Medikantyo Adhikresna, Jakarta – The Constitutional Court ruled on Thursday that telecommunications operators may no longer forfeit customers' unused mobile data, ordering providers to offer mechanisms that ensure prepaid or postpaid subscribers can continue using data they have already paid for.

The landmark ruling granted a petition filed by consumers challenging the industry's practice of expiring unused data once a package's validity period ends.

Reading the court's decision, Chief Justice Suhartoyo said telecommunications providers must ensure that service charges are proportionate to the benefits received by customers, including protecting internet data allowances that have been purchased but remain unused.

Justice Adies Kadir said both prepaid and postpaid subscribers are entitled to legal protection for unused data balances.

The court said operators must provide customers with options to preserve unused data, including rollover or accumulated data, extended validity periods, benefit transfers, compensation, refunds, or other consumer protection mechanisms.

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

The Constitutional Court also instructed the government to establish a telecommunications pricing framework that keeps pace with technological developments, evolving business models, and consumer needs while prioritizing consumer protection.

It further called for consumer protection agencies and other stakeholders to be involved in future adjustments to telecommunications tariffs.

The judicial review was filed by ride-hailing driver Didi Supandi and online food vendor Wahyu Triana Sari, whose lawyers argued that existing regulations allowed operators to unilaterally determine data validity periods, creating legal uncertainty for consumers.

Source: https://jakartaglobe.id/tech/indonesias-top-court-bans-telecom-operators-from-expiring-unused-dat