Constitutional Court Rules Internet Data Quota Must Be Usable Until Depleted
The Constitutional Court (MK) has decided that internet quota purchased by customers must be usable until it is completely depleted. This is stipulated in Decision Number 273/PUU-XXIII/2025, which was read out on Thursday (23/7/2026).
Constitutional Justice Adies Kadir stated that customers must still be able to use their quota until it runs out without being subjected to additional costs. “In real terms, quota that has not been fully used or enjoyed must remain protected as the property rights of telecommunications service users, to be used until the quota is exhausted, without being burdened with additional fees or charges under the pretext of extending the active period or for any other reason,” Justice Adies Kadir explained.
The Court also asserted that tariff formulas and telecommunications service schemes cannot be based solely on the commercial perspective of the telecommunications providers. Instead, they must guarantee protection for users. This protection can take various forms and include a range of flexible package options, such as a quota accumulation feature (rollover) or packages without rollover.
The MK provided several options that can be implemented to prevent internet quota from being forfeited. These include quota accumulation or rollover, extension of the active period, transfer of benefits, compensation, refunds, or other forms of protection.
Adies further stated that the government must be more adaptive to technological developments, business models, and the economic needs and capabilities of the public. This tariff policy must be based on the principles of fair protection and legal certainty regarding the ownership of telecommunications service users.
Meanwhile, Constitutional Justice Adies Prisbawono Adi clarified that the protection is not on the internet quota based on reasonable limits of reasoning, but rather on the economic value and service benefits that have been paid for but not yet fully enjoyed. “In this context, the remaining unused quota still holds economic value, because the telecommunications service user has paid a sum of money to obtain access to services in a certain volume. Therefore, when placed in the context of telecommunications operations, the payment made by the telecommunications service user to obtain a data package essentially gives rise to the right to enjoy the service benefits in accordance with the applicable terms and conditions, which must be positioned as property rights in the form of intangible goods,” Liliek explained.