The Mahkamah Konstitusi has ruled that the budget for the Makan Bergizi Gratis (MBG) program must be separated from the national education budget, with the change taking effect no later than two years from the ruling or within the 2028 state budget (APBN), according to an official announcement on Tuesday, August 4, 2026. Head of the Badan Gizi Nasional (BGN) Sudaryono stated that as an operational agency, his office will execute government policies in accordance with statutory regulations.
Legal Status and Budget Separation Timeline
According to the BGN’s legal review, the ruling does not cancel or halt the implementation of the MBG program. Instead, it provides direction regarding budgetary adjustments that the government will implement in phases, establishing that the program remains constitutional. Sudaryono explained that the substance of the ruling does not alter the legal standing or existence of the program, but rather places boundaries on budget mechanisms—specifically regarding the calculation of MBG funding within mandatory spending components for education.
The BGN legal analysis concluded that Putusan Mahkamah Konstitusi Nomor 40/PUU-XXIV/2026 is conditionally constitutional. Consequently, the adjustments apply to the budgeting norms of the program rather than its foundational legal basis. Because the ruling is final and binding, it serves as a guideline for the government as it designs future budgets for the initiative.
Did You Know? The BGN’s legal review determined that the ruling classifies the program as conditionally constitutional, meaning the core mandate remains valid while only the funding mechanism requires structural adjustment.
Institutional Mandate and Continuity
Starting with the 2028 fiscal year, MBG allocations that fall outside primary educational components will no longer count as part of operational education funding. However, Sudaryono emphasized that this modification will not diminish the strategic continuity of the program. He noted that the decision delivers legal certainty regarding the initiative’s survival while clarifying its financial management.
The institutional standing, authority, duties, and functions of the BGN as the program’s organizer remain unchanged by the decision. The agency retains its mandate to ensure that the initiative operates effectively and accountably, delivering optimal benefits to the public. Sudaryono confirmed that his team will support the transition while maintaining high standards for community nutrition programs.
Frequently Asked Questions
What did the Mahkamah Konstitusi decide regarding the MBG program?
The court ruled that the budget for the Makan Bergizi Gratis program must be separated from the education budget, a change that takes effect within a maximum of two years or starting in the 2028 state budget (APBN).
Does the ruling cancel or stop the Makan Bergizi Gratis program?
No. According to the BGN, the ruling does not cancel or halt the program. It affirms that the initiative is constitutional and leaves the legal basis of the program intact while adjusting the budgeting mechanism.
Will the role of the Badan Gizi Nasional change following the decision?
No. The legal review confirms that the decision does not alter the position, authority, duties, or functions of the BGN as the entity responsible for organizing the program.
How will the two-year transition period impact the daily delivery of community nutrition services?
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