Constitutional Court Ruling on Internet Quota Expiry: Operators Retain Flexibility

The public has been urged not to misinterpret the Constitutional Court’s (MK) ruling regarding the elimination of internet quota expiry. The decision does not automatically require all data or internet quota services from mobile operators to be valid indefinitely without a time limit. Executive Director of the ICT Institute, Heru Sutadi, stated that the MK’s ruling serves as a mediator for public debate while providing guidance for the industry without killing operators’ business models. According to him, operators still have the flexibility to design their service schemes. “This MK decision should not be interpreted as meaning that all quota services must be valid forever. Operators still have flexibility in arranging their business models,” Heru said in response to the ruling on Thursday (13/8). Heru stressed that the main mandate of the ruling is the availability of choice for consumers. Operators are encouraged to offer alternative packages that guarantee quota does not expire abruptly, for example through accumulation systems (roll-over), refund schemes, or other mutually beneficial compensation. He likened internet services to the transparency of a state electricity company (PLN) meter. Consumers need to know exactly their data usage, including transparency regarding the division of daily or time-based quotas, to avoid misunderstandings between customers and service providers. To implement this ruling, the Ministry of Communication and Digital (Komdigi) is urged to immediately revise Minister of Communication and Informatics Regulation Number 5 of 2021 concerning the Implementation of Telecommunications. Heru emphasised the importance of involving stakeholders such as academics and the National Consumer Protection Agency (BPKN) in formulating the derivative rules. A well-crafted regulation and consistent law enforcement are believed to create a healthy industry ecosystem. The balance between consumer protection, industry innovation, and oversight is the main key in following up on this MK ruling.