Indonesian House of Representatives Reiterates Commitment to Protect Telecommunications Users at the Constitutional Review Hearing on the Job Creation Law
INFO NASIONAL – Member of Commission III of the Indonesian House of Representatives (DPR RI), I Wayan Sudirta, emphasised that the tariff regulation in Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law continues to prioritise protection of telecommunications users.
This assertion was delivered during an online substantive review hearing in the Puspanlak Meeting Room, Senayan, Jakarta, on Wednesday, 4 March 2026, relating to Case Numbers 273/PUU-XXIII/2025 and 33/PUU-XXIV/2026 which test the provisions of Article 71(2) of the Job Creation Law that amended Article 28 of Law Number 36 of 1999 on Telecommunications.
In that occasion, Wayan explained that since the inception of the Telecommunications Act, the lawmakers designed tariff regulations as a balancing mechanism between market roles and the state’s supervisory function. He explained that the state does not set tariff levels directly, but determines a formula as normative parameters that must be followed by service and network operators.
Wayan said that the change through the Job Creation Law which adds government authority to set the upper and/or lower tariff limits is a form of strengthening the state’s instruments to maintain industry stability. The policy is necessary to prevent tariff wars that could degrade service quality, hinder investment, and harm consumers.
He also responded to the Applicant’s argument linking Article 28 to practices of deleting or erasing internet quotas. Wayan emphasised that the provision essentially only regulates the mechanism and formula for tariff setting, not the technical aspects of services such as managing quota validity periods.
“That norm does not regulate the deletion of internet quotas. Such regulation lies in the implementation of services by telecommunications operators and is subject to healthy competition mechanisms,” he clarified.
He added that Article 28 should be understood systematically together with implementing regulations. Thus, it can be seen that the existing regulation has formed a framework that balances user interests, industrial sustainability, and fair competition.
Furthermore, Wayan opined that the regulation is in line with the light-touch regulation paradigm, in which the government oversees tariff formulation and the power to set tariff ceilings if needed, without intruding too much into operational technicalities.
As part of this supervisory function, he said, the DPR RI also actively holds working meetings with relevant ministries to ensure telecommunications services remain affordable and of high quality for the public.
The DPR RI affirms that the provisions of Article 71(2) of the Job Creation Law which amended Article 28 of the Telecommunications Act do not contravene the 1945 Constitution and remain legally binding. (*)