Indonesian Top Court Rules Protection for Unused Internet Data

Indonesia's Constitutional Court has ruled that telecommunication operators cannot unilaterally forfeit unused internet data purchased by consumers. The court declared that remaining internet data is an intangible asset with personal ownership rights, deserving state protection.

During a hearing on Thursday, July 23, 2026, Constitutional Justice Adies Kadir stated, "Unused data must remain protected as the property of telecommunications users or remain available for use until exhausted without additional charges." The court reasoned that unused data holds economic value, as it was acquired through legitimate payment, and its forfeiture violates the right to private ownership guaranteed by the 1945 Constitution.

The court partially granted the petitioners' request in Case Number 273/PUU-XXIII/2026. While acknowledging operators' freedom to offer various service schemes, the ruling emphasizes consumer choice in protecting purchased but unused data. Mechanisms for protection could include data rollover, extended validity periods, benefit transfer, compensation, or other protective measures.

This landmark decision applies to both prepaid and postpaid users. The case was brought forth by three Indonesian citizens who argued that existing telecommunications laws failed to adequately protect consumers' rights regarding unused internet data. The ruling aims to ensure fair treatment and uphold consumer property rights in the digital age.

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Unused data must remain protected as the property of telecommunications users or remain available for use until exhausted without additional charges.