Constitutional Court Rules Internet Data Quotas Must Be Usable Until Depleted Without Additional Charges

The Constitutional Court (MK) has partially granted a petition concerning forfeited internet quotas, affirming that data packages already purchased must be usable by consumers until depleted without any additional charges. “In real terms, quotas that have not been fully used or enjoyed must remain protected as the property rights of telecommunications service users, enabling them to be used until the quota runs out without being burdened by additional fees or tariffs under the pretext of extending the active period or for any other reason,” stated Constitutional Justice Adies Kadir during the ruling pronouncement for Decision Number 273/PUU-XXIII/2025 at the MK building in Central Jakarta on Thursday.

The MK declared that Article 28 paragraph (1) in Article 71 point 2 of the Job Creation Law appendix is contrary to the 1945 Constitution and has no conditionally binding legal force unless it is interpreted to mean that tariff rates for telecommunications network and service provision are set by operators based on a formula established by the Central Government, with an obligation to provide service options guaranteeing that remaining user quotas stay active and usable. The court stated it could not ignore that internet services have become an essential public need.

The MK noted that tariff formulas and service schemes must not be placed solely within the commercial perspective of telecommunications providers. The court emphasised that existing regulations must guarantee reasonable protection for telecommunications service users. This protection need not always take the form of a uniform service model; it can be provided through various flexible package options. For example, the MK cited packages with quota accumulation features (rollover), non-rollover packages, or other service innovations allowing users to choose services according to their needs, capabilities, and usage patterns proportionally and without harming them. The MK offered options to prevent internet quotas from simply expiring, including quota accumulation or rollover, active period extension, benefit transfer, compensation, refunds, or other forms of protection.

Constitutional Justice Adies stated the government must be more adaptive to technological developments, business models, and the economic needs and capabilities of society. The MK said tariff policies must be based on the principles of fair protection and legal certainty over the property of telecommunications service users. In the event of tariff adjustments, the central government and telecommunications providers must involve parties concerned with telecommunications services and consumer protection agencies. The MK also deemed it important for providers to enhance transparency and ease of information access for users regarding pricing, quota volume, validity periods, usage segmentation, fair usage policies, service termination, and the treatment of remaining quotas, all of which must be conveyed simply, clearly, and comprehensibly. Providers must also offer channels enabling users to monitor usage, including remaining quotas, accompanied by effective, easily accessible complaint handling mechanisms and periodic evaluations.

The MK noted that telecommunications providers and the Indonesian Cellular Telecommunications Association (ATSI) as related parties did not object to this. In fact, the court said providers and ATSI had conveyed a kind of agreement as a solution to the petition challenging the constitutionality of the norm in Article 28 paragraph (1) of Article 71 point 2 of the Job Creation Law appendix. Constitutional Justice Liliek Prisbawono Adi stated that within reasonable reasoning, the aspect needing protection is not the internet quota itself, but the economic value and service benefits that have been paid for but not yet fully enjoyed by the consumer. He said the real issue is not whether the data held by users constitutes an object, but whether consumers have rights over the economic benefits of the service they have paid for. “In this context, the remaining unused quota still holds economic value, because the user has paid a sum of money to obtain service access in a certain volume. Therefore, when placed in the context of telecommunications provision, the payment made by users to obtain a data package essentially gives rise to the right to enjoy service benefits in accordance with applicable terms and conditions, which must be positioned as a property right in the form of an intangible good,” Liliek explained. The petition was filed by online motorcycle taxi driver Didi Supandi, online culinary trader Wahyu Triana Sari, and lecturer/advocate Rega Felix.