Expert Says No Systemic Harm from Expired Internet Quota

An expert presented by the government in a judicial review of Law Number 6 of 2023 on Job Creation, Agung Harsoyo, has stated that there is no empirical evidence of systemic harm caused by expired internet quota. He argued that if a system were structurally detrimental to consumers, clear symptoms would emerge, such as continuously rising prices, fewer service choices, declining penetration, deteriorating service quality, or market failure. ‘However, what is happening in Indonesia is the opposite,’ he said during a plenary session at the Constitutional Court in Jakarta on Monday. He noted that a survey by the Indonesian Internet Service Providers Association shows that in recent years, the number of internet users in Indonesia has increased, network capacity has grown, coverage areas have expanded, service choices have multiplied, product innovation has continued to develop, and internet access costs have become more affordable. Therefore, he said, these facts demonstrate that the existing ecosystem has worked effectively in generating benefits for the public. From a legal principles perspective, Agung stated that when measured against the principles set out in Article 2 of Law Number 36 of 1999 on Telecommunications, the ecosystem fulfils the principle of benefit, as the public has gained broad and affordable digital access. Regarding the principle of fairness and equality, he added, various segments of society can choose services according to their needs and capabilities. As for the principle of legal certainty, he noted that rights, obligations, prices, and terms of service have been transparently communicated. Thus, he said, when the telecommunications ecosystem is viewed holistically, the state has fulfilled its regulatory obligations, operators have met their service provision duties, and consumers have obtained their rights to access, information, and freedom of choice. ‘The prevailing practice is not a relationship that harms one party, but rather a balance of rights and obligations that yields mutual benefits for consumers, industry, and the state,’ he stated. Agung, a lecturer at the School of Electrical Engineering and Informatics at the Bandung Institute of Technology and Head of the Information Technology Division at Perum Bulog, provided expert testimony in cases Number 273/PUU-XXIII/2025 and 33/PUU-XXIV/2026. Article 71 point 2 of the Job Creation Law contains two provisions: first, that tariffs for telecommunications network and service provision are set by the network and service providers based on a formula established by the central government; and second, that the central government may set upper and/or lower tariff limits for telecommunications services by considering public interest and fair business competition. In petition Number 273/PUU-XXIII/2025, online motorcycle taxi driver Didi Supandi and online food vendor Wahyu Triana Sari are challenging the system of expiring unused internet quota when the active period ends. The petitioners are asking the Constitutional Court to interpret Article 71 point 2 of the Job Creation Law to require that tariff setting and service schemes guarantee the accumulation of remaining data quota that has been paid for by consumers. Meanwhile, in petition Number 33/PUU-XXIV/2026, student TB Yaumul Hasan Hidayat is also challenging the same article. Yaumul argues that internet quota affects online learning, and that the unilateral deletion of quota without proper consent and compensation is contrary to the principles of legal certainty and justice. In his petition, Yaumul requests that Article 71 point 2 of the Job Creation Law be amended to stipulate that internet quota paid for by consumers cannot be unilaterally deleted or forfeited, and that if a validity period is imposed, a fair, transparent, and proportional mechanism must be in place to guarantee legal certainty and the protection of citizens’ constitutional rights.