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Criminal defence in Bali — drug arrests and other criminal cases

Written and reviewed by Jeremy Jordan, S.H. — licensed Indonesian advocate (advokat), DPN Indonesia, NIA 25.25.32730 · Reviewed 9 October 2026

Since 2 January 2026 every new criminal case in Indonesia runs under a new Criminal Code and a new Code of Criminal Procedure, and the drug penalties were rewritten the same day. This page is for foreigners in Bali — and for the families who get the phone call — facing an arrest, a police summons or a criminal report, most often in a drug case. No outcome can be promised in a criminal matter. What a licensed advocate does is make sure every right is used from the first hour, every deadline is counted, and the family knows what is happening.

What you get

How it runs, step by step

MilestoneTypical timeWhat happens / your part
Intake & positionDaysWe read the summons, report and documents, run the conflict check, and fix your position — reporting party or suspect; you hand over every letter, BAP copy and message you already hold
Report or first examination (penyelidikan)Weeks–months; police-controlledAs reporting party we prepare and file the report; as a person summoned we attend the examination with you. Before questioning starts the investigator must inform you of your right to counsel
Investigation & suspect status (penyidikan)Months; detention capped 20 + 40 daysWe attend every examination and place objections to entrapping questions on the record. Where there are grounds, suspect status, detention, search or seizure can be tested by praperadilan
File to prosecutor → prosecutionMonths; prosecutor-controlledThe file goes to the public prosecutor and, once declared complete, moves to indictment. The pace here belongs to the prosecutor, not to the firm
TrialMonthsIndictment, evidence, witnesses, pleading, judgment. We prepare you for each session and run the defence — or, for a reporting party, support the case as your interest requires
Judgment → appeal; restorative route throughoutAdvised at each stepAfter the ruling we advise appeal versus accept. Where the offence qualifies, the restorative route can close a case from the first inquiry up to trial — it is not open to every offence

Typical total: Highly variable; police and prosecutors control the clock

Legal basis

Each basis above has been verified against the primary source and filed in the firm's dossier for this service. Points still under verification are not published here.

Common questions

Someone in my family has been arrested for drugs in Bali. What should we do first?

Find out who holds them — BNN or the police — and where. The family is entitled to a copy of the arrest warrant and of the detention order within one day of each (KUHAP Articles 95(3) and 100(4)). Contact your embassy: a foreign suspect has the right to contact and be visited by their country's representative, and the notice naming them a suspect goes to that representative (Articles 142(h)–(i) and 90(5)). Then instruct an advocate — counsel may see the suspect from the moment of arrest (Article 150(b)). Please do not pay anyone who offers to "fix" the case: this firm does not offer, arrange or pass on any payment to officials.

How long can they be held?

After a drug arrest, BNN investigators may hold a person for up to 3 × 24 hours, extendable by a further 3 × 24 hours (Narcotics Law, Article 76). Detention during the investigation is then capped at 20 days plus up to 40 (KUHAP Article 102); prosecution adds 20 plus up to 30, and the district court trial 30 plus up to 60 (Articles 103–104). Where the offence carries 9 years or more, each stage can be extended by a further 30 plus 30 days (Article 107). Time in detention may never exceed the maximum sentence for the offence (Article 109(2)).

Is rehabilitation instead of prison possible?

Sometimes, never automatically. Addicts and victims of abuse must undergo rehabilitation (Narcotics Law Article 54); a judge may order treatment that counts as time served (Article 103); and the Supreme Court's Circular 4/2010 lists when that order fits — including a one-day amount and no evidence of trafficking. At the investigator's request, an Integrated Assessment Team assesses whether the person is a victim of abuse, an addict or a dealer, and must conclude within six days of the request. But possession is a separate offence with heavier penalties than personal use, so the evidence decides which route is open.

Do you also act in criminal matters that are not about drugs?

Yes — a police summons as a witness or suspect, a complaint of fraud or embezzlement that you have filed or that names you, and the restorative-justice route where the offence qualifies. That route is now set out in the procedure code itself (Articles 79–82), with conditions such as a maximum sentence of five years and a first offence, and it is closed to a list of offences that includes drug offences other than for users.

Honest limits

No result can be promised in a criminal case, and anyone who promises release, rehabilitation or a dropped case is selling something that is not theirs to sell. This firm does not offer, arrange or pass on payments to officials, and does not act for anyone who asks it to. The pace of a case belongs to the police, BNN, the prosecutor and the court; every duration on this page is indicative of 2026 practice. Praperadilan is a test, not a right to win, and it has limits. Indonesian drug penalties remain severe, and every outcome turns on the evidence and the amounts involved. The 2026 codes are new and are still being tested before the Constitutional Court, so the legal position is re-checked for each case rather than taken from this page. The first step is a paid consultation — Rp2.5 million for 90 minutes; criminal work is then quoted in writing after intake.

Talk to the advocate

Tell us what you are dealing with on WhatsApp. That first message is intake and a conflict check — not legal advice. Advice happens in a booked consultation: Rp2.5 million for 90 minutes, credited against your fee if you retain the firm within 30 days.

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Visa and immigration — the E-series routes

Further reading

Criminal

Arrested for Drugs in Bali: What Happens Next, Step by Step

Litigation

When it goes to court: litigation in Bali for foreigners

Immigration

Deported as a 'fake investor': how the Bali crackdown works

This page is general information, not legal advice for your situation, and does not create a lawyer–client relationship. Government, court, notary and bank steps are outside the firm's control; timings are indicative of 2026 practice. Outcomes depend on the facts of each case; no result is guaranteed.
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