Regarding MBG: Several Flawed Arguments Refuted

Jakarta (ANTARA) - Legal expert Feri Amsari, during a discussion on the Sinkos Channel on 4 September, criticised the Free Nutritious Meal (MBG) programme, stating it is being implemented without adequate planning and piloting, reflecting an unhealthy approach to policymaking.

Feri stated: “MBG, for example, is being forced through without planning and without piloting. Imagine a fund of Rp36pt6 trillion without any specific legislation.” He subsequently linked the absence of a special law to a lack of criminal accountability in the event of food poisoning.

Feri even suspected that the absence of a specific law might be part of a strategy. Thus, his premise consists of four links: no planning, no pilot testing, no special law, and consequently, no criminal accountability.

I respect Feri’s right to criticise the government. Criticisms regarding the quality of planning, kitchen discipline, food safety, and the magnitude of the budgetary burden are indeed worth hearing. However, criticism is different from a verdict, and concern is different from a legal conclusion. Here, it is evident that Feri’s arguments are beginning to fall apart one by one.

Firstly, the President’s mandate is not a blank cheque to be filled as one pleases, nor is it a completely empty sheet of paper. President Prabowo obtained a political mandate through the 2024 General Election and subsequently exercises governmental power based on Article 4, paragraph (1) of the 1945 Constitution. While this electoral mandate does not allow the President to act arbitrarily, it provides the constitutional authority to translate political promises into government programmes, provided they do not contravene the law.

MBG is also intertwined with the right to health under Article 28H, as well as the state’s obligation to provide healthcare services and care for vulnerable groups under Article 34 of the 1945 Constitution. Therefore, the basis for MBG is not merely “Prabowo won the election” or a “political promise,” but rather a mandate from the people, constitutional executive power, the goal of welfare, implementing regulations, and a budget approved by the House of Representatives (DPR).