Expert: Repeated Free Nutritious Meal Poisonings Could Face Criminal Sanctions
Repeated cases of poisoning within the Free Nutritious Meal (MBG) programme are deemed insufficient to be resolved solely through apologies and administrative sanctions. Criminal law expert from Trisakti University, Abdul Fickundar Hadjar, believes that negligence leading to poisoning and death could enter the realm of criminal law.
According to Fickar, law enforcement agencies need to take action against responsible parties if they are proven to have been negligent in implementing Standard Operating Procedures (SOP) for the provision of MBG meals. “If it has caused poisoning and death, in my opinion, there must be legal action against the involved parties, even if it was not intentional but rather negligence,” Fickar stated on Thursday (10/9).
He believes that imposing criminal sanctions is essential because MBG poisoning cases continue to recur in various regions. So far, handling of these cases has tended to stop at apologies and the imposition of administrative sanctions. “Therefore, the imposition of criminal sanctions will, in turn, help avoid or prevent the occurrence of poisoning,” Fickar emphasised.
However, Fickar warned that legal action must be carried out comprehensively. Law enforcement needs to untangle the source of negligence and determine which parties are responsible for the poisoning. Furthermore, he stated that investigations should not only be directed at the Nutrition Fulfilment Service Units (SPPG) but also need to look at the possibility of other factors affecting food quality and safety.
“For example,” he added, “by considering whether the negligence was solely caused by the SPPG or related to other matters, including budget cuts.”
In addition to the aspect of negligence, he encouraged that suspected misappropriation of funds related to the poisoning incidents also be investigated. According to him, the criminal aspect of budget management and its impact on food safety cannot be separated. “Therefore, the prosecution of budget misuse must be synchronised with the consequences of the poisoning,” said Fickar.
This statement aligns with the stance of the Head of the National Nutrition Agency (BGN), Sudaryono, who previously opened the possibility of criminal sanctions against SPPG managers proven to be negligent, leading to poisoning. This was conveyed by Sudaryono in response to the case of hundreds of students who suffered poisoning after receiving MBG meals in Sidoarjo, East Java. “This has happened several times. So, whether it is criminal or not depends on the results of the investigation by law enforcement agencies,” Sudermono said following a meeting with Commission IX of the House of Representatives (DPR RI) on Thursday (3/9).
Sudaryono stated that several MBG poisoning cases in various regions are being handled by the police. Some cases have even progressed from the investigation stage to the full investigation (penyidikan) stage. “So far, from the reports we have received from the police, several kitchen sites that caused health disturbances and food poisoning are being investigated, and some have moved to the investigation stage,” said Sudaryono.
Currently, seven students remain hospitalised across three healthcare facilities, namely RSI Siti Hajar (5 people), RS Arafah Anwar (1 person), and RS Rahman Rahim (1 person).
In Pati, the case of alleged mass poisoning affecting hundreds of students and teachers after consuming MBG menus has been declared an Outbreak (KLB). The number of students and teachers suspected of being poisoned after consuming Free Nutritious Meals at SMP Negeri 1 Gembong and MTs Negeri 3 Pati continues to rise. Food samples served at the school were declared positive for three types of bacteria: Bacillus cereus, Staphylococcus aureus, and Escherichia coli (E. coli).
Meanwhile, the condition of Febiola Purba, 16, a vocational high school student in Karo Regency, North Sumatra, has not improved after nearly a month as a victim of alleged poisoning from the MBG programme.