Key Points of the Constitutional Court Challenge Against Using Education Budget for Free Nutritious Meals Programme

Law Number 17 of 2025 on the State Revenue and Expenditure Budget (APBN) for the 2026 fiscal year is currently undergoing judicial review at the Constitutional Court (MK). The petitioners contend that this year’s state budget contravenes the constitution by incorporating the funding for the free nutritious meals programme (MBG) into the national education budget structure, which is constitutionally required to be at least 20 per cent of the APBN.

The judicial review petition was filed by the Taman Belajar Nusantara Foundation (TB Nusantara) together with three university students and an honorary teacher. The petition was submitted at the end of January 2026.

The judicial review process is currently under way at the Constitutional Court. The following are the key points of the challenge:

MBG Budget Allocation Deemed Problematic

The petitioners’ legal counsel, Abdul Hakim, stated that the judicial review was undertaken to safeguard the mandate of Article 31(4) of the 1945 Constitution. “That article obliges the state to prioritise an education budget of no less than 20 per cent of the APBN to meet the needs of national education provision,” Abdul Hakim said.

According to Hakim, the provisions of Article 22(3) and its elucidation in the 2026 APBN Law have broadened the meaning of operational education funding by incorporating the financing of the MBG programme. He argued that the programme is not directly related to the core function of education.

The petition explains that of the total 2026 education budget of Rp769.1 trillion, approximately Rp223 trillion has been allocated to MBG funding. This means nearly 29 per cent of the education budget is absorbed by the programme.

“This budget shift reduces the fiscal space for more pressing educational needs, such as improving teacher quality, school facilities and infrastructure, educational assistance, and equitable access to education,” he said.

In their petitum, the petitioners request that the Constitutional Court declare Article 22(3) of the 2026 APBN Law unconstitutional insofar as it is interpreted to include the nutritious meals programme, and that the elucidation of the article be annulled on the grounds that it unlawfully expands the norm.

Petitioners Do Not Oppose MBG

Abdul Hakim stated that the petition does not reject the MBG programme but rather seeks to ensure that the programme does not piggyback on the education budget, which is constitutionally required to be prioritised for national education provision.

“The education budget is a constitutional mandate that must not be fulfilled in a merely formalistic manner. If a large portion is diverted to programmes outside core education, then the right to proper and quality education will be jeopardised,” he said.

He noted that the practice of incorporating a nutritious meals programme into the education budget is a policy not found in other countries.

Brazil, he said, explicitly prohibits supplementary programmes such as food aid and health services from being included in the education budget. In the United States, school lunches are not classified as part of the education budget but rather as a public health and food security policy under the jurisdiction of the Department of Agriculture (USDA).

“This means that even though meal programmes for students are considered important, they are legally and budgetarily positioned outside the education regime,” he said.

Decline in Education Budget Lines in the 2026 APBN

Based on data held by the petitioners’ legal team, a number of education components experienced reduced allocations after the MBG project was incorporated into the 20 per cent education budget framework within the APBN.

In aggregate, the education budget did increase from Rp724.26 trillion in 2025 (Presidential Regulation 201/2024) to Rp769.08 trillion in 2026 (Presidential Regulation 118/2025). However, the significant jump in the National Nutrition Agency’s allocation for MBG of Rp223.55 trillion is considered to have altered the expenditure composition and displaced fiscal space for other education items.

In 2025, the education budget for the National Nutrition Agency stood at Rp56.8 trillion. In 2026, the figure surged to Rp223.55 trillion. This nearly fourfold increase has become the largest component of education spending through ministries and agencies.

As a result, although the education budget rose in aggregate terms, a number of ministries and other education budget lines actually experienced cuts. According to data provided by the petitioners’ legal counsel, several ministries saw their education budgets reduced.

The most significant change was seen in education funding through transfers to regional governments. Total education transfers to regions fell from Rp347.09 trillion in 2025 to Rp264.62 trillion in 2026.

Education funding through the financing mechanism also experienced significant cuts. Total education financing fell from Rp80 trillion in 2025 to Rp34 trillion in 2026.

Government and Parliament Claim MBG Does Not Use Education Budget

Minister of Primary and Secondary Education Abdul Mu’ti claimed that the MBG programme does not reduce the education budget at his ministry. He assured that strategic education programmes remain operational and have even been expanded in 2026.

“If there is a perception that MBG is reducing the education budget, we state emphatically that this is not true. The president’s education programmes continue to be implemented to the best of our ability,” Mu’ti said at the Coordination Meeting on MBG Programme Implementation in East Java on Thursday, 19 February 2026.

Mu’ti cited a number of education programmes whose budgets increased or remained unchanged in 2026, including school revitalisation and the Indonesia Smart Programme (PIP).

Meanwhile, Chairman of House Commission X Lalu Hadrian Irfani claimed that education funds within the state budget are not being used for the operational costs of the MBG project. According to Lalu, Commission X — which serves as the working partner of the Ministry of Education — has not found evidence that the education budget has been allocated for MBG implementation.

“We know that the education budget has not been taken by MBG,” said the National Awakening Party (PKB) politician at the House of Representatives complex in Jakarta on Friday, 20 February.