Constitutional Court Rules Unused Internet Data Quota Must Not Be Forfeited
The Constitutional Court (MK) has partially granted a judicial review, affirming the need for regulations that provide better protection for consumers regarding remaining internet data quota. The ruling was made on case Number 273/PUU-XXIII/2025, filed by online motorcycle taxi driver Didi Supandi, online food trader Wahyu Triana Sari, and lecturer/advocate Rega Felix. The decision was read out on Thursday (23/7).
‘Ruling, grant the petitioners’ request in part,’ said Chief Justice Suhartoyo.
The court mandated a guarantee that internet quota purchased by consumers can be used until it is fully exhausted. In its considerations, the MK stated that existing rules have not provided protection for consumers regarding unused or remaining data quota, despite users having paid for the telecommunications service.
The court argued that payment creates a right for consumers to utilise the purchased quota and that consumers have a right to the economic benefits of the service. ‘The issue is not whether the data owned by the telecommunications user is a physical object, but whether the consumer has a right to the economic value of the service that has been paid for but not yet fully enjoyed,’ the MK stated.
The court emphasised that the economic value paid by telecommunications users must be protected so that the service benefits cannot be arbitrarily eliminated. The MK then provided six options to ensure that purchased internet quota does not expire, namely: accumulation or rollover of quota; extension of the active period; transfer of benefits; compensation; refund; or other forms of protection.
The MK also stressed that no additional fees should be imposed. ‘In real terms, unused quota must remain protected as the property right of the telecommunications service user to be used until it is exhausted, without being burdened by additional costs under the pretext of extending the active period or for any other reason,’ stated the constitutional judge.
The court declared that norms allowing quota to expire are contrary to the 1945 Constitution of the Republic of Indonesia.
Deputy Chairman of Commission I of the House of Representatives, Dave Laksono, respected the ruling, calling it a positive step towards strengthening consumer rights protection. He expressed confidence that the government would prepare implementing regulations to provide legal certainty for all parties, ensuring effective and fair implementation for both consumers and telecommunications providers.