Indonesia Food Poisoning Outbreak: Can Victims of the Free School Meal Program Sue?

In recent months, Indonesia has been grappling with a concerning surge in food poisoning cases linked to President Prabowo Subianto’s flagship free school meal program. This initiative, intended to combat malnutrition and boost the economy, has been marred by outbreaks affecting hundreds of students across the archipelago. With over 4,000 children sickened since January 2025, questions arise about the legal recourse available to victims and their families. Can they sue for damages? What are their rights under Indonesian law?

The Free School Meal Program: A Promise and a Peril

President Prabowo Subianto’s free school meal program, known locally as Makan Bergizi Gratis (MBG), was launched with ambitious goals: to provide nutritious meals to 83 million children and pregnant women by 2029, improve their quality of life, and stimulate economic growth. The program, budgeted at billions of dollars, involves distributing meals prepared in central kitchens to schools nationwide.

However, the rollout has been plagued by safety concerns. Since its inception, numerous incidents of mass food poisoning have been reported, raising serious questions about hygiene standards, food safety protocols, and government oversight. In August 2025, over 360 people fell ill in Sragen, Central Java, marking the largest outbreak linked to the program to date. Other incidents have occurred in West Java, Bengkulu, and Central Sulawesi, affecting hundreds more students.

These outbreaks have sparked public outrage and prompted calls for stricter controls and accountability. While the government has pledged to cover medical expenses for those affected, many are wondering if further legal action is possible.

Legal Grounds for Suing in Indonesia

In Indonesia, several laws and regulations provide a framework for consumer protection and product liability, offering potential avenues for victims of food poisoning to seek compensation.

Law No. 8 of 1999 on Consumer Protection (CPL): This law guarantees consumers the right to safety, comfort, and accurate information regarding goods and services. It also outlines the obligations of business actors to act in good faith, provide clear and honest information, and ensure the quality of their products.
Law No. 18 of 2012 on Food (Food Law): This law sets the basic legislation on food safety, quality, and nutrition, emphasizing that food is a basic human right and that the government must ensure its safety and nutritional balance. It also regulates food sanitation, additives, packaging, and labeling.
The Indonesian Civil Code (ICC): The ICC provides a general framework for civil liability, including provisions for negligence and breach of contract.

Under these laws, victims of food poisoning may have grounds to sue responsible parties, including:

Food Producers and Suppliers: Companies involved in the preparation, processing, and distribution of contaminated meals can be held liable for negligence, failure to meet safety standards, or providing unsafe products.
Catering Services: Third-party catering services contracted to prepare and distribute the meals are responsible for ensuring food safety and hygiene. They can be sued for failing to comply with food safety regulations or for negligence in food handling and preparation.
Government Agencies: While it may be more challenging, there could be grounds to sue government agencies, such as the National Nutrition Agency (BGN), if they are found to have been negligent in their oversight and monitoring of the program, or if they failed to enforce food safety standards effectively.

Types of Liability: Fault-Based vs. Strict Liability

Indonesian law recognizes both fault-based and strict liability.

Fault-Based Liability: This requires proving that the defendant was negligent or at fault in causing the harm. In a food poisoning case, this could involve demonstrating that the food producer or supplier failed to exercise reasonable care in preparing or handling the food, leading to contamination.
Strict Liability: This holds businesses liable for damages resulting from their products, regardless of fault or negligence. Under the CPL, businesses can be strictly liable for destruction, pollution, and/or losses resulting from the consumption or use of distributed goods. In such cases, the business must prove that there was no fault or negligence on their part.

Legal Process and Potential Compensation

Victims seeking to sue for food poisoning can pursue their claims through the courts or the Consumer Dispute Settlement Agency (CDSA). The CDSA offers an alternative dispute resolution mechanism that may be faster and less expensive than going to court.

Potential compensation in food poisoning cases can include:

Medical Expenses: Costs associated with treatment, hospitalization, medication, and rehabilitation.
Lost Income: Compensation for wages lost due to illness and inability to work.
Pain and Suffering: Damages for physical pain, emotional distress, and psychological trauma.
Punitive Damages: In some cases, courts may award punitive damages to punish the defendant for egregious conduct and deter future wrongdoing.
Compensation for disabilities: Compensation for life-altering disabilities and financial hardships.

Challenges and Considerations

While legal recourse is available, victims may face several challenges in pursuing their claims:

Proving Causation: Establishing a direct link between the consumed food and the illness can be difficult, requiring medical evidence and laboratory testing.
Identifying the Responsible Party: Determining who was responsible for the contamination can be complex, especially when multiple parties are involved in the food production and distribution chain.
Limited Resources: Victims from low-income backgrounds may lack the financial resources to pursue legal action effectively.
Government Immunity: Suing government agencies may be subject to certain limitations and legal hurdles.

Advice for Victims of Food Poisoning

If you or a family member has suffered food poisoning after consuming meals from the free school meal program, consider the following steps:

Seek Medical Attention: Promptly seek medical treatment and obtain a diagnosis from a qualified healthcare professional.
Report the Incident: Report the incident to local health authorities and the school administration.
Gather Evidence: Collect any available evidence, such as meal samples, packaging, and medical records.
Consult with a Lawyer: Seek legal advice from an experienced attorney specializing in consumer protection and product liability.
Consider Joining a Class Action: If multiple victims have been affected, consider joining a class-action lawsuit to strengthen your case and share legal costs.

Moving Forward: Ensuring Food Safety and Accountability

The recent food poisoning outbreaks in Indonesia’s free school meal program underscore the urgent need for stricter food safety controls, enhanced government oversight, and greater accountability. By understanding their legal rights and taking appropriate action, victims can seek compensation for their suffering and contribute to preventing future incidents.

It is crucial for the Indonesian government to prioritize food safety, implement robust monitoring systems, and ensure that all parties involved in the free school meal program adhere to the highest standards of hygiene and quality. Only then can the program fulfill its promise of providing nutritious meals to children without jeopardizing their health and well-being.