The Petitioner challenging the amendment to the Telecommunication Law by the Job Creation Law presenting Case No. 30/PUU-XXIV/2026, Wednesday (1/28/2026). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — As a self-employed individual, Rachmad Rofik relies heavily on internet quota as a key supporting instrument for his business activities. However, he allegedly has suffered losses due to the implementation of the “forfeited quota” system facilitated under Article 71 point 2 of Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation as Law.

Therefore, he filed for the constitutional review of Article 71 point 2 of the Job Creation Law before the Constitutional Court. The preliminary hearing for Petition No. 30/PUU-XXIV/2026 was presided over by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih on Wednesday, January 28, 2026.

The Petitioner recounted that he had fully paid for an internet package but subsequently received a system notification stating that the 10 GB quota would be forfeited on January 4, 2026. Internet quota that was fully paid for by the Petitioner is, in essence, private property with economic value. However, due to the application of the contested provision, operators are granted discretion to seize such property through a unilateral “forfeiture” scheme without any compensation. This, according to the Petitioner, contravenes the principle of protection of property rights, which may not be arbitrarily deprived. In the Petitioner’s view, this situation creates acute legal uncertainty when compared to other energy sectors.

“In prepaid electricity services, the remaining kWh balance does not expire as long as the meter remains active. By contrast, in the telecommunications sector, ‘goods’ that have already been purchased can disappear merely due to the passage of time, which has no direct correlation with the service provider’s operational burden for data that has not yet been transmitted,” the Petitioner explained at the hearing, which he attended online.

Accordingly, he requested that the Court declare Article 71 point 2 of the Job Creation Law unconstitutional and not legally binding insofar as it is not interpreted to mean: “The determination of tariffs and service delivery schemes for telecommunications services must provide guarantees for the accumulation of remaining paid quota (data rollover)”; or “Any remaining quota purchased by consumers shall remain valid and usable for as long as the prepaid card remains active”; or “Any unused quota must be converted back into credit value or refunded proportionally to consumers upon the expiration of the package validity period.” 

Panel’s Advice

Constitutional Justice Enny Nurbaningsih advised the Petitioner to pay close attention to the substance of the petition by referring to examples of petitions previously submitted to the Court that could serve as reference when revising the petition. “Then, clearly elaborate the contradiction posed by the challenged norm—whether it concerns the entire article, paragraphs, phrases, or words. Furthermore, in the second petitum, the object must be corrected and the relief sought must be clarified. There is confusion here as to which part is to be interpreted, and this needs to be made clearer,” she explained.

Subsequently, Constitutional Justice Anwar Usman requested that the Petitioner elaborate on the actual and potential losses that he has suffered.

Before adjourning the session, Constitutional Justice Arief Hidayat announced that the Petitioner would have 14 days to revise the petition. The revised the petition must be submitted to the Court no later than 12:00 WIB on Tuesday, February 10, 2026. The Court will then schedule the second hearing to examine the petition revisions.

Explore case No. 30/PUU-XXIV/2026 (in Indonesian).

Author         : Sri Pujianti
Editor          : N. Rosi
Translators   : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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