Constitutional Court Decision on MBG Budget: Don't Delay until 2028, and Don't Sacrifice the Health Budget

LAPORSEHAT PRESS RELEASE

The Constitutional Court ruled that the Free Nutritious Meal Program (MBG) budget must be separated from the education budget, no later than the 2028 State Budget. This verdict answers some of the issues, but leaves a major untouched threat: where will the burden of MBG be moved after being released from education?

Concerns are not hypothetical. In the 2026 State Budget, of the total National Nutrition Agency ceiling of Rp268 trillion, around Rp24.7 trillion has been classified into health functions. This means that the MBG line into the health post is open today. Plus the fact that the Health Law No. 17/2023 has abolished the minimum health expenditure obligation (formerly 5% of the state budget), the health budget now has no legal floor, in contrast to education which is still covered the constitution is at least 20%. Health is the most vulnerable sector to be sacrificed.

Upon the verdict, BenarReport expressed a firm stance:

1. Don't Make “By 2028” a Delay Shield

Separation should not be postponed until 2028. Every year MBG is still attached to the education post, which means that the core budget of education is eroded. The government has the capacity to separate MBG posts since the drafting of the 2027 State Budget.

2. Illegal to Move MBG Burden to Health Budget

Separating MBG from education should not mean transferring it to a health post. The path has begun to take shape through Rp24.7 trillion MBG in the 2026 State Budget health function. The claim that this "does not reduce the budget of the Ministry of Health" does not answer the real problem: without a health budget floor, there is no guarantee of safe health posts in the coming years. MBG must have its own budget post, not ride in education, not k is also in health.

3. Restore Health Budget Certainty

The elimination of mandatory health expenditure through Law No. 17/2023 makes the health sector without minimal protection. The government and Parliament must guarantee through binding budget commitments that the separation of MBGs will not erode health and social security budgets. Basic services such as community health centers, JKN, immunization, maternal and child health, and tuberculosis should not be victims.

4. Stop Using the “Stunting” Label to Drain Health Funds

The labels "nutrition" and "stunting" on MBG should not be a gateway to attract health sector funds. Stunting is handled more effectively through upstream interventions: pregnant women's nutrition, exclusive breastfeeding, sanitation, and primary health services and not just school feeding programs. Moving the burden of MBG to the health budget actually weakens the handling of stunting itself.

5. Open the Budget and Results of MBG Evaluation to the Public

Programs of this magnitude, especially after a series of poisoning cases that harm children, must be publicly audited: budget details, beneficiaries, vendor audits, and their impacts. Citizens have the right to know where their money goes.

LAPORSEHAT'S INSISTENCE TO THE GOVERNMENT AND DPR:

• Open budget data, vendor audits, and MBG program evaluation reports transparently to the public.
• Separate MBG budget posts from the education budget starting from the 2027 State Budget, without waiting for 2028.
• Make sure the MBG budget post stands alone without cutting mandatory education spending (20%) or health and social security budgets.
• Restore the certainty of the health budget after the abolition of mandatory spending, so that the health sector has equal protection.