The rest of your data package is lost every month? This latest Constitutional Court’s decision is the ‘apocalypse’ for the Scorched Internet Quota Scheme!

Have you ever felt irritated when you found that the rest of the dozens of gigabytes of internet data packages suddenly disappeared as soon as the deadlines arrived? The practice of “quota scorching” which for years has been considered a standard norm by Indonesian cellular operators has now officially reached its end. In a monumental legal step, the Constitutional Court (MK) emphasized that the remaining internet quota that has been purchased by consumers should no longer be forfeited unilaterally.

Through putusan MK kuota internet This, the state gives a firm signal that the digital rights and the consumer’s economy cannot be ignored for commercial gain.

The sweet victory of the little people at the green table

Based on the minutes of the trial of the Constitutional Court, the case with registration number 273/PUU-XXIII/2025 was born from a real lawsuit from the lower class. The request for a judicial review was initiated by three Indonesian citizens, namely Didi Supandi (an online motorcycle taxi driver), Wahyu Triana Sari (an online culinary trader), and Rega Felix (a lecturer and advocate).

The three applicants considered that the charred internet quota scheme was very detrimental to consumers who had spent money to buy the service. For informal workers and digital MSME actors, every Megabyta data has real economic value. Scorching the remaining quota unilaterally is considered to have castrated ownership rights to goods and services that have been paid in full.

The Dictum of the Constitutional Court’s Decision: Quota is a property right that has economic value

Adapted from the reading of the decision led by the Chief Justice of the Constitutional Court Suhartoyo, the Court granted part of the petition of the applicants. The Constitutional Court stated that Article 28 paragraph (1) in Article 71 number (2) of Law Number 6 of 2023 concerning Job Creation is contrary to the 1945 Constitution on conditionality.

“Declaring that this provision is contrary to the 1945 Constitution and has no legal force binding conditionally as long as it is not interpreted that telecommunications tariffs are determined based on the government’s formula with the obligation to provide a choice of services that guarantee the remaining quotas belonging to users to remain active and can be used,” said the Chief Justice of the Constitutional Court, Suhartoyo, when he read the verdict.

As explained in more detail by Constitutional Justice Adies Kadir in his legal considerations, the Constitutional Court considers the Scheme of Quota Without Compensation as a form of Misbruik van omstandigheden or abuse of circumstances by telecommunications service providers. Purchasing internet quotas—either through prepaid and postpaid schemes—creates the right to consumers for the benefits of economic value services, so the state is obliged to be present to intervene.

6 Mandatory Options from the Constitutional Court So that the Internet Quota is Not Scorched

Referring to the legal considerations of the Constitutional Court, the government and cellular operators can no longer hide behind mere commercial pretexts. The MK details six forms of flexible service options that must be provided by telecommunications service providers to protect user rights:

• Accumulated quota (rollover): The remaining data packets in the current period are automatically accumulated and can be used in the next period.
• Extension of active period: It is easy for consumers to extend the deadline for using the remaining quota without being forced to buy a new package at an expensive cost.
• BENEFITS TRANSFER: The remaining unused data can be transferred to other users or converted into other forms of digital benefits.
• Service compensation: The provision of compensation is equivalent to the remaining quota that has not been used.
• Refund (refund): Convert the remaining quota into credit value or refund proportionally to the consumer’s account.
• Other forms of protection: Another flexible scheme innovation that ensures consumer economic rights does not just scorch.

Lidahtekno Editorial Analysis: New Chapter of Indonesia’s Digital Rights Protection

As a technology media that oversees the flow of national digitization, Lidahtekno.com look putusan MK kuota internet This is an absolute victory for Indonesian digital consumers. So far, the data package business model in Indonesia often relies on schemes BREAKAGE—A condition in which the service provider reaps extra profit from the quota that has been paid but is canceled due to being charred by the active period.

With the presence of this legal decision, cellular operators such as Telkomsel, Indosat Ooredoo Hutchison, XL Axiata, to Smartfren are required to immediately restructure their product portfolios and tariff formulas. There is no longer any reason to trap users with a tight deadline that forces the remaining gigabytes to evaporate into dust.

Indeed, this transition will be a challenge for the network architecture and financial modeling of telecommunications service providers. However, as emphasized by the Constitutional Court, the determination of telecommunications tariffs in the future must involve consumer protection institutions and civil society organizations in order to create a digital ecosystem that is fair, adaptive, and transparent.