Journal Philosophy of Law
Vol 7, No 1 (2026): Philosophy of Law

IMPLEMENTING THE STATE'S OBLIGATION TO GUARANTEE THE CHILD'S CONSTITUTIONAL RIGHT TO NUTRITION THROUGH THE FREE NUTRITIOUS MEAL PROGRAMME (MBG)

Laras Widhanar (Universitas 17 Agustus 1945 Semarang)
Bambang Joyo Supeno (Universitas 17 Agustus 1945 Semarang)
Hadi Karyono (Universitas 17 Agustus 1945 Semarang)



Article Info

Publish Date
27 Sep 2026

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.

Copyrights © 2026






Journal Info

Abbrev

phil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental ...