ATSI Reveals Impacts of Expiring Quota Rule in Constitutional Court Hearing
Jakarta (ANTARA) - The All-Indonesia Telecommunications Operators Association (ATSI) has revealed several consequences that would arise if the Constitutional Court’s (MK) petition for material review regarding the expiry of unused internet quotas, which cannot be carried over to the next active period, is granted.
According to ATSI’s legal representative Adnial Roemza, one consequence would be an increase in internet tariffs, which could be exploited by certain groups for unregulated interests outside the oversight of the state or mobile operators (opsel).
“In this situation (rising tariffs), parties with high purchasing power would benefit by hoarding limited-capacity internet access for their own and affiliated interests over indefinite periods,” Adnial stated during the hearing at the MK on Monday, concerning the material review of Law No. 6 of 2023 on Job Creation.
Another consequence, Adnial said, would be that the limited network capacity and radio frequency spectrum would reach maximum load, creating internet access scarcity and hindering connectivity for those not yet connected to the internet network.
Additionally, the state and mobile operators would struggle to control customer behaviour in hoarding internet access for resale. This is because individuals without proper business licences, as required by regulations binding mobile operators, could engage in such activities or use illegal internet access.
According to him, this would lead to network load accumulation; customers could access the internet service capacity, but due to buildup from accumulated data in the limited internet network capacity, data service speeds would be significantly reduced or extremely slow.
“This would disadvantage customers in terms of internet service quality,” he explained.
Before the MK panel of judges, Adnial conveyed that volume- and time-limited internet services should also be understood as part of the governance of the limited internet network ecosystem.
The costs incurred by mobile operators do not depend on the volume or data used by customers, but rather on procuring network infrastructure capacity, network maintenance, and operational costs for customer services.
Mobile operators, he said, have invested heavily in providing internet networks and strive for their data internet services to be absorbed by the public.
To this end, mobile operators are compelled to innovate and create diverse service models that suit the needs and abilities of various societal segments.
Mobile operators, he continued, cannot recoup investments quickly and immediately due to competition with other mobile operators. This is compounded by societal purchasing limitations and tariff setting based on government-determined formulas that are constantly monitored.
Thus, in its petitum, ATSI requested the MK panel to issue a ruling in the exception stage declaring the petitioners’ request inadmissible, or in the main case, to reject the petitioners’ request in its entirety.
This petitum was submitted in case number 273/PUU/XXIII/2026, filed by online motorcycle taxi driver Didi Supandi and online food vendor Wahyu Triana Sari, challenging Article 71 paragraph 2 of Law No. 6 of 2023 on Job Creation.
The article amends Article 28 of Law No. 26 of 1999 on Telecommunications, which regulates telecommunications service tariffs.
Fundamentally, the petitioners challenge the system of forfeiting unused internet quotas at the end of the quota’s active period by telecommunications service providers or operators.
The hearing, chaired by MK Chief Justice Suhartoyo, in addition to hearing additional statements from ATSI, also included those from other mobile operators such as Telkomsel, XL, Indosat, and PLN.