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Kantor Hukum Joko Siswanto, S.Kom, S.H & Rekan is a Malang-based law firm led by advocate Joko Siswanto, S.Kom., S.H., CTA., CCA. The firm provides legal assistance to individuals, families, and businesses through litigation and non-litigation services, with stated experience in civil matters,...

Founded in 2018
9 people in their team
English
FESTARRY LAW FIRM and PARTNERS is a multidisciplinary law office in Indonesia that provides advocacy, legal consulting and tax advisory services. Established in 2018, the firm brings together licensed advocates and tax consultants to support individuals and corporate clients in both litigation and...
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Indonesia Criminal Defense Legal Questions answered by Lawyers

Browse our 2 legal questions about Criminal Defense in Indonesia and read the lawyer answers, or ask your own questions for free.

Pidana Narkotika Sidang MAP
Criminal Defense
Suami saya berstatus narapidana dan MAP jadi menjalani sidang lagi saat ini, sangkatan dari lapas lain. Tidak ada barang bukti fisik kepemilikan langsung pada suami saya. Suami saya di dalam lapas. Bagaimana jika bertambah hukuman semakin lama pulang? Harusnya suami saya bisa mengajukan PB tahun 2027. Mohon bantuannya, ini sudah... Read more →
Lawyer answer by MSP Law Office

Terima kasih atas pertanyaan yang telah Saudara sampaikan. Kami memahami bahwa suami Saudara saat ini berada di Lapas dan kembali menjalani persidangan perkara narkotika dari Lapas lain. Saudara menyampaikan bahwa tidak terdapat barang bukti fisik kepemilikan langsung pada suami Saudara...

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1 answer •
Membutuhkan ahli di bidang pidana narkotika
Criminal Defense
Saya ingin mengetahui langkah hukum agar hukuman suami saya tidak bertambah dalam kasus dugaan tindak pidana narkotika.
Lawyer answer by MSP Law Office

Terima kasih atas pertanyaan yang telah Saudara sampaikan. Untuk memberikan analisis hukum yang tepat, perlu kami konfirmasi terlebih dahulu apakah suami Saudara saat ini berstatus sebagai tersangka dalam tahap penyidikan, terdakwa dalam proses persidangan, atau terpidana berdasarkan putusan pengadilan yang...

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What a criminal defence lawyer can do in Malang

A criminal case in Malang may begin with a police report, a summons, a search, or an arrest. A lawyer can advise you before questioning, help protect your procedural rights, review evidence, and represent you in court.

The correct court depends on where the case is heard. Cases within Malang City generally go to the Malang District Court, while cases from Malang Regency generally go to the Kepanjen District Court.

Most cases move from police investigation to review by a prosecutor and, if prosecuted, a court hearing. A lawyer can explain each stage and help you respond to the allegations, including where the case involves alleged assault, theft, narcotics, a traffic collision, or an online transaction.

When you may need a criminal defence lawyer

  • You receive a police summons. If police in Malang City or Malang Regency ask you to attend as a witness or suspect, a lawyer can explain the purpose of the interview and help you prepare.

  • You are arrested or detained. Contact a lawyer promptly so they can check the stated grounds, advise you during questioning, and explain available procedures for challenging or seeking suspension of detention.

  • Your home or rented room is searched. This can arise in cases involving alleged narcotics, theft, or other offences. A lawyer can advise you about the search process and help document concerns about seized property.

  • You are accused after a local altercation or traffic collision. Statements, medical records, witness accounts, and other evidence may affect how investigators understand events. Early advice can help preserve relevant records and avoid inconsistent statements.

  • You face an allegation involving an online sale, payment, or social-media post. A lawyer can assess the communications and transaction records, and advise you before you respond to investigators or the other party.

  • You are a victim reporting a crime. A defence lawyer may be the wrong fit for this role, but a lawyer can explain your options and help you understand the investigation and court process.

Criminal laws and procedure relevant in Malang

Law No. 8 of 1981 on Criminal Procedure (KUHAP) sets out core procedures for criminal investigations, prosecution, and trials. It includes the right to legal assistance and rules on questioning and detention.

Law No. 1 of 2023 on the Criminal Code was promulgated on 2 January 2023 and is scheduled to take effect on 2 January 2026, three years after promulgation. Until it takes effect, a lawyer should assess the applicable offences under the criminal laws in force at the relevant time; special criminal statutes may also apply.

