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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Kodrat Alamsyah
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Law, Crime, Criminology & Criminal Justice

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Distorsi Anggaran Pendidikan dalam APBN 2026: Uji Kritis Pengawasan DPR terhadap Program MBG Kodrat Alamsyah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The allocation of the Free Nutritious Meal Program (MBG) within the 2026 State Budget education sector raises constitutional issues concerning the interpretation of mandatory education spending under Article 31 paragraph (4) of the 1945 Constitution of Indonesia. This study examines the House of Representatives’ oversight of MBG allocation in the 2026 education budget and its conformity with the constitutional objectives of education spending. This research is normative legal research employing statutory, historical, conceptual, and case approaches. Legal materials were collected through library research on legislation, constitutional amendment records, Constitutional Court decisions, and literature concerning constitutional budgeting and parliamentary oversight. The study also applies content analysis to statements made by the House of Representatives and the Budget Committee, supported by educational statistical data. The findings indicate that parliamentary oversight tends to be formalistic and procedural, focusing primarily on the administrative fulfillment of the 20% mandatory education spending requirement rather than substantive evaluation of educational quality. Consequently, such oversight risks creating distortions in education budgeting and deviating from the constitutional purpose of mandatory education spending.
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