Constitutional Court Rules Unused Internet Quota Must Remain Active Through Service Options
The Constitutional Court (MK) has partially granted a petition filed by online motorcycle taxi driver Didi Supandi and online food vendor Wahyu Triana Sari regarding the expiry of internet quota. The court ruled that remaining internet quota can be used through service options provided by operators based on a formula set by the central government.
"To grant the petitioners’ request in part," said Chief Justice Suhartoyo while reading the verdict, as seen on the MK’s YouTube channel on Thursday (23/7/2026).
He stated that Article 28 paragraph (1) in Article 71 point (2) of Law Number 6 of 2023 on Job Creation contradicts the 1945 Constitution and has no conditionally binding legal force unless it is interpreted as: "The tariff rates for telecommunications network providers and/or telecommunications service providers are determined by the telecommunications network and/or service providers based on a formula set by the central government, with the obligation to provide telecommunications service options that guarantee the user’s remaining quota remains active and usable."
In its considerations, Constitutional Justice Adies Kadir stated that Article 28 paragraph (1) in Article 71 point (2) of the Annex to Law Number 6 of 2023 on Job Creation had not regulated guarantees for users’ property rights over unused internet quota. "The petitioners’ argument is well-founded. However, because the court’s interpretation is not exactly as requested, the petitioners’ request is partially granted," Adies said.
Based on this, Adies stated that telecommunications providers must increase transparency and ease of access to information for users in a simple and easy-to-understand manner. He mentioned that providers must supply channels that make it easy for users to monitor the remaining quota of their chosen service.
"Furthermore, the Court considers it important for telecommunications providers to increase transparency and ease of access to information for service users regarding prices, quota volume, validity period, usage segmentation, fair usage policies, service termination, and the treatment of remaining quota, all of which must be conveyed in a simple, clear, and easy-to-understand manner," Adies said.
"For this purpose, telecommunications providers must also provide channels that make it easy for service users to monitor usage, including the remaining quota of the chosen service. This protection must be accompanied by an effective, easily accessible complaint handling mechanism and periodic evaluation," he added.
The petition, registered under case number 273/PUU-XXIII/2025, was filed by online motorcycle taxi driver Didi Supandi and online food vendor Wahyu Triana Sari. The petition challenged the system of expiring unused internet quota when the active period ends. The petitioners argued that the amendment process of Article 28 of the Telecommunications Law, as contained in Article 71 point (2) of the 2023 Job Creation Law, did not adapt to developments in information technology, particularly regarding internet data. The petitioners considered the unilateral deletion of quota without consent and proper compensation to be contrary to the principles of legal certainty and justice.