Pemanfaatan Sisa dan Kelebihan Produksi Pangan Dapur Program Makan Bergizi Gratis sebagai Sumber Pasokan Bank Makanan (Food Bank): Telaah Yuridis-Normatif di Indonesia

The Free Nutritious Meal Program (Program Makan Bergizi Gratis/MBG), operated by Nutrition Fulfillment Service Units (Satuan Pelayanan Pemenuhan Gizi/SPPG) under the coordination of the National Nutrition Agency (Badan Gizi Nasional/BGN), generates food surplus in two forms: cooked, edible food that remains undistributed, and excess fresh raw materials (overstock) in kitchen storage. Concurrently, Indonesia faces a food paradox: national food loss and waste is estimated at 23–48 million tons annually, valued at IDR213–551 trillion or 4–5 percent of gross domestic product, while 23.36 million people remain below the poverty line. This study aims to examine the juridical legitimacy of utilizing surplus food from MBG kitchens as a supply source for food banks serving the poor and vulnerable population, employing a juridical-normative method with a case-study approach centered on the Food Bank Indonesia initiative in Pekalongan City, under the auspices of the Yayasan Kemandirian Perkoperasian Indonesia (YAKKIN). The analysis examines three regulatory layers: Law Number 18 of 2012 on Food, the BGN General Guidelines on the System and Governance of the MBG Program, and BGN Circular Letter Number 3 of 2026, integrated with the national circular economy policy framework. The findings indicate that both the opportunity and the legal basis for such utilization exist and are legitimate, provided a strict distinction is maintained between pre-distribution food (at the kitchen/SPPG level), which may be reallocated through the "third-party cooperation" mechanism (BGN Guidelines Chapter 6.13) and "distribution reallocation" (Chapter 6.2 point 3), and post-distribution food already handed to beneficiaries, which is prohibited from reallocation under BGN Circular Letter Number 3 of 2026 point 5 letter f. The operational legitimacy of food banks is further conditioned on compliance with food safety standards under Article 90 of the Food Law. This study contributes legal certainty for collaboration between government food-assistance kitchens and community-based food bank institutions in Indonesia, while offering a governance model that is replicable at the national scale.