TEMPO.CO, Jakarta - The Indonesian Constitutional Court (MK) has ruled that the remaining internet data purchased by consumers cannot be unilaterally forfeited by telecommunication operators. According to the court, internet data is an intangible entity in which personal ownership rights are attached, thus warranting state protection.
The decision was announced during the hearing of case Number 273/PUU-XXIII/2025 at the Constitutional Court building in Jakarta on Thursday, July 23, 2026.
"Unused data must remain protected as the property of telecommunications users or remain available for use until exhausted without additional charges," said Constitutional Justice Adies Kadir.
The court said in its consideration that the remaining internet data holds economic value as it was obtained through legitimate payment to telecommunication operators. Therefore, forfeiting the remaining data breaches the right to private ownership as guaranteed by Article 28H paragraph (4) of the 1945 Constitution.
Through this decision, the court partially granted the petitioners' requests. The court emphasized that the telecommunication operators are allowed to offer various service schemes, including internet data packages with or without rollover features.
The crux of the decision is offering consumers the option to protect the remaining internet data they have purchased.
Adies Kadir said the protection of unused internet data can be achieved through various mechanisms, such as quota accumulation or rollover, extension of the active period, benefit transfer, compensation, or other forms of protection. These provisions apply to both prepaid and postpaid service users with unused internet data.
Case Number 273/PUU-XXIII/2026 was filed by three Indonesian citizens, Didi Supandi, Wahyu Triana Sari, and Rega Felix. They argued that the provisions in the Telecommunication Law did not provide adequate protection for consumer rights regarding purchased but unused internet data.
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