Constitutional Court Ruling on Internet Data Quotas
The Indonesian Constitutional Court (MK) has ruled that any remaining internet data not yet utilized by consumers cannot be deemed invalid or expire. This decision was announced during a hearing on July 23, 2026, regarding case number 273/PUU-XXIII/2025.
Consumer Rights and Internet Data
According to the MK, any telecommunications services that users have purchased must be recognized as part of their private property. Therefore, any remaining internet data must be protected and remain available for consumer use.
No Additional Charges for Unused Data
The court's ruling also emphasizes that consumers should not incur extra fees for accessing their remaining data. This includes charges that might arise from extending the validity period or for any other reasons. Such practices are viewed as unfair to consumers.
Legal Implications of Data Expiration Clauses
The MK has declared that mobile operators’ policies that lead to the expiration of leftover internet data represent an abuse of power. This practice undermines the legal protection guaranteed to consumers, as it takes advantage of their weaker negotiating position in agreements that are typically unilaterally prepared by the operators.
The court pointed out that consumer consent to the terms and conditions cannot be interpreted as an unconditional acceptance of rules that infringe on their economic rights. Contracts are often standardized, leaving little room for genuine negotiation, which creates an imbalance in legal relationships.
Furthermore, the MK asserted that remaining internet data should be considered an intangible asset that carries personal property rights, as it is acquired through monetary payment. Therefore, the cancellation of unused data without adequate information or proportional protection is seen as an arbitrary seizure of rights, violating Article 28H paragraph (4) of the 1945 Constitution.
The ruling indicates that such actions not only diminish the economic value justly paid by telecommunications users but also strip away protection over personal property rights.
As a result, the Constitutional Court has mandated that operators must provide options for rollover data or cumulative internet quotas, ensuring that any remaining data is retained and usable by consumers.
The MK concluded that Article 28 paragraph (1) of the Telecommunications Law contradicts the 1945 Constitution, as it must be interpreted to include the obligation to offer telecommunications services that guarantee the remaining data owned by users remains active and usable.
This case was brought forth by three Indonesian citizens: Didi Supandi, Wahyu Triana Sari, and Rega Felix. The court granted part of the petition submitted by the applicants.
Source: https://tekno.kompas.com/read/2026/07/24/07320017/mk-sisa-kuota-internet-tak-boleh-hangus-harus-bisa-dipakai-hingga-habis
