KERACUNAN MBG SEBAGAI INDIKASI KEGAGALAN SISTEM KEAMANAN PANGAN: Pertanggungjawaban Negara dan Perlindungan Hak Anak di Berastagi

Abstract

The Free Nutritious Meals Program (Makan Bergizi Gratis or MBG) is a public policy designed to improve nutritional fulfillment and human capital development in Indonesia. Its implementation however, raises significant legal concerns when distributed meals are suspected of causing mass food poisoning incidents in Berastagi, Karo Regency, North Sumatra on 13th August 2026 with particular attention to Febiola Br. Purba, a sixteen year old student who was reported to have suffered serious health complications following the consumption of MBG meals.This study employs normative legal research using statutory, conceptual and case approaches. Primary legal materials include the Indonesian Civil Code, Food Law, Child Protection Law, Customer Protection Law, The 1/2023 Criminal Code, Food-Safety Regulations, Presidential Regulation on MBG governance and regulations of the National Nutrition Agency concerning food-safety assurance. The study argues that the most focused legal construction for victim compensation is an Unlawful-Act Claim under Articles number 1365 and 1366 of the Indonesian Civil Code, supplemented by article 1367 where liability arises from acts committed by employees or persons under the operator’s supervision. Food-safety and MBG-specific regulations serve to identify the statutory duties allegedly breached by the responsible parties.Civil Liability may operate concurrently with criminal proceedings. The effectiveness of victim protection ultimately depends on accurately identifying the legally responsible operator and proving a causal relationship between contaminated food and the victim’s injuries. Because the affected victim is a child, compensation should include not only current medical expenses but also medically proven  rehabilitation needs, educational disruption, psychological harm, and future losses.