Indonesia's Constitutional Court Rules Unused Internet Quotas Cannot Be Forfeited

Indonesia's Constitutional Court has ruled that telecommunication operators can no longer unilaterally forfeit unused internet data quotas purchased by consumers. The court declared that remaining data is an intangible asset linked to private property rights, which the state is obligated to protect.

The decision, delivered on Thursday, July 23, 2026, in the case of Number 273/PUU-XXIII/2025, stated that unused data must remain protected as the property of the telecommunication service user. Consumers can utilize this data until it is fully depleted without incurring additional costs or facing forfeiture under the guise of an extended active period or any other reason.

The Court reasoned that remaining internet quotas possess economic value, having been legitimately paid for by consumers. Therefore, forfeiting these quotas without adequate protection contradicts the right to private property guaranteed by Article 28H paragraph (4) of the 1945 Indonesian Constitution. The ruling partially granted the petitioners' request, declaring that provisions in the Job Creation Law regarding telecommunication service tariffs must be interpreted to include options that ensure consumers' remaining internet quotas remain active and usable.

However, the Court clarified that this ruling does not mandate all internet packages to have unlimited validity. Telecom operators can still offer various service schemes, including those with or without rollover features, as long as consumers are provided with choices that protect their purchased data. This protection can be implemented through mechanisms such as data rollover, extended validity periods, benefit transfers, compensation, or other protective measures. The ruling applies to both prepaid and postpaid users with remaining data quotas.

“

Realistically, the quota that has not been fully used or enjoyed must remain protected as the property of the telecommunication service user, to be used until the quota runs out without being burdened by additional costs or tariffs under the guise of extending the active period or for any other reason.