At the MK Session, the Expert Said There Was No Systemic Consumer Losses Due to the Internet Quota Burned Out

Screenshot - Lecturer of the School of Electrical and Information Technology, Bandung Institute of Technology and Head of the Information Technology Division of Perum Bulog Agung Harsoyo / ANTARA / YouTube / mahkamahkonstitusi

Expert who was presented by the government in the trial of the material of Law Number 6 of 2023 concerning Cipta Kerja, Agung Harsoyo, said based on empirical facts, there was no systemic loss from the burnt internet quota.

The reason, he said, is that if a system is structurally detrimental to consumers, then clear symptoms appear, such as increasing quota prices, fewer service options, declining service penetration, deteriorating service quality, or market failure.

"However, what happened in Indonesia is quite the opposite," Agung said in a plenary session at the Constitutional Court (MK), Jakarta, Monday, June 29, reported by ANTARA.

He revealed that the results of a survey by the Indonesian Internet Service Provider Association (APJII) showed that in recent years, the number of internet users in Indonesia has increased, network capacity has increased, the coverage of the served area has become wider, the choice of services has become more numerous, product innovation continues to develop, and the cost of internet access has become more affordable.

Therefore, he said, the fact shows that the existing ecosystem has worked effectively in generating benefits for the community.

Likewise, if viewed from the perspective of the legal basis, Agung said that if measured based on the principles set out in Article 2 of Law Number 36 of 1999 concerning Telecommunications, namely the principle of benefit, the public has obtained broad and affordable digital access.

In addition, regarding the principle of fairness and equality, he continued, various segments of the community have been able to choose services according to their needs and abilities.

Then for the principle of legal certainty, he said that rights, obligations, prices, and service conditions had been presented transparently.

Thus, he said, if the telecommunications ecosystem is viewed as a whole, the state has carried out its regulatory obligations, operators have carried out their service provision obligations, and consumers have obtained their rights in the form of access, information, and freedom of choice.

"The practice that has developed so far is not a relationship that harms one party, but rather a balance of rights and obligations that produces mutual benefits for consumers, industry, and the state," he said.

Agungyang, who is a lecturer at the School of Electrical and Information Technology, Bandung Institute of Technology and Head of the Information Technology Division of Perum Bulog, gave testimony as an expert in cases No. 273/PUU-XXIII/2025 and 33/PUU-XXIV/2026.

The applicants in both applications questioned Article 71 paragraph 2 of the Job Creation Law. The article, which is a change to Article 28 of Law Number 36 of 1999 concerning Telecommunications, regulates the rates for the provision of telecommunications.

Article 71 paragraph 2 of the Manpower Creation Law contains two points, the first: The amount of the tariff for the implementation of telecommunications networks and/or the provision of telecommunications services is determined by the telecommunications network operator and/or telecommunications service provider based on the formula set by the central government.

Then, the second point: The central government can set upper limit tariffs and/or lower limit tariffs for the provision of telecommunications, taking into account the interests of the public and healthy business competition.

In the application number 273/PUU-XXIII/2025, online taxi driver (ojol) Didi Supandi and online culinary trader Wahyu Triana Sari questioned the system of withholding internet quotas that have not been used when the quota expires by telecommunications service providers or mobile operators.

The applicants asked the Constitutional Court to interpret Article 71 paragraph 2 of the Employment Creation Law as follows: The determination of tariffs and schemes for the provision of telecommunications services shall guarantee the accumulation of residual data quotas (data rollover) that have been paid by consumers.

Meanwhile, the applicant in the application number 33/PUU-XXIV/2026, TB Yaumul Hasan Hidayat who is a student, also tested the same article.

Yaumul reasoned that internet quotas had an impact on online learning so that the unilateral removal of quotas without consent and adequate compensation was considered contrary to the principles of legal certainty and justice.

In his application, Yaumul asked for Article 71 paragraph 2 of the Employment Creation Law to be amended to: Internet quotas that have been paid by consumers must not be unilaterally deleted or destroyed, and in the event that a limitation on the period of validity is set, it must be accompanied by a fair, transparent, and proportional mechanism to ensure legal certainty and protection of the constitutional rights of citizens.