RRI.CO.ID, Jakarta - Indonesia's Constitutional Court has ruled that mobile network operators in the country must ensure that consumers' remaining mobile data allowances remain valid and usable. The ruling came after the Court partially granted a petition challenging the Job Creation Law against the 1945 Constitution in Jakarta on Thursday, July 23, 2026.

Constitutional Court Justice Adies Kadir said it is important that this telecommunications service obligation be stated explicitly. He noted that regulations, whether issued by the government or by mobile operators, should not only provide legal certainty for telecommunications providers but also ensure fair legal protection for consumers regarding the services they have paid for.

"In practical terms, any internet data allowance that has not been fully used or enjoyed must remain protected as the property right of telecommunications service users. It must remain available for use until it is exhausted, without additional charges or fees on the grounds of extending the validity period or for any other reason," Adies said.

The Court said it could not ignore the fact that internet access has become an essential need in modern society. However, pricing formulas and service schemes should not be based solely on commercial considerations but must also ensure reasonable protection for consumers.

"Telecommunications users who pay for internet data, whether through prepaid or postpaid plans, and who still have unused data remaining, must be protected," the ruling stated.

In addition, the Court noted in its legal considerations that, within reasonable legal interpretation, what should be protected is not the data quota itself but rather the economic value and service benefits that consumers have paid for but have not yet fully received. The real issue, the Court explained, is not whether the customer's mobile data constitutes property in itself, but whether consumers have a right to the economic benefit of the service they have purchased."

"Therefore, in the context of telecommunications services, payment by a customer for a data package essentially creates the right to enjoy the benefits of that service in accordance with the applicable terms and conditions. That right should be recognized as a form of property in the form of an intangible asset," Liliek said.