Is there a Fair Solution for Industry and Society in the Internet Quota Controversy?

Photo by Luthfiah VOI

JAKARTA - The issue of wasted internet quotas has entered a new phase after the Constitutional Court began holding a trial on a lawsuit against Article 71 paragraph 2 of Law Number 6 of 2023 concerning Employment Creation. This lawsuit was filed by a husband-wife couple, Didi Supandi and Wahyu Triana Sari because Article 71 paragraph 2 was considered to be the legal basis for the practice of setting prepaid internet quota rates which led to wasted quota.

Actually, the practice of expired quotas does not only occur in Indonesia. In the United States, the T-Mobile operator no longer provides a rollover feature for prepaid packages. Quota balances expire after 30 days and Verizon and AT&T do have some packages that have carryover features, but they are limited and do not apply to all types, especially unlimited packages. If it is not extended in time, the quota will still be expired.

In Germany, Vodafone CallYa imposes a quota validity period of 4 weeks, after which the remaining data is lost, even if the customer purchases a new package. In Japan, mobile operators NTT Docomo & SoftBank also do not provide rollover on prepaid packages that are valid for 30 days. In fact, the remaining quota will be lost, including when the device or package is replaced.

As for neighboring countries, Singapore, most prepaid packages do not support automatic rollover. The remaining quota is wasted if it is not extended in time, unlike other operators such as Singtel or StarHub which already offer rollover features in a limited manner.

The policy of mobile operators that burn the remaining internet quota after the active period ends is considered by IPB consumer behavior and marketing experts, Megawati Simanjuntak, to be unfair to customers who have paid for the service in full at the beginning of the transaction. According to him, the unilateral removal of data access rights by telecommunications service providers is very detrimental to the wider community. Consumers often feel disappointed because the remaining data is still lost without compensation. This creates deep dissatisfaction with the quality of consumer protection services in Indonesia.

"There is an inequality felt by internet service users when their package is active. Consumers have spent money to buy a certain amount of data, but cannot use it fully due to time constraints. The logic used by mobile operators is considered not in line with the principle of ownership of goods that have been paid for," he explained.

He questioned the reason behind the loss of consumer rights for goods or services that they have legally purchased. Consumers feel unfairly treated because the funds they spend are not proportional to the benefits received. This opinion refers to the collective feeling of internet users who feel disadvantaged by the system.

Megawati assessed that the practice of quota extortion was contrary to the Consumer Protection Law Number 8 of 1999 (UUPK). The regulation explicitly guarantees the right of every consumer to obtain honest information and fair treatment in transactions. If the company's internal rules violate the basic principles of the law, then the legality of the policy should be questioned again. This has the potential to trigger legal action or changes in telecommunications regulations in the future.

He stated that the government and related regulators should immediately take action to improve the digital industry ecosystem. This step is necessary to ensure that technological innovation does not ignore the basic rights of its users. Consumer protection must be the top priority for every telecommunications service provider in the country.

"This controversy is an important reminder for stakeholders in the telecommunications industry. A balance is needed between the business profits of operators and the fairness received by the public as loyal customers. Enforcement of the Consumer Protection Law is expected to provide solutions to the unrest regarding the wasted internet quota. A more consumer-friendly policy transformation will create a healthier and sustainable industry climate," said Megawati.

Quota Hangus Not a Violation of Law

On the other hand, the government emphasized that the policy of the expired prepaid internet quota is not a violation of the law. The policy is considered as part of the regulation of telecommunications services which aims to maintain the quality of the network as well as ensuring the sustainability of the industry.

The Director General of Digital Infrastructure of the Ministry of Communication and Digital (Komidigi), Wayan Toni Supriyanto, explained that philosophically the provision of telecommunications is the responsibility of the state because this sector has a strategic meaning in supporting national development, ranging from encouraging economic growth to educating the nation's life. Sociologically, the regulation must also adapt to technological developments and the dynamics of healthy business competition.

"The Telecommunications Law as amended by the Employment Creation Law regulates the amount of telecommunications service rates in general, with the aim of balancing the freedom to do business and protecting the interests of the public as users of services," he said.

He explained that the provisions in Article 28 of the Telecommunications Law give the government the authority to set policies and tariff formulas, supervise services, and create legal certainty for business actors and service users. However, this article does not explicitly regulate the expired internet quota.

"The law does not regulate the term of expired quota. The regulation is in the legal relationship between telecommunications service providers and users, which is stated in the service agreement," he added.

Toni emphasized that the government had issued a number of derivative regulations to ensure consumer protection and healthy business competition, including the obligation of information transparency, prohibition of misleading tariff practices, as well as complaint mechanisms and administrative supervision.

From an economic perspective, the government considers the telecommunications industry to be a capital-intensive sector that requires large and sustainable investments. Therefore, the regulation of the validity period of quotas is necessary to maintain network management and service quality.

"If quotas are treated as rights without a time limit, it has the potential to create uncertainty in network management, increase operational costs, and reduce service quality, which ultimately harms the wider community. Thus, regulating the validity period of quotas is a rational and proportional economic policy," he said.

It Takes Political Will from the Government and Transparency from Telecommunications Issuers

Dosen Politik Hukum Perlindungan Konsumen Pascasarjana Universitas Pasundan, Firman Turmantara Endipradja menjelaskan, dari perspektif KUHPerdata, kerugian dalam kasus kuota hangus bukan hanya diderita oleh pemohon uji materi sebagai konsumen pemakai/pengguna kuota internet yang dirugikan akibat membeli kuota internet dari penjual/pedagang kuota internet (hubungan privat/perjanjian), tapi juga kerugian yang dialami semua subjek hukum (manusia dan badan hukum) yang menggunakan kuota internet karena adanya kebijakan pemerintah/negara melalui regulasi peraturan perundang-undangan/UU Cipta Kerja. Karena itu, maka hal ini sudah menyangkut Politik Hukum Perlindungan Konsumen.

"Meanwhile, the understanding of Consumer Protection Law Politics itself is a thought that is the basis for state intervention with its tools (executive, legislative and judicial) to protect consumers in the context of welfare and social justice," he said.

He said that in addition to the constitutional mandate which assigns the state to protect and prosper the people, the Consumer Protection Law itself in Chapter VII (Articles 29 and 30) regulates the government's responsibility in the guidance and supervision of the acts/practices of business actors.

"After previously consumers were shocked by various cases of all-oplosan/fake (bbm, rice, gas, cooking oil, sugar, oil, cement, etc.), now the internet quota, and what else is next? Because it is a humanitarian issue, it requires the government's political will to immediately change the fate of consumers, including revising the Labor Creation Law in a better direction," added Firman.

Meanwhile, Citra Institute researcher Efriza asked that issuers in the telecommunications sector open information honestly and completely, including regarding income from expired quotas whose value could reach trillions of rupiah every year. In addition, it is time for regulators such as the IDX to take firm steps by tightening the evaluation and validation mechanisms for issuer financial statements.

"Otherwise, the potential for abuse or manipulation of reports will continue to be a latent threat in the Indonesian capital market. The issue of wasted internet quotas is not a small matter. This is about ethics, transparency, and impartiality towards the public," he concluded.

He emphasized that information disclosure is not only a legal obligation, but also a moral commitment to maintain market integrity and protect consumer rights. If the telecommunications industry wants to remain trusted by the public, then financial reporting must be honest and transparent, including on things that seem trivial but have a big impact, such as unused quotas.