Law No. 16 of 2011 on Legal Aid provides for legal aid for eligible people through government-accredited legal aid providers. It is relevant if you cannot afford a lawyer and need to check whether you qualify for assistance.

Frequently asked questions

Do I need a lawyer if police ask me to attend as a witness?

You may attend without a lawyer, but legal advice can help you understand the questions and your position in the investigation. Ask whether you are being examined as a witness or suspect, and seek advice before signing a statement you do not understand.

Can I have a lawyer during police questioning?

KUHAP recognizes a person's right to legal assistance at each stage of criminal proceedings. Tell investigators that you want legal assistance and ask for a reasonable opportunity to contact a lawyer.

What should I do if I am arrested in Malang?

Ask which authority is holding you, what allegation is being investigated, and whether you may contact a lawyer and family member. Do not sign documents you cannot read or understand, and seek legal advice as soon as possible.

Can a lawyer help if I have already given a statement?

Yes. A lawyer can review what you said, explain the next procedural steps, and advise you before further questioning. Tell the lawyer accurately what happened and provide any documents or messages related to the case.

Which court will hear a criminal case from Malang?

Cases arising within Malang City generally fall under the Malang District Court. Cases from Malang Regency generally fall under the Kepanjen District Court, but the correct venue depends on the case and its procedural circumstances.

How long does a criminal case take?

There is no single timeline for every case. The time depends on the investigation, evidence, detention status, prosecutor's review, and court schedule; a lawyer can give a more useful estimate after reviewing the case stage.

How much does a criminal defence lawyer cost in Malang?

Private legal fees vary by lawyer, case complexity, and the work included. Request a written fee agreement that states the scope, payment schedule, and whether expenses such as travel or document costs are separate.

Can I get free legal assistance?

You may qualify for legal aid under Law No. 16 of 2011 if you meet the eligibility requirements. Contact an accredited legal aid provider and ask what proof of financial eligibility and case documents it requires.

Is there a bail system in Indonesia?

Indonesia does not use the same general bail process as some other countries. A lawyer can explain whether a request to suspend detention may be available and what conditions or guarantees might be considered.

Can I change lawyers after a case has started?

You can generally appoint a different lawyer, but arrange the change carefully so it does not disrupt deadlines or hearings. Ask the outgoing lawyer for copies of filings and case documents, and confirm who will attend upcoming proceedings.

How do I check whether a lawyer is suitable for my case?

Ask about their experience with the type of allegation, their role at each stage, and who will handle hearings and communication. Confirm the fee and scope in writing, and make sure you can communicate clearly and confidentially.

Official resources in Malang

  • Malang District Court (Pengadilan Negeri Malang). Handles court proceedings within its jurisdiction, generally including criminal cases from Malang City. Its official court information can help you check hearing and case administration details.

  • Kepanjen District Court (Pengadilan Negeri Kepanjen). Generally handles criminal cases from Malang Regency. Contact the court to confirm venue and obtain official case-administration information.

  • Malang City Legal Aid Office (Pos Bantuan Hukum) at the district court. Court-based legal aid desks can provide information and assistance within their available services. Ask the relevant court whether the service can assist with your particular criminal case.

Steps to find and hire a criminal defence lawyer

  1. Act promptly if there is an arrest, detention, or scheduled interview. Contact a lawyer immediately, particularly before questioning, and ask how they can assist at the police station.

  2. Identify the case stage and location. Within a day, if possible, gather the summons, detention documents, police report details, and any court notice. Confirm whether the matter is in Malang City or Malang Regency.

  3. Prepare a short, factual case summary. List key dates, people involved, and documents or messages that may matter. Keep original records safe and do not alter or delete potential evidence.

  4. Speak with two or more suitable lawyers, where time allows. Ask about experience with the relevant offence, availability for urgent work, likely next steps, and who will handle your case.

  5. Check fees and eligibility for legal aid. Before hiring, request a written fee agreement and clarify extra expenses. If you cannot afford private counsel, contact an accredited legal aid provider promptly.

  6. Confirm the appointment in writing and share documents securely. Agree on the scope of work, fees, communication arrangements, and upcoming deadlines. Keep copies of all documents and attend every required interview or hearing.

Lawzana helps you find the best lawyers and law firms in Malang through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Criminal Defense, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.