MK Rules Free Nutritious Meal Program Must Be Separated From Education Budget

The Indonesian Constitutional Court (MK) has ruled that the Free Nutritious Meal program (MBG) must be funded independently and cannot be drawn from the mandatory 20% education budget. The court mandated that the program’s funding be separated from education allocations no later than the 2028 State Budget (APBN), according to reports from CNN Indonesia and Kompas.com.

The ruling follows a legal challenge regarding the Law on the State Budget. The court determined that using the education budget for the MBG program violates the specific purpose of the 20% constitutional mandate, which is intended for the improvement of education quality and infrastructure rather than nutritional programs, as reported by the Mahkamah Konstitusi RII.

The Presidential Palace and the House of Representatives (DPR) have both acknowledged the decision. Cabinet Secretary Prasetyo Hadi stated that the Palace is responding to the ruling, while leadership within the DPR has indicated that the separation of these funds is a necessary step for fiscal clarity, according to Sindonews and Kompas.com.

DPR Response to MBG Budget Separation

Leadership of Commission X of the DPR expressed agreement with the court’s decision. According to Kompas.com, the commission stated that the MBG budget must indeed be separated from the education budget to ensure that the mandatory 20% allocation for education is not diluted by other social programs.

This separation is intended to prevent the overlap of funding sources and ensure that the education budget remains focused on its primary objective of enhancing the national education system. The DPR’s stance suggests a willingness to reorganize the state budget to accommodate the MBG program without infringing on the education mandate.

Timeline for Implementation by 2028

The Constitutional Court has provided a transition period for the government to adjust its financial planning. CNN Indonesia reports that the government has until the 2028 State Budget to fully decouple the MBG funding from the education sector.

This deadline means that for the immediate upcoming budget cycles, the government may still be in a transitional phase, but the final legal requirement is that by 2028, no portion of the 20% education budget can be used to support the Free Nutritious Meal initiative.

Legal Implications for the State Budget

The ruling clarifies the legal boundary of the “20% education budget” mandate. According to the Mahkamah Konstitusi RII, the court found that the MBG program, while supporting student health, does not fall under the direct category of educational spending required by the constitution.

By forcing a separate budget line for MBG, the court ensures that the government cannot use the nutrition program as a justification to reduce spending on teachers’ salaries, school facilities, or curriculum development. This decision effectively protects the integrity of the education fund from being redirected toward social welfare programs.

The Presidential Palace, via Cabinet Secretary Prasetyo Hadi, has confirmed that the administration is taking the ruling into account as it plans the implementation of the MBG program, which is a flagship initiative of the current government, as reported by Sindonews.