Petitioners Withdraw Constitutional Challenge to State Budget Law Regarding Free Nutritious Meal Programme from Constitutional Court
JAKARTA, KOMPAS.com - The petitioners in the judicial review of the State Budget Law concerning the Free Nutritious Meal Programme (MBG) have withdrawn their lawsuit from the Constitutional Court (MK), and the panel of judges has granted the withdrawal.
As reported on the official website of the MK, accessed by Kompas.com on Friday (15/5/2026), the MK granted the withdrawal of the judicial review of Law Number 17 of 2025 concerning the 2026 State Budget, which previously challenged the provisions of the MBG programme.
With the granting of the withdrawal of Petition Number 127/PUU-XXIV/2026, the petitioners are no longer able to submit the same petition to the MK.
“It is hereby decided, the withdrawal of the petition by the Petitioners is granted,” said the Chief Justice of the MK, Suhartoyo, while reading out the decision in the courtroom of the MK on Tuesday (12/5/2026).
The Court has also confirmed this during the hearing. Furthermore, the Judicial Conference on April 29, 2026, determined that the withdrawal of the petition was legally justified and that the Petitioners could not re-submit the petition.
Subsequently, the Judicial Conference ordered the Registrar of the MK to record the withdrawal of the petition by the Petitioners in the e-BRPK and return the copies of the documents to the Petitioners.
According to Syamsul, the petitioners directly experienced the implementation of the MBG programme because they have school-aged children.
However, the provision regarding the MBG in the 2026 State Budget Law was considered to be in conflict with the Law on the Formation of Legislation (UUP3) because the legislative process was considered not to be transparent.
The petitioners also argued that the provision legalised a policy that wasted state funds without proper planning.
Based on these arguments, the petitioners requested that the Court declare that Article 8 paragraph (5) of the 2026 State Budget Law is in conflict with the 1945 Constitution and does not have binding legal force unless it is interpreted to provide space for public participation and does not conflict with sectoral regulations.
There are six other cases that are still in progress, namely:
- Case Number 40/PUU-XXIV/2026