Citizen Lawsuit sebagai Suatu Gerakan Perlawanan dalam Menggugat Negara atas Kelalaian dalam Program Makanan Bergizi Gratis (MBG)

Abstract

Health is the basic right of every citizen guaranteed by the constitution and international law. The Free Nutritious Eating Program (MBG) launched by the government aims to improve the quality of nutrition for schoolchildren. However, its implementation causes serious problems, especially related to food safety, which is characterized by thousands of cases of mass poisoning in various regions. This case shows the state's negligence in the aspects of supervision, quality control, and compliance with standard operational procedures (SOP). Based on Article 28H and 28D of the 1945 Constitution and Article 1365 of the Civil Code, state negligence that harms public rights can be filed through the Citizen Lawsuit mechanism, which is a lawsuit by citizens against the government for acts against the law by the ruler (onrechtmatige overheidsdaad). This research uses a normative legal method with a legislative and conceptual approach to examine: (1) the legal basis and practice of the Citizen Lawsuit in the Indonesian legal system; and (2) the application of this lawsuit as a control instrument against state negligence in the implementation of MBG. The results of the study show that although the Citizen Lawsuit has not been explicitly regulated in the law, the practice has been recognized through various Supreme Court decisions, which expands the understanding of legal standing for the public interest. However, its implementation is still facing significant obstacles, such as the lack of clarity of the plaintiff's legal position, the difficulty of proving causality in poisoning cases, as well as political resistance to criticism of the government's flagship program. It is necessary to update regulations and strengthen judicial capacity so that the Citizen Lawsuit can be an effective correction mechanism for public policy. The MBG case is a reminder that children's rights to nutrition and health should not be sacrificed for political interests, and that the state must be responsible for its negligence in protecting the fundamental rights of its citizens.