Food Poisoning in the Free Nutritious Meals Program as a Reflection of SPPG Negligence

Abstract

This study aims to examine and analyze the legal regulations and liability regarding negligence committed by the Nutrition Fulfillment Service Unit (SPPG) within the Free Nutritious Meal Program that results in food poisoning. The study employs a normative legal research method utilizing statutory and conceptual approaches, referencing the Indonesian Criminal Code (KUHP) specifically Law No. 1 of 2023 and Law No. 18 of 2012. Legal sources consist of primary materials (legislation, including the Criminal Code and relevant laws), secondary materials (legal literature and scientific journals), and tertiary materials (legal dictionaries and encyclopedias). Data were analyzed qualitatively to provide a comprehensive overview of the issue. The research findings indicate that negligence by the SPPG is regulated under Article 434 of Law No. 1 of 2023 (the Criminal Code); such negligence arises from a breach of legal obligations (duty of care) and food safety standards (BPOM Regulation No. 13/2019 and Minister of Health Regulation No. 2/2023). Regarding legal liability, the SPPG holds the status of a corporate legal subject (Articles 45–50 of Law No. 1/2023). Criminal liability is imposed on the SPPG entity and its management through a combination of Identification Theory, Vicarious Liability, and Strict Liability doctrines. Furthermore, under the doctrine of Parent Liability, liability may extend to the National Nutrition Agency (Badan Gizi Nasional) if the incident stems from systemic or policy failures. The study recommends that the National Nutrition Agency tighten supervision, mandate periodic hygiene audits, and impose strict sanctions for any disregard of safety standards. Additionally, law enforcement officials should strictly enforce corporate criminal liability extending to the managerial levels of the SPPG and the parent agency, rather than limiting enforcement solely to field workers.