In MK hearing, the DPR says the Telecommunications Law does not regulate expired data quotas

JAKARTA, KOMPAS.com - Deputy Chairman of the House of Representatives’ Honorary Council (MKD) I Wayan Sudirta revealed that Article 28 of Law Number 36 of 1999 on Telecommunications does not regulate expired internet quotas. The remarks were made by Wayan, who acts as the DPR’s legal counsel in case numbers 273/PUU-XXIII/2025 and 33/PUU-XXIV/2026 at the Constitutional Court (MK) on Wednesday, 4 March 2026. ‘The provision in question essentially governs the mechanism for setting telecommunications service tariffs, namely the tariff structure, tariff calculation formula, and the government’s tariff control authority, and thus it does not contain provisions on the deletion of internet quotas,’ he said. Wayan explained that to understand the original intent of Article 28 of the Telecommunications Law before its amendment by the Job Creation Law, the DPR first outlines the history of its drafting as recorded in the deliberation minutes of the Telecommunications Law. ‘The discussion essentially shows that from the outset the drafters intended that the tariff amount be left to market mechanisms, i.e., set by the telecommunications network operators and/or service providers,’ he added. Nevertheless, the State also lays down formulas as the basis for tariff determination to prevent two risks: tariffs that are too high due to dominance by certain operators, and tariffs that are too low that could be predatory. In addition, the DPR explained developments after the amendment through the Job Creation Law, particularly with the addition of provisions in Article 28(2). Wayan stated that the change aims to strengthen the state’s role in maintaining market stability, preventing unhealthy competition, and ensuring telecommunications services remain affordable and of high quality amid a sector that is increasingly complex and competitive. The document notes that setting tariff ceilings, including the lower tariff bound, is necessary for several purposes. First, to safeguard the health of the industry from price-war practices that could harm business players and reduce operators’ ability to invest in technology development and service expansion. Second, to anticipate potential natural monopolies in certain areas that could cause tariffs to become unaffordable, particularly in regions that are commercially unattractive.