Constitutional Court Rejects Internet Quota Expiry Lawsuit Again, Three More Pending

The Constitutional Court (MK) has rejected a judicial review petition against Article 71(2) of Law No. 6 of 2023 on Job Creation regarding the expiry of internet quotas. The MK stated that the petition was unclear.

“There is no doubt for the Court to declare the aforementioned petitions unclear or vague or obscure,” said MK Deputy Chief Saldi Isra while reading the legal considerations of Constitutional Court Decision No. 87/PUU-XXIV/2026, as quoted from the MK’s official website on Wednesday (13/5/2026).

The MK noted that the petitioner failed to elaborate on reasons demonstrating a conflict between the norm of Article 71(2) of the Job Creation Law and the articles of the 1945 Constitution used as the basis for the review. The petitioner also did not fully outline the legal basis for the MK’s authority to review the article as stipulated in MK Regulation No. 7 of 2025.

The petitioner was said to have merely listed five points of constitutional rights impairment requirements without connecting them to the substance of the constitutional harm. On that basis, the MK declared the petition inadmissible.

For information, the petition was filed by Rachmad Rofik. The petitioner claimed that the provision on unused internet quota remnants violates the constitutional right to protection of personal property rights guaranteed by Article 28H of the 1945 Constitution.

He explained that when the petitioner purchases a data package, a sales contract occurs, with ownership of the data capacity (gigabytes) transferring from the operator to the petitioner. According to him, the operator’s action of forfeiting the remaining quota that has been fully paid is a form of arbitrary seizure of personal property rights without compensation.

In his petitum, the petitioner requested that the MK declare Article 71(2) of Law 6/2023 contrary to the 1945 Constitution and devoid of binding legal force unless interpreted as ‘The determination of tariffs and schemes for telecommunications services must guarantee the accumulation of remaining paid data quotas (data rollover) so that they do not expire as long as the prepaid card is active.’

In detikcom’s notes, the MK also rejected a similar petition in January and March 2026. At that time, the MK rejected a petition regarding quota expiry also filed by Rachmad Rofik because the petitioner did not affix a stamp to the petition documents.

Additionally, there is still petition No. 33/PUU-XXIV/2026 filed by TB Yaumul Hasan et al., petition No. 273/PUU-XXIII/2025 filed by Didi Supandi and Wahyu, and petition No. 165/PUU-XXIV/2026 from Gita Putri et al., which also challenge issues related to internet quota expiry.