The Long Road to the Constitutional Court's Ruling on Expired Internet Data Quota

The Constitutional Court (MK) has finally provided a legal guarantee regarding the forfeiture of remaining internet data quota, after several previous lawsuits were dismissed. The court ruled that internet quota already purchased by consumers must be usable until it is exhausted without additional charges.

The decision partially granted petition number 273/PUU-XXIII/2025, filed by online motorcycle taxi driver Didi Supandi, online culinary trader Wahyu Triana Sari, and lecturer/advocate Rega Felix. The verdict was read out in a session on Thursday, 23 July. “Granting the Petitioners’ request in part,” stated Chief Justice Suhartoyo when reading the ruling.

This ruling marked the culmination of a long legal journey. The first petition was filed by Rachmad Rofik but was rejected by the MK on 2 March 2026 because the applicant failed to affix a revenue stamp on the evidence. A second petition by the same applicant was also rejected on 13 May 2026, as the MK deemed the legal arguments unclear and incomplete. A third petition, filed by Gita Putri and others, was dismissed on 17 June 2026 for failing to meet formal requirements.

In its landmark ruling, the MK stated that the existing regulations did not protect consumers regarding unused data quota. The court emphasised that consumers have paid for a service and therefore possess a right to the economic value of the unused benefits. “The issue is not whether ‘data’ is an object, but whether consumers have a right to the economic value of the service they have paid for,” the court noted.

To enforce this protection, the MK outlined six options for operators to ensure that remaining data quotas are not lost: accumulation or rollover of quota, extension of the active period, transfer of benefits, compensation, refunds, or other forms of protection.