Jakarta, Indonesia- The Constitutional Court of Indonesia ruled on Thursday, July 30, that funding for the government's national Free Nutritious Meal (MBG) program must be completely separated from the state education budget no later than the 2028 fiscal year. In its decision on Case No. 40/PUU-XXIV/2026, filed by the Taman Belajar Nusantara Foundation, the Court partially granted the petition, determining that food distribution cannot be legally categorized as an operational expense of education within the State Budget (APBN).
Reading the majority opinion, Constitutional Judge Enny Nurbaningsih stated, "The MBG program, or any program under another name involving the distribution of nutritious meals within the scope of the education budget, must be removed or separated from the operational definition of education provision so that it no longer utilizes the education budget allocation within the State Budget."
The Court simultaneously issued rulings on two related petitions, Cases No. 52 and 55, which sought to uphold the constitutional mandate requiring at least 20 percent of the state budget be allocated exclusively to education. Both petitions challenged the diversion of funds from the IDR 769.09 trillion (approximately $42,6 billion) education budget to finance the meal program. However, the justices declared both cases inadmissible on procedural grounds, dismissing them without ruling on their legal merits.
Following the hearing, a coalition of student groups and civil society organizations expressed disappointment with the outcome. "Everyone knows this is a hollow victory, and we are disappointed," said Hafidz Haernanda, a representative of the Student Executive Board of the University of Indonesia (BEM UI).
In total, the Court issued decisions on all three lawsuits before it, partially granting a delayed separation of the funds while allowing the current budgetary practice to remain in place through the upcoming fiscal years.
