Telkomsel Responds to Constitutional Court Challenge Over Internet Data Expiry
Jakarta (ANTARA) - Telkomsel has responded to a judicial review of Law Number 6 of 2023 concerning Job Creation at the Constitutional Court (MK) regarding the system of expiring unused internet data when the validity period ends.
Vice President of Corporate Communications, Social & Responsibility at Telkomsel, Abdullah Fahmi, explained that internet data packages have different characteristics compared to other utility services such as electricity. Fahmi emphasized that internet packages are time-limited services.
“These data packages are not the same as electricity tokens because legally and in terms of regulation, internet packages have a limited time. (The analogy is) like taking medicine. Cough medicine has an expiration date even though I have never taken that medicine,” said Fahmi when met in South Jakarta, Thursday.
Fahmi said that the company is currently monitoring the developments of the lawsuit regarding expired data at the MK. He stated that they are ready to comply with whatever decision the MK ultimately makes.
However, he emphasized that if the rollover scheme or the operator guaranteeing the accumulation of unused data is mandatory, it will have an impact on customers as well as the service structure of all operators.
“We are reviewing that if the rollover is indeed implemented, it will have an impact on customers and also on the structuring of all operators. So, again, we are waiting and seeing whatever the decision is, we will comply,” said Fahmi.
Furthermore, Fahmi explained that the offering of data packages has been adjusted to customer needs. According to him, Telkomsel designs various data options based on user consumption patterns, ranging from small to large needs within a certain period.
“Why do we offer several packages? It’s because we have determined customer needs. Some need 3 gigabytes per week, some need 10 gigabytes per week. So, we provide the packages like that,” he said.
He believes that the case of remaining data expiring is essentially due to customers purchasing packages that exceed their needs. However, the company still provides options for customers who want to extend the validity period of the remaining data.
In case number 273/PUU-XXIII/2025, online motorcycle taxi driver Didi Supandi and online culinary trader Wahyu Triana Sari are reviewing Article 71 paragraph 2 of Law Number 6 of 2023 concerning Job Creation.
The article, which is an amendment to Article 28 of Law Number 36 of 1999 concerning Telecommunications, regulates the tariffs for telecommunications services.
The petitioners essentially question the system of expiring unused internet data when the validity period ends by telecommunications service providers or operators.
The petitioners’ legal counsel, Viktor Santoso Tandiasa, said that the article contains a norm that is open to multiple interpretations and does not have limiting parameters, thus giving absolute freedom to operators to mix tariffs and the duration of ownership.
Article 71 paragraph 2 of the Job Creation Law is also considered to create unfairness. The petitioners argue that the article allows operators as telecommunications service providers to receive full payment in advance, but the rights of users or consumers can be forcibly terminated.