Is Public Intoxication Legal in Indonesia After the 2026 Policy Reforms?

No. Public intoxication is not explicitly criminalized under Indonesia’s Penal Code (KUHP), but local regulations and police discretion under Law No. 2 of 2023 on Social Welfare and Law No. 1 of 2023 on the Criminal Code empower authorities to detain individuals deemed a public nuisance. Regional governments, such as DKI Jakarta’s Governor Regulation No. 12 of 2022, impose fines or rehabilitation for disorderly conduct linked to alcohol. Enforcement varies, with tourist-heavy areas like Bali prioritizing penalties over arrests.


Key Regulations for Public Intoxication in Indonesia

  • Local Government Bylaws: Regional authorities (e.g., Jakarta, Surabaya) enforce fines or mandatory rehabilitation under Perda (Regional Regulations) targeting public disturbances, not intoxication itself. Violations may incur IDR 500,000–5 million (USD 30–300) penalties.
  • Police Authority: Under KUHAP (Criminal Procedure Code) and Law No. 2 of 2023, officers can detain individuals for “public order violations” if intoxication leads to aggression, obstruction, or endangerment, with potential charges under Article 351 (assault) or Article 506 (public nuisance).
  • Tourism Zones: Bali’s Perda No. 2 of 2017 mandates rehabilitation for foreign tourists causing disruptions, while Jakarta’s Perda No. 8 of 2007 (amended 2023) imposes stricter penalties for repeat offenders in nightlife districts.