Operators must comply with Constitutional Court ruling that unused data quotas cannot be forfeited
Jakarta (ANTARA) - Member of Commission I of the Indonesian House of Representatives (DPR RI), Oleh Soleh, has said that telecommunications operators must comply with the Constitutional Court ruling affirming that unused internet quota purchased by consumers may not be unilaterally extinguished.
In a statement received in Jakarta on Friday, the legislator covering communications and informatics urged all operators to promptly implement the Court’s ruling and improve their service systems.
“Telecommunications operators must immediately adjust their systems and service mechanisms in line with the Constitutional Court’s ruling. The public must not continue to be disadvantaged because remaining quota they have purchased suddenly expires without clear protection,” he said.
According to him, the ruling is highly significant for the public because it provides protection for consumers’ rights over internet quota that has been lawfully purchased and paid for.
The Court affirmed that internet quota is an intangible object to which private property rights attach, meaning the state is obliged to protect those rights.
In its ruling, the Constitutional Court also affirmed that unused internet quota holds economic value because it is obtained through lawful payment. The unilateral elimination of remaining quota without adequate protection is therefore unjustifiable.
“For a long time, the public has frequently been disadvantaged by the expiry of internet quota they have already purchased. Although remaining quota may yield no benefit for operators, it still holds value for the public and constitutes a right that has been paid for,” he said.
Oleh Soleh emphasised that implementation of the ruling must serve as momentum to build a fairer, more transparent telecommunications service governance framework that favours consumers’ interests.
“In principle, every right acquired lawfully and paid for by the public must receive protection. Therefore, I encourage telecommunications operators to implement this ruling consistently,” he said.
In ruling number 273/PUU-XXIII/2025, the Constitutional Court affirmed that unused internet quota still holds economic value. The Court stated that data packages which have been paid for constitute property rights in the form of intangible goods.
The economic value paid by consumers, the Court said, must receive legal protection. Consequently, the benefit of the service, namely remaining quota, cannot be arbitrarily eliminated when the active period ends.
If the benefit of a service ends unilaterally, the Court stated that such a condition violates the protection of property rights and creates legal uncertainty, contrary to the fair legal certainty guaranteed by the 1945 Constitution of the Republic of Indonesia.
In its verdict, the Constitutional Court declared Article 28 paragraph (1) within Article 71 point 2 of the Annex to Law Number 6 of 2023 on Job Creation to be conditionally unconstitutional.
The Court provided a new interpretation of the article, stating that in setting tariffs, telecommunications providers must offer service options that guarantee users’ remaining quota stays active and usable.
The ruling was delivered on Thursday (23 July). The Court granted part of the petition filed by online motorcycle taxi driver Didi Supandi, online trader Wahyu Triana Sari, and advocate Rega Felix.