DPR: Waiver of Internet Data Quotas Is Entirely an Operator's Responsibility
The Indonesian House of Representatives (DPR RI) reiterates that the practice of waiving internet data quotas is entirely a policy of telecommunications operators, not something governed by the Telecommunication Act nor the responsibility of legislators.
This assertion was conveyed by member of Commission III of the DPR RI, I Wayan Sudirta, at a constitutional review hearing at the Constitutional Court (MK) in Jakarta on Wednesday, 4 March, relating to lawsuits by online ride-hailing drivers and online sellers concerning prepaid internet quotas that are forfeited without compensation.
According to the DPR, the statute that the petitioners tested only regulates the mechanism for setting telecom tariffs, not the removal of internet quotas by operators.
‘The provisions in question essentially regulate the mechanism for setting telecom tariffs, namely the tariff structure, formula for tariff calculation, and government tariff control powers, hence it does not contain provisions on waiving internet quotas,’ said Wayan, who attended the hearing remotely.
The DPR stated that the practice of quota waivers lies at the stage of service delivery by telecoms operators. Accordingly, the policy is an operational decision of the operator, not a norm defined by law.
‘The practice essentially lies in the implementation of services by the telecoms operator,’ he said.
In its statement, the DPR also assessed that provisions relating to expired internet quotas fall into the category of ‘open legal policy’ or open legal policy of the lawmaker. The petitioners’ arguments are seen as reflecting dissatisfaction with service policy rather than the issue of the constitutional correctness of norms vis-à-vis the 1945 Constitution.
On that basis, the DPR believes that the Constitutional Court should not enter the realm of policy that falls within the legislature’s remit.
The constitutional challenge is recorded in two cases, Nos. 273/PUU-XXIII/2025 and 33/PUU-XXIV/2026. Case No. 273 tests Article 71(2) of Law No. 6 of 2023 on Job Creation, which amended Article 28 of Law No. 36 of 1999 on Telecommunications.
The petitioners argue that these provisions open space for operators to remove remaining prepaid internet quotas without compensating consumers.