Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Indonesian law does not set out a separate offence called “drunk driving” with a general statutory blood-alcohol limit. Instead, police may examine whether a driver lacked the concentration required by traffic law, drove dangerously, or caused a crash through negligence.
In Malang, the location matters. An incident in Malang City may involve Satlantas Polresta Malang Kota and the Malang District Court; an incident in Malang Regency may fall under Polres Malang and the Kepanjen District Court. Police may investigate the driver’s condition, witness accounts, crash evidence, and any breath or medical test results.
A traffic stop or ticket is not the same as a criminal prosecution. Where a crash involves injury, death, or significant damage, police may open a criminal investigation and refer the case to prosecutors. Paying compensation or reaching an agreement with another person does not automatically end a criminal case.
You were stopped after drinking. A lawyer can explain the alleged violation, review how the stop and any testing were documented, and help you respond to police questions.
A crash caused injuries or death. The case may involve serious criminal allegations, medical evidence, vehicle inspections, and competing accounts of what happened.
You dispute the police account or test evidence. A lawyer can identify relevant witnesses, request available records, and assess whether the evidence supports the allegation.
Your vehicle or driving licence has been affected. Get advice on the legal basis and process for any seizure or restriction, and what steps may be available to seek its return.
The incident occurred near a Malang jurisdiction boundary. Confirming whether the matter belongs to Malang City or Malang Regency can help identify the investigating police unit and court.
You are asked to pay compensation or sign a statement. A lawyer can explain what the document means and whether a private settlement affects, but does not necessarily resolve, criminal proceedings.
Law No. 22 of 2009 on Road Traffic and Transportation (Undang-Undang Lalu Lintas dan Angkutan Jalan). Promulgated on 22 June 2009, it requires drivers to drive reasonably and with full concentration under Article 106(1). Article 283 addresses driving without the required concentration; Articles 310 and 311 may apply to negligent or intentionally dangerous driving that causes a crash.
Government Regulation No. 80 of 2012 on Procedures for the Inspection of Motor Vehicles on the Road and the Enforcement of Traffic and Road Transportation Violations. Promulgated on 12 October 2012, it regulates road inspections and enforcement procedures. It is relevant to how a traffic violation is handled, rather than creating a separate alcohol-driving offence.
Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP). Promulgated on 31 December 1981, it sets out criminal investigation and court procedures. Its rules may matter if police treat the incident as a criminal case rather than only a traffic violation.
The applicable charge and consequences depend on the evidence and the circumstances, especially whether anyone was injured or killed. A lawyer should check the current text of the provisions cited in the case documents.
The national traffic law does not establish a general numerical blood-alcohol limit for drivers. Authorities may instead assess whether the driver was able to drive with reasonable care and full concentration, using the evidence available.
The absence of a breath test does not necessarily prevent an investigation or prosecution. Police may consider witness statements, medical findings, video, vehicle evidence, and other relevant material.
Comply with lawful instructions and ask what allegation is being investigated. You may seek legal advice before giving a detailed statement, and should read any written record carefully before signing it.
Police action depends on the alleged offence, the evidence, and the circumstances, including whether anyone was injured. Ask for the legal basis for any detention and contact a lawyer promptly.
The investigation may consider negligent or dangerous driving offences under Law No. 22 of 2009, depending on the facts and the harm caused. Preserve relevant documents and get legal advice before making statements or signing compensation terms.
Not automatically. Compensation or an agreement may be relevant to the parties’ losses, but it does not by itself require police or prosecutors to stop a criminal case.
The incident location determines the likely jurisdiction. Malang City and Malang Regency have separate police jurisdictions, and a lawyer can confirm the responsible unit and court from the police documents.
There is no single timeline for every case. A straightforward traffic matter may move differently from a crash involving serious injuries, disputed evidence, or several witnesses.
Private legal fees vary according to the case stage, complexity, and work required; there is no single standard fee. Request a written fee agreement that explains what is included and whether court appearances or other expenses cost extra.
People who meet the eligibility requirements may apply for assistance through an accredited legal aid provider under Indonesia’s legal aid system. The National Law Development Agency (BPHN) provides information about legal aid providers and services.
A lawyer may not be necessary for every ticket, but advice can help if you dispute the allegation or the matter involves a crash, injury, or criminal investigation. Check the notice carefully so you understand the response process and any deadline.
Satlantas Polresta Malang Kota: handles traffic-policing matters within Malang City, including traffic investigations. For an incident outside the city, confirm whether Polres Malang is responsible.
Malang District Court (Pengadilan Negeri Malang): handles criminal cases within its jurisdiction. Its court service desk or legal aid post can provide procedural information and direct eligible visitors to available assistance.
National Law Development Agency (Badan Pembinaan Hukum Nasional, BPHN): provides information about government-recognised legal aid and accredited legal aid organisations. Ask about eligibility and which provider serves the relevant area.
Confirm where the incident happened. As soon as possible, establish whether the location was in Malang City or Malang Regency and note the police unit handling the matter.
Collect the key documents. Gather any police notice, ticket, report, medical record, insurance correspondence, vehicle documents, and messages from witnesses. Keep originals safe and make copies.
Write down your account while events are fresh. Record the time, location, people present, and any testing or statements requested. Do not alter or delete relevant messages, photos, or video.
Contact lawyers who handle traffic criminal cases. Within the next few days, ask about their experience with alcohol-related driving allegations and cases handled by the relevant Malang police unit or court.
Compare advice and fees before retaining counsel. Ask what work is included, who will handle the case, likely next steps, and additional costs. Get the fee arrangement in writing.
Check legal aid if private fees are unaffordable. Contact BPHN or the court’s legal aid post to ask about eligibility and an accredited provider. Do this promptly if you have a police appointment or court deadline.
Review the case plan with your lawyer. Confirm upcoming appointments, documents to provide, and how to communicate with investigators. Follow lawful instructions and keep copies of every document submitted.
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 Drunk Driving, 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.
Get a quote from top-rated law firms in Malang, Indonesia — quickly, securely, and without unnecessary hassle.
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.
