Constitutional Court Provides Six Options to Prevent Internet Data Quota Expiry

The Constitutional Court (MK) has mandated that internet data quotas purchased by consumers must be guaranteed for use until they are fully depleted, effectively prohibiting them from being forfeited. The court provided six options for telecommunications providers to comply with this requirement. The ruling was made on Thursday (23/7) after the court partially granted petition number 273/PUU-XXIII/2025, filed by online motorcycle taxi driver Didi Supandi, online culinary trader Wahyu Triana Sari, and lecturer/advocate Rega Felix.

In its decision, the court declared that Article 28 paragraph (1) in Article 71 point (2) of Law Number 6 of 2023 on Job Creation is conditionally unconstitutional unless it is interpreted to mean that the tariff for telecommunications network and service providers is determined by a formula set by the central government, with the obligation to provide service options that guarantee a user’s remaining data quota remains active and usable.

The court argued that existing regulations did not offer sufficient protection to consumers regarding unused data quotas, despite consumers having paid for the service. The court emphasised that the issue is not whether data is a physical object, but whether consumers have a right to the economic benefits of a service they have paid for but not yet fully utilised. The value paid by users must be protected so that the benefits cannot be arbitrarily nullified.

To ensure this protection, the court outlined six options for operators: a) data accumulation or rollover; b) extension of the active period; c) transfer of benefits; d) compensation; e) refund; or f) other forms of protection. The court further stressed that no additional fees may be charged for these protections, stating that the remaining quota must be protected as the user’s property and can be used until it is exhausted without any additional charges for extending the active period or for any other reason.