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Founded in 2018
9 people in their team
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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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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,...
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How juvenile justice cases move through Malang

In Malang, juvenile justice law covers criminal cases involving children, as well as protections for child victims and witnesses. For a child accused of an offence, the process can involve police, prosecutors, the relevant district court, and a community guidance officer (Pembimbing Kemasyarakatan) from a correctional center.

Which local institutions handle a case depends on where the alleged offence occurred. Cases in Malang City generally involve Polresta Malang Kota and the Malang District Court (Pengadilan Negeri Malang); cases in Malang Regency may follow different police channels and commonly go to the Kepanjen District Court (Pengadilan Negeri Kepanjen).

Under Indonesia’s juvenile justice framework, a child aged 12 to under 18 at the time of the alleged offence is treated as a child in conflict with the law. Diversion, a process aimed at resolving eligible cases outside a trial, must be attempted for offences punishable by less than seven years’ imprisonment when the child is not a repeat offender.

A lawyer can explain the child’s rights, communicate with authorities, and help the family assess diversion or prepare for court. A child is entitled to legal assistance during the proceedings; ask the investigator or court how counsel will be provided if the family cannot afford a lawyer.

When a lawyer can help a child or family in Malang

  • A child is summoned or questioned by police in Malang City or Malang Regency after an allegation of theft, fighting, or damage to property.
  • A school reports alleged bullying, violence, or a serious incident involving students, and the child may face a police interview or criminal process.
  • A child is accused of an offence connected to a motorbike, mobile phone, or other property, and the family needs advice on evidence, questioning, or possible diversion.
  • A child is a victim or witness of violence, exploitation, or online abuse and needs help making a report and seeking protective measures.
  • Police or prosecutors are considering diversion, but the child or family does not understand the proposed agreement, its consequences, or the victim’s role.
  • A child has been detained, or the family is concerned about the child’s treatment, privacy, or access to a parent and legal assistance.

Key laws governing juvenile justice in Malang

  • Law No. 11 of 2012 on the Juvenile Criminal Justice System (Undang-Undang Sistem Peradilan Pidana Anak) governs children in conflict with the law, diversion, and protections for child victims and witnesses. It was promulgated on 30 July 2012 and took effect two years later, on 30 July 2014.
  • Law No. 23 of 2002 on Child Protection (Undang-Undang Perlindungan Anak) provides a broader child-protection framework. It was amended by Law No. 35 of 2014 and further changes were made through Law No. 17 of 2016.
  • Government Regulation No. 65 of 2015 sets guidelines for diversion and for handling children under 12 who are suspected of committing an offence. It was promulgated on 19 August 2015.

Frequently asked questions

Does a child accused of an offence need a lawyer?

Children have a right to legal assistance during juvenile criminal proceedings. A lawyer can explain the process, attend to the child’s interests, and help the family respond to questioning or diversion discussions.

What age is covered by the juvenile criminal justice system?

The system generally applies to a child who was at least 12 but under 18 when the alleged offence occurred. A child under 12 is handled under specific child-protection and social-welfare procedures rather than the ordinary juvenile criminal process.

What is diversion, and who may qualify?

Diversion is an effort to resolve an eligible case outside a trial, involving the child, victim, families, and relevant officials. It must be attempted where the alleged offence carries a penalty of less than seven years’ imprisonment and the child is not a repeat offender; it is not guaranteed to succeed.

Can a child be detained while a case is investigated?

Detention is restricted by the juvenile justice law and is not automatic. A lawyer can check whether the statutory conditions are met and ask about alternatives and the child’s treatment during the process.

Will a juvenile case in Malang City go to the same court as one in Malang Regency?

Not necessarily, because the court route depends on where the alleged offence occurred. Malang City cases generally go through the Malang District Court, while Malang Regency cases may be handled by the Kepanjen District Court.

How long does diversion take?

The law sets a 30-day period for the diversion process at each relevant stage, including investigation, prosecution, and court proceedings. The overall case can take longer if diversion does not succeed or the case proceeds to trial.

How much does a juvenile justice lawyer cost in Malang?

Private lawyers set their own fees, so there is no single local rate. Ask for a written estimate that separates consultation, police-stage work, diversion, and court representation.

Can a family get free legal assistance?

People who meet the requirements may apply to an accredited legal aid provider for assistance without charge. Ask the provider what documents are needed to establish eligibility and whether it can take the case at the current stage.

Can a child victim or witness also get legal help?

Yes. Child victims and witnesses have protections under the juvenile justice and child-protection frameworks, and a lawyer can help the family report the matter and understand available procedures.

Does agreeing to diversion mean the child has admitted guilt?

Diversion is a resolution process, not a court judgment. Before agreeing to any proposed terms, the child and family should understand the agreement, their obligations, and what happens if it is not completed.

What should the family bring to an initial consultation?

Bring any police summons, case documents, messages, photographs, school records, and a timeline of events. Do not edit or delete relevant digital material, and ask the lawyer how to preserve it safely.

Official resources in Malang

  • Malang District Court (Pengadilan Negeri Malang): Provides court services for cases within its jurisdiction and can give information about court procedures and its Legal Aid Post (Posbakum).
  • Malang Class I Correctional Center (Balai Pemasyarakatan Kelas I Malang): Community guidance officers prepare social inquiry reports and provide guidance relevant to children’s cases.
  • Malang City Resort Police (Polresta Malang Kota): Handles police services and investigations within its jurisdiction. For an incident outside Malang City, contact the police authority responsible for the location.

Steps to find and hire a juvenile justice lawyer

  1. Identify the case stage and location. Within a day, note where the incident occurred, which authority is handling it, and any interview or court dates.
  2. Gather and preserve documents. Collect summonses, reports, messages, and other relevant records before the first consultation; keep originals safe and avoid altering digital evidence.
  3. Contact a lawyer or legal aid provider promptly. Ask whether they handle child criminal cases, diversion, and child-victim matters in the relevant Malang jurisdiction. If cost is a concern, ask about eligibility for accredited legal aid.
  4. Check experience and availability. During an initial consultation, ask who will handle the case, whether they can attend the next police or court appointment, and how they will communicate with the child.
  5. Request a written scope and fee estimate. Before retaining a private lawyer, confirm what stages are covered, what is excluded, likely additional costs, and payment terms.
  6. Agree on immediate safeguards and next actions. Confirm who will accompany the child, how to respond to official requests, and whether diversion should be discussed. Do this before the next interview or hearing whenever possible.

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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.