Laras Widhanar
Universitas 17 Agustus 1945 Semarang

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IMPLEMENTING THE STATE'S OBLIGATION TO GUARANTEE THE CHILD'S CONSTITUTIONAL RIGHT TO NUTRITION THROUGH THE FREE NUTRITIOUS MEAL PROGRAMME (MBG) Laras Widhanar; Bambang Joyo Supeno; Hadi Karyono
Journal Philosophy of Law Vol 7, No 1 (2026): Philosophy of Law
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v7i1.7385

Abstract

Abstract The right to health and nutrition is a fundamental human right and a constitutional mandate under the 1945 Constitution and Pancasila, directed toward the national goal of public welfare. This article examines the Free Nutritious Meal Programme (Makan Bergizi Gratis, MBG) not merely as a social-assistance instrument, but as a manifestation of the state's obligation to fulfil in restructuring a fair and sustainable food system for children. Employing a normative legal method with statutory, conceptual, and Critical Legal Studies approaches, the article finds that child-nutrition fulfilment correlates directly with stunting prevention and cognitive optimisation, such that MBG must be viewed as a non-discriminatory instrument for child-rights protection, while the formation of the National Nutrition Agency requires careful institutional design to avoid mere political and administrative centralisation, prioritising instead accountability, transparency, and substantive justice. Drawing on the documented effectiveness and limitation of predecessor programme such as ProGAS and the Family Hope Programme conditional cash transfer, the article develops a more precise account of the specific institutional and evidentiary condition under which a universal welfare programme of MBG's scale can be expected to achieve genuine distributive impact rather than merely nominal delivery, situating this account within the comparative experience of school-feeding programme in other jurisdiction.