Reconstruction of Business Law in the Governance of the Free Nutritional Meal Program in Indonesia
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Abstract
The Free Nutritional Meal Program (MBG) is a strategic government policy aimed at improving human resource quality through the fulfillment of nutritional needs, particularly for students. Its implementation creates business legal relationships in government procurement, partnerships with business actors and MSMEs, and food supply-chain management. This study aims to analyze weaknesses in business law regulation governing the MBG Program and formulate a reconstruction model that supports effective, transparent, and equitable governance. This normative legal research uses statutory and conceptual approaches, with legal materials analyzed qualitatively through prescriptive juridical analysis. The results show that MBG governance weaknesses can be classified using Lawrence M. Friedman's legal system theory: legal substance remains fragmented in contractual standards, risk allocation, and business-actor protection; legal structure is weakened by overlapping functions and coordination gaps among implementing and supervisory institutions; and legal culture requires stronger compliance with procurement procedures, food-safety standards, transparency, contractual ethics, reporting, and oversight. Reconstruction is directed through five interrelated pillars: regulatory harmonization, contract standardization, institutional strengthening, reinforced oversight and dispute resolution, and empowerment of MSMEs, cooperatives, and Village-Owned Enterprises accompanied by a stronger compliance culture. The novelty of this study lies in integrating those five pillars into a substance-structure-culture reconstruction model, whereas the current governance framework primarily emphasizes administrative program implementation rather than integrated business-law relations. This model is intended to strengthen legal certainty, accountability, fairness, and sustainability in MBG governance
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