Gejala Machtstaat dalam Regulasi Proyek Strategis Nasional Studi Kritis Ketiadaan Undang-Undang Khusus Makan Bergizi Gratis

Abstract

The Free Nutritious Meals Program (Makan Bergizi Gratis/MBG) is a national strategic policy related to the fulfillment of citizens' rights to health and welfare. The program is regulated by Presidential Regulation Number 115 of 2025, but has not yet been supported by a specific statute. This study examines the limitations of sanctions under Presidential Regulation Number 115 of 2025 and the implications of the absence of a specific statute for the legal certainty and sustainability of the MBG Program from the perspectives of Rechtsstaat and Machtstaat. This normative legal study applies statutory and conceptual approaches. The results show that Presidential Regulation Number 115 of 2025 regulates supervision and risk management but does not provide comprehensive mechanisms for accountability and sanctions concerning risks that may threaten beneficiaries' health. The absence of a specific statute also makes the legal framework of MBG heavily dependent on executive regulations. This condition may indicate a tendency toward Machtstaat when executive authority is not adequately balanced by legislative oversight and checks and balances.