House Pressures Operators to Immediately Implement Constitutional Court Ruling Abolishing Forfeited Data Quotas

Commission I of the Indonesian House of Representatives (DPR) is urging telecommunications service operators to immediately implement the Constitutional Court (MK) ruling that abolishes the forfeited quota policy based on a formula set by the central government.

Commission I member Oleh Soleh stated that the ruling has affirmed that every right legally obtained by the public must remain protected. "Every right of the public that is legally obtained and has been paid for must receive protection. Therefore, I encourage telecommunications operators to immediately implement this ruling consistently," said Oleh on Friday (24/7).

The National Awakening Party (PKB) politician assessed that consumers have been continuously disadvantaged by the forfeited quota policy applied by all telecommunications service operators. He argued that the unilateral removal of quota cannot be justified. "Even if the remaining quota may not provide profit for the operator, for the public it still holds value and is a right that has been paid for," he said.

Commission I member for communications and informatics, Nurul Arifin, also considered that remaining internet quota is the property of consumers and should not be unilaterally forfeited by telecommunications operators. Nurul said the internet has now become a basic need for society, not only for communication but also for education, work, health services, and economic activities. "Internet quota that has been paid for by the public is their right, so it should not simply disappear without being able to be utilised," said the Golkar Party politician.

Nevertheless, Nurul cautioned that the implementation of the ruling should not create new problems, such as an increase in service tariffs or a reduction in data packages that ultimately also burden the public. "The public must not obtain the right to keep remaining quota but have to pay more. That would certainly contradict the spirit of the MK ruling which aims to provide justice for consumers," she said.

The MK ruling on the abolition of forfeited quota is contained in case number: 273/PUU-XXIII/2025 concerning the judicial review of Article 71 point 2 of Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law against Article 28 paragraph 1 Amendment to Article 28 of Law Number 36 of 1999 on Telecommunications against the 1945 Constitution of the Republic of Indonesia.

Responding to the MK ruling, the petitioners’ lawyer, Viktor Santoso Tandiasa, said it was a victory for the Indonesian people. "We dedicate this victory to all Indonesian people as internet quota users, especially online workers who make quota their ‘business capital’ which has been forcibly taken (forfeited) unilaterally by telecommunications service providers," said Viktor. "This victory is for all Indonesian people who have been disadvantaged by the practice of forfeited internet quota."

During the MK ruling reading session, Constitutional Justice Adies Kadir stated that the tariff formula and telecommunications service scheme must not be placed solely within the commercial viewpoint or logic of telecommunications providers, but must also guarantee reasonable protection for telecommunications service users. "One form of such protection does not always have to be a single uniform service model, but can be realised through the provision of various flexible package options, including packages with a quota accumulation feature (roll over), packages without roll over (non-roll over), as well as other service innovations that allow telecommunications service users to choose services according to their needs, capabilities, and usage patterns proportionally and without harming telecommunications service users," said Adies in the court’s legal considerations.

At least six options were suggested by the MK regarding telecommunications services that guarantee users’ remaining internet quota remains active: a. Accumulation or roll over of quota; b. Extension of active period; c. Transfer of benefits; d. Compensation; e. Refund; f. Other forms of protection.

Meanwhile, Minister of Communication and Digital Affairs Meutya Hafid said the government will study the MK ruling as a basis for adjusting applicable regulations. "We welcome the MK ruling. Today, we have ordered the team to study the implications of the ruling, including if regulatory adjustments are needed to comply with the MK ruling," said Meutya in an official statement on Friday (24/7). The former chair of Commission I of the DPR affirmed her commitment to overseeing the implementation of this ruling so that the public’s rights as consumers are well protected, without neglecting the sustainability aspects of investment and the quality of telecommunications networks in Indonesia.