Constitutional Court's Stance on Internet Data Quotas
The Constitutional Court (MK) has made a significant ruling stating that any remaining internet data quota that consumers have not utilized must remain active and cannot simply expire. This decision was announced during the court's session on July 23, 2026, regarding case number 273/PUU-XXIII/2025.
Consumer Rights and Internet Quota
According to the MK, the remaining benefits from telecommunication services that users have purchased constitute personal property rights. This means that consumers are entitled to retain and utilize their remaining data quota without any additional costs or fees imposed for extending its validity.
Protection Against Abusive Practices
The court emphasized that mobile operators' policies that allow unused internet quotas to lapse are viewed as an abuse of circumstances. Such practices undermine the legal protection guarantees for consumers, who often find themselves in a disadvantaged bargaining position due to one-sided agreements imposed by the operators.
No Unlimited Acceptance of Unfavorable Terms
The MK clarified that consumers' formal agreement to terms and conditions does not equate to an unrestricted acceptance of rules that harm their economic rights. Typically, these contracts are standard forms that do not allow for meaningful negotiation, leading to an imbalance in the legal relationship between consumers and service providers.
Implications of the Ruling
Furthermore, the court asserted that the remaining internet quota should be regarded as intangible property, which inherently includes ownership rights as it is acquired through payment. Therefore, any arbitrary cancellation of these quotas without adequate information or proportional protection is seen as an unlawful seizure of property rights, violating Article 28H paragraph (4) of the 1945 Constitution of Indonesia.
This ruling not only affects the economic value that consumers have legitimately paid for, but it also results in the loss of protection over personal property rights. Consequently, the MK has mandated that operators must offer options for rollover data packages, ensuring that users can accumulate their unused data.
In its ruling, the MK stated that Article 28 paragraph (1) of the Telecommunications Law contradicts the 1945 Constitution unless it is interpreted to require that tariff regulations must include obligations to provide options for telecommunication services that guarantee the active use of remaining quotas.
This important case was initiated by three Indonesian citizens: Didi Supandi, Wahyu Triana Sari, and Rega Felix, with the MK partially granting their petition.
Source: https://tekno.kompas.com/read/2026/07/24/07320017/mk-sisa-kuota-internet-tak-boleh-hangus-harus-bisa-dipakai-hingga-habis
