MK Justice Questions Expiry of Unused Internet Quota: Why Does It Disappear Before It's Used Up?

JAKARTA, KOMPAS.com - Constitutional Court Justice M Guntur Hamzah has questioned the scheme of internet quotas expiring at the end of the active period, directed at telecom operators such as Telkomsel, Indosat, and XL. He views internet quotas as a service, yet under the current scheme, they disappear before being fully used. “How does this relate to what was discussed earlier? One gigabyte of data is considered a service, but why does it disappear before it’s used up? Where is the fair legal certainty here?” Guntur stated during the hearing for case Number 33/PUU-XXIV/2026 and 273/PUU-XXIII/2025 on Thursday (16/4/2026). However, in current practice, any remaining internet quota expires once the 28-day active period has passed. “So, this is the issue of fairness (justice) that, in my opinion, needs to be delved into deeper,” Guntur emphasised. Additionally, he reminded the telecom operators of Article 28H paragraph (4) of the 1945 Constitution. He explained that this article guarantees the right to personal property for every individual, stating that such rights cannot be arbitrarily taken away by anyone. “This is an extraordinary need of society in relation to that, and it needs to be served, provided with channels that align with our constitutional framework,” Guntur stressed. Before Guntur delved into the petitions for Number 33/PUU-XXIV/2026 and 273/PUU-XXIII/2025, several telecom operators emphasised that the term “internet quota expiry” is not accurate. “What is provided to customers is the right of access to network capacity for a specific volume and period. Thus, the term ‘quota expiry’ is not appropriate,” said Adhi Putranto, Vice President of Simpati Product Marketing, representing Telkomsel in the hearing for case Number 33/PUU-XXIV/2026 and 273/PUU-XXIII/2025 on Thursday (16/4/2026). Machdi Fauzi, representative of Indosat and Vice President Head of Ecosystem Regulatory Affairs, affirmed that internet services are access services. Internet packages, according to Machdi, represent a contractual relationship between the operator and the customer.