JAKARTA - In the midst of the increasingly inevitable pace of digitalization, the old practice of the telecommunications industry is beginning to be challenged from its roots. Not by large corporations or consumer associations, but by ordinary citizens: a married couple, an online motorcycle driver, and an online food trader. They bring up an issue that has been considered normal, even "the fate of prepaid card users": internet quotas that are burned when the validity period ends.
The lawsuit is now officially rolling at the Constitutional Court. The applicants question Article 71 paragraph 2 of Law Number 6 of 2023 concerning Job Creation, which gives telecommunications operators broad authority in setting tariff and service schemes. According to them, this norm has become a legal loophole for the practice of extortion of quotas without the obligation of accumulation, return, or conversion of value to consumers.
This legal step has received attention from parliament. Member of Commission I of the Indonesian House of Representatives, Okta Kumala Dewi, called the lawsuit a reflection of the increasing legal awareness of the public in the digital era. He assessed that today's internet is no longer just a complement to lifestyle, but a social infrastructure that supports work, education, business, and public services.
"When people feel that their rights are harmed in services that have become basic needs, the constitutional path is a legitimate choice," said Okta in Jakarta. He emphasized that the issue of expired quotas is not merely a matter of data left over, but a relationship of unequal power between consumers and service providers.
This lawsuit to the Constitutional Court was filed by Didi Supandi, an online motorcycle taxi driver, and Wahyu Triana Sari, an online culinary trader. In the preliminary hearing, Didi revealed the concrete losses he had suffered. From the 30 gigabyte data package he bought, only a third was used before the validity period ended. The rest was burned, without a compensation mechanism.
For applicants, this practice harms consumer property rights. Internet quotas are paid in full in advance, so that logically, legally and economically, the remaining benefits of the service should remain the user's right. They assess the operator's policy that hides behind Article 71 paragraph 2 of the Labor Creation Law creates legal uncertainty and opens up room for exploitation.
The argument is strengthened by cross-sector comparisons. The government, through energy regulations, guarantees that prepaid electricity balances are not wasted. However, on internet data services, which are now equally vital, similar protection is not available. This difference in treatment is considered discriminatory and contrary to the principle of constitutional fairness.
The Constitutional Court responded to the lawsuit seriously. Constitutional Judge Arsul Sani asked the applicant to strengthen the application with international comparative studies related to quota or prepaid pulse arrangements in other countries. Deputy Chairman of the Constitutional Court Saldi Isra gave 14 days for file improvement, with a deadline of January 26, 2026.
Outside the courtroom, this issue has sparked greater concerns. Okta Kumala Dewi revealed that the economic value of the wasted internet quota is estimated at IDR 63 trillion. This figure, according to him, is too big to be ignored without transparency and thorough evaluation.
"This is not a small amount of money. If it is true that it reaches tens of trillions, then the state must ensure that there are no practices that harm the community," he said. Okta encouraged Commission I of the DPR RI to invite the relevant ministries and telecommunications operators in an open hearing.
From citizen lawsuits to parliamentary responses, the burnt internet quota case has now transformed from a daily complaint into a digital rights issue. It touches on fundamental questions about the role of the state in protecting consumers in the midst of a fast-growing digital economy, while regulation lags behind.
The MK's ruling will be an important precedent. Not only for the telecommunications industry, but for the direction of national digital policy: whether the internet is treated solely as a commodity, or as a public service that demands justice, certainty, and protection of citizens' rights.
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