Constitutional Court Justices Grill Mobile Operators in Hearing on Internet Quota Expiry Lawsuit

Constitutional Court justices grilled the association of telecommunications providers and several mobile operators as related parties in a petition for judicial review of the Job Creation Law concerning the controversy over expiring internet quotas. Eight of the nine attending Constitutional Court justices bombarded the parties with questions related to the statements they provided in the case at the Courtroom in the Constitutional Court Building, Jakarta, on Thursday (16/4/2026). Constitutional Court Justice Adies Kadir had the first opportunity to ask questions, directed to each provider (Telkomsel, XL, Indosat) and also to the All-Indonesia Telecommunications Providers Association (ATSI). The justice from the DPR RI path asked ATSI about its statement that unused quotas become a financial burden for providers. “Please simulate what is meant by that burden, so that it results in losses due to unused quotas,” Adies asked. He also requested additional clarification from Telkomsel regarding access rights, that unused quotas up to the time limit do not benefit the provider. According to him, managing internet business must certainly have profits, so it needs to be explained where the profits come from, so that the court can decide carefully. Adies also asked where the remaining unused quota goes when the time limit has expired. He also asked whether the internet services provided by PLN are the same as those from other providers. Meanwhile, Constitutional Court Justice Asrul Sani asked the providers what the loss would be if the petitioner’s request regarding expiring internet quotas was granted by the MK. Asrul saw that there are product variants from each provider that accumulate remaining quotas with applicable terms and conditions. “So when there are product variants like this, it means there is an opportunity for accumulation,” said Asrul. Meanwhile, Constitutional Court Justice Ridwan Masyur stated that internet needs have become a basic need for the entire society, from young to old, for work, education, business, and so on. However, according to him, regulations that make quotas expire just like that when the validity period ends result in harm to one party, namely the internet service users. Ridwan emphasised the importance of sitting together to find a solution to the expiring quota problem, and the importance of socialisation. So that the norm being tested is not just about right and wrong. Constitutional Court Justice Guntur Hamzah emphasised the principle of justice in the acronym for tariffs (transparency, accountability, responsiveness, independence, and fairness/justice). According to him, where is the justice if internet quotas bought by the public with a certain amount and a certain time limit. For example, buying a quota with a 30-day validity period, but it runs out in 28 days. If in a year the public buys 12 times, but if the time limit is only 28 days, then they have to buy 13 times in a year. “Do providers understand what tariffs are? It’s not just price, but an abbreviation for good governance principles, good corporate principles. So the fairness issue needs to be explored further,” said Guntur.