The Constitutional Court (MK) has partially granted a judicial review\npetition concerning the forfeiture of internet data quota, mandating\nthat operators provide service options ensuring customers\u2019 remaining\nquota remains active and usable. Chief Justice Suhartoyo read the\nverdict in Jakarta on Thursday, stating that petition number\n273\/PUU-XXIII\/2025 was partially granted.<\/p>\n
The court declared that Article 28 paragraph (1) in Article 71 point\n2 of the Annex to Law Number 6 of 2023 on Job Creation is conditionally\nunconstitutional and lacks binding legal force unless it is interpreted\nto mean that telecommunications operators are obliged to provide service\noptions guaranteeing that users\u2019 remaining quota remains active and can\nbe used.<\/p>\n
In its considerations, Constitutional Justice Adies Kadir stated that\ntelecommunications tariffs must reflect the value of services received\nby users, including protection for internet quota that has been paid for\nbut not yet utilised. The court asserted that users with remaining\nquota, whether on prepaid or postpaid plans, must receive legal\nprotection for those rights.<\/p>\n
The court noted that this protection could be implemented through\nvarious service options, such as quota accumulation or rollover,\nextension of the active period, transfer of benefits, compensation,\nrefunds, or other mechanisms. The court assessed that these service\noptions need to be explicitly regulated to provide legal certainty for\noperators while ensuring fair protection for consumers.<\/p>\n
Quota that has not been fully used must be protected as the property\nof the telecommunications service user or be usable until exhausted\nwithout additional charges or tariffs, the court stated. The MK also\nruled that the government must establish a tariff formula that is\nadaptive to technological developments, business models, and public\nneeds while prioritising consumer protection. Furthermore, the\ngovernment and telecommunications operators are required to involve\nstakeholders and consumer protection agencies when making tariff\nadjustments.<\/p>\n
The case was filed by online motorcycle taxi driver Didi Supandi and\nonline culinary trader Wahyu Triana Sari, who challenged the provisions\nof Article 71 point 2 of Law Number 6 of 2023 on Job Creation. Their\nlegal counsel, Viktor Santoso Tandiasa, argued that the article\ncontained multi-interpretable norms without limiting parameters, giving\noperators absolute freedom to conflate service tariffs and ownership\nduration. This created legal uncertainty for consumers, who could not\nunderstand why data they had fully paid for could be lost due to a\nunilaterally determined time variable.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/constitutional-court-orders-mobile-operators-to-provide-options-ensuring-customers-remaining-data-quota-does-1784879579", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }