Road laws and driving licences for foreigners in Indonesia

Laws in Indonesia typically have an over-riding statute (undang-undang) followed by subsidiary government regulations (peraturan pemerintah) and ministerial regulations (peraturan menteri).

The statute for road law is UU 22/2009 (UU LLAJ). This was modified in various ways by the omnibus law 11/2020, in various ways but the original law for general use was largely unaffected. The main regulations Perpol 5/2021.

In brief:

• wear a helmet as a motorcyclist
• carry STNK for your vehicle
• carry your local licence if you are an ITAS or ITAP holder
• carry your IDP and foreign licence if you are not an ITAS or ITAP holder

Offences under the Road Traffic Act

Under article 314 road traffic offences can also be subject to revocation of driving licence and victim compensation, further to the penalties below.

Driving licence penalties and points

Based on the accumulation of points (new rules from 2021 law) the following can occur:

• Penalty 1–12 or more points
• Penalty 2–18 or more points

Reaching Penalty 1 or 2 means that you cannot renew your licence.

Penalty 1 means he licence can be withdrawn by the police temporarily and subject to retesting.

Penalty 2 means a licence withdrawal for a court-appointed period of time after which the licence can be re-applied for.

Offences for all road users

• Article 274–up to 24 million/1 year in prison for damaging the road
• Article 282 — up to 250k/1 month+ 1 point for not following orders of a police officer

Motor vehicle offences

These are all considered misdemeanours except as noted.

Motorcycle offences

• Article 285(1) — up to 250k rp/1 month+ 1 point for not meeting requirements of tyre tread depth, rear view mirror, brake light, headlight, turn lights, reflectors, speedometer, horn, exhaust regulations (including emissions and noise)
• Article 291(1) — up to 250k/1 month + 1 point or not wearing SNI helmet while driving motorcycle
• Article 291(2) — up to 250k/1 month+ 1 point for driver who allows passenger not to wear SNI helmet
• Article 292 — up to 250k/1 month+ 1 point for carrying more than 1 passenger
• Article 293(2) — up to 100k/15 days+ 1 point for not using lights during the day as a motorcyclist

Car offences:

• Article 278 up to 250k rp/1 month+ 1 point without seat belt, spare tyre, safety triangle, jack, wheel key, first aid kit
• Article 285(2) — up to 500k rp/2 months + 3/5 points for not meeting requirements of tyre tread depth, rear view mirror, brake light, headlight, reverse light, side lights, front windscreen, windscreen wipers, turn lights, reflectors, speedometer, horn
• Article 286 — up to 500k rp/2 months+ 3/5 points for driving unroadworthy vehicle
• Article 290 — up to 250k/1 month + 1 point for not wearing helmet and seatbelt for totally open 4-wheel vehicles

All motor vehicles:

• Article 279 — up to 500k rp/2 months+ 3 points for installing equipment that threatens the safety of traffic
• Article 280 — up to 500k rp/2 months+ 3 points for driving without number plate
• Article 281–up to 1000k rp/up to 4 months + 5 points for driving without a licence
• Article 288(2) — up to 250k/1 month+ 1 point for failure to show a driving licence when asked
• Article 283–up to 750k rp/3 months + 5 points for driving while performing other activities affecting concentration (e.g. mobile phone usage)
• Article 284 — up to 500k rp/2 months + 3 points for driving without prioritizing safety of cyclists and/or pedestrians
• Article 287(1),(2) — up to 500k/ 2 months+ 3/5 points for failing to follow traffic signs/road markings
• Article 287(3) — up to 250k/1 month+ 1/5 points for breaching rules on movement, stopping and parking
• Article 287(4) — up to 250k/1 month+ 1 point for failing to give priority to vehicles fitted with sirens
• Article 287(5) — up to 500k/2 months +3/5 points for breaking speed limit
• Article 287(6) — up to 250k/1 month+ 1 point for breaching vehicle attachment/towing rules
• Article 288(1) — up to 500k/2 months+ 3 points for driving a vehicle without STNK
• Article 289- up to 250k/1 month+ 1 point for driver or front seat passenger not wearing seatbelt
• Article 293 (1) — up to 250k/1 month+ 1 point for not using lights at night
• Article 294 /295 — up to 250k/1 month + 1 point for not using turn signals or hand signals when turning, reversing, changing lane, moving to the side
• Article 296 — up to 750k/3 months+ 5 points for not following signals at crossings for trains
• Article 297 — up to 3000k/1 year + 5 points for racing on the road
• Article 298 — up to 500k/2 months+ 3 points for stopping in emergency without using hazard lights, emergency triangle, etc.

Felonies:

• Article 277–up to 24 million/1 year for importing a vehicle without type approval
• Article 312- up to 75000k/3 years + 10 points for not stopping at an accident you are involved in, or failing to report it to the police, or failing to give aid in relation to it
• 311(1) dangerous driving without accident 3000k/1 year + 5 points

Careless (article 310)/dangerously (article 311 2–5) driving, causing an accident:

• 1000k or 6 months + 5 points /4000k or 2 years+ 10 points — with property damage
• 2000k or 1 year + 5 points/8000k or 4 years + 10 points — minor injuries
• 10000k or 5 years + 12 points /20000k or 10 years + 12 points — serious injuries
• 12000k or 6 years + 12 points / 24000k or 12 years + 12 points — death

Offences specific to public transport and goods vehicles

• Article 276–up to 250k/1 month+ 1 point for public transport failing to stop at the terminal
• Article 288(3) — up to 500k/2 months+ 3 points for public transport and goods vehicles without valid regular inspection certificate
• Article 300- up to 250k/1 month + 1 point for public transport and goods vehicles not using the leftmost lane except for overtaking, for not stopping when picking up passengers, and for not closing the door while driving
• Article 301 — up to 250k/1 month + 1 point for goods vehicles not using the correct class of road
• Article 302 — up to 250k/1 month + 1 point for public transport picking up/dropping off passengers except at a stop, and for not following authorized route
• Article 303 — up to 250k/1 month + 1 point for goods vehicles picking up passengers
• Article 304 — up to 250k/ 1 month + 1 point for special-purpose public transport vehicles otherwise than according to that purpose
• Article 305 — up to 500k/2 months+ 3 points for special-purpose goods vehicles not following the conditions, times etc. of their licence
• Article 306 — up to 250k/1 month + 1 point for goods vehicles without a letter of orders
• Article 307 — up to 500k/2 months+ 3 points for goods vehicles exceeding their load dimensions/weight
• Article 309 — up to 1500k/6 months for transport companies not having insurance for their passengers, goods and third party risks
• Article 313 — up to 1500k/6 months for transport companies failing to insure their staff

Non-motorized vehicles

There is a fine of up to 100k or 15 days prison under article 299 for:

• being towed by a motorized vehicles
• transporting goods that can endanger other road users
• not using the cycle lane when one is provided

Confiscation of motor vehicles, registrations and licences

A police officer or road traffic civil servant under PP 80/2012 follows a certain confiscation procedure:

• driving licence can be confiscated for traffic violations
• STNK (registration certificate) can be confiscated if the driver doesn’t bring their licence (but has one)

These will be returned after showing the receipt for payment of the fine or the valid licence.

Confiscation of the vehicle itself can happen if:

• invalid/no STNK
• no driving licence
• violation of roadworthiness requirements
• vehicle involved in an accident causing serious injury or death
• vehicle suspected to be from proceeds of crime

Foreigners suspect of having no licence may have their vehicle confiscated.

The return of the vehicle occurs after it fulfils the requirements (e.g., STNK obtained for vehicle with no STNK, is made roadworthy, etc.).

Speed limits

The speed limits applicable nationally and notionally, based on Permenhub 111/2015 and UU LLAJ:

• toll roads: minimum 60, maximum 100kph out of cities, 80kph in cities
• intercity roads: maximum 80kph
• city roads: maximum 50kph
• residential areas: maximum 30 kph

There is supposed to be signage of speed limits and setting of speed limits based on road conditions, but this rarely happens in most parts of Indonesia.

Driving licence issue and acceptance

The issue of driving licences is by the police.

International Driving Permits

Driving permit vs. driving licence

There is a common misconception that there is a difference between a ‘driving permit’ and a ‘driving licence’. In fact there is none. The international treaties refer exclusively to ‘driving permits’, so a ‘driving permit’ is a ‘driving licence’ is a ‘driving permit’. Indonesian does not have as many words as English, so there is only ‘surat izin mengemudi’, or SIM, which means ‘letter of permission to drive’, which is equivalent to both ‘driving licence’ and ‘driving permit’

Insofar as ‘International Driving Permits’ are documents issued pursuant to international treaties, it is usual that only ‘International Driving Permit’, or IDP, is used to refer to an international driving licence. In some cases fraudsters may attempt to sell an ‘international driving licence’, which is something other than an IDP issued pursuant an international treaty.

International law relating to driving licences

There are three main international treaties on driving licences, each of which was declared to supersede the last, such that countries which ratified a later treaty will apply only that one, although they typically continue to accept older format IDPs.

• Paris 1926 Convention relative to Motor Traffic— not signed by The Netherlands. The 1926 treaty introduced the International Driving Permit as a one-year licence for drivers to drive in contracting countries
• Geneva 1949 Convention on Road Traffic, effective from 1952— signed by The Netherlands on 19 September 1949, however Indonesia declared independence since 1945. The Netherlands subsequently added Netherlands New Guinea as a territory under the Convention in 1955. NNG became part of Indonesia after 1962. Under the 1949 Convention, Geneva-compliant domestic driving licences could be accepted in any Geneva country, but signatories could also insist on an IDP in addition to the domestic licence. Indonesia sent a letter to the UN in 1956 further to the Geneva Convention provisionally recording the letters RI, but there is no suggestion that under the 1945-resumed-in-1959, the 1949 or 1950 constitutions that Indonesia ever considered itself party to this convention
• Vienna 1968 Convention on Road Traffic, effective from 1977 — signed by Indonesia but not ratified.

As per Article 45 of the Vienna Convention:

This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

On signing this Convention or on depositing its instrument of ratification or accession, each State shall notify the Secretary General of the distinguishing sign it has selected for display in international traffic on vehicles registered by it.

The ratification required by the Vienna Convention has never been done in Indonesian law. As per the resumed 1945 convention and the Presidential letter 2826/HK/1960, subsequently codified by the Law of International Treaties of UU 24/2000, the instrument of ratification of international treaties in Indonesia is done by Presidential Decision or by Statute Law (UU), depending on the effects of the law.

As such the Convention has never been ratified in Indonesia, as required by its terms. In fact, Indonesia of dozens of treaties signed by the President from 1960, most have never been ratified. The website https://treaty.kemlu.go.id/ confirms the list of treaties signed and ratified by Indonesia, which do not include Vienna, Geneva or Paris.

The validity of driving permits (licences) under the treaty is:

• a domestic driving permit (i.e. licence) in an official language of the country it is being used in, or if not in such a language, accompanied by a certified translation into such a language — valid under the 1968 original text and 1993 amendment only. No longer a valid option since the 2006 amendment, in force no later than 2011.
• any annex-6-compliant domestic permit (i.e. licence)
• any annex-7-compliant IDP along with (since the 2006 from 2011 amendment) a valid DDP

In ratifying the law, countries can refuse to accept any otherwise valid IDP or DDP belonging to a person who is not now and/or at the time of issue a resident of the issuing country.

The 2006 effective from 2011 amendment provide these additional requirements for the IDP:

• an IDP should not be valid for more than 3 years or the validity of the corresponding domestic licence
• an IDP should only be issued by a country to a holder of that country’s domestic driving permit , and only to residents of that country

An IDP under annex 7 must comply with these rules:

• have information in the national language of the issuing country, plus English, French, Russian and Spanish
• be A6 size booklet with grey cover, white pages, with this cover:

A domestic driving permit compliant with Annex 6 must minimally contain these data and be written in Latin characters or non-Latin with Latin transliteration:

1. Family name;
2. Given name, other names;
3. Date and place of birth;
4. (a) Date of issue;
   (b) Expiry date;
   (c) Name or stamp of the authority which issued the permit;
5. Number of the permit;
6. Photograph of the holder;
7. Signature of the holder;
8. Categories (subcategories) of vehicles for which the permit is valid, as per the codes of the IDP above;
9. Additional information or limitations for each category (subcategory) of vehicles in coded form.

Therefore the post-2011 consensus is:

1. IDPs no longer required, but countries must take steps to make their domestic licences compliant with international law, in which case the IDP is then valid in any Vienna country
2. IDPs are still issued by countries which have yet to make their licences compliant to Vienna
3. Although Vienna is considered to have superseded Paris and Geneva, some countries have not ratified Vienna and have ratified Paris or Geneva, so Paris or Geneva-compliant IDPs remain relevant for travel to those countries.

ASEAN Convention

The Agreement on the Recognition of Domestic Driving Licenses Issued by ASEAN Countries was ratified by instrument of Keputusan Presiden 58/1986, which was duly deposited with the Secretary General of ASEAN.

The ASEAN agreement provides that holders of ASEAN licences (Indonesia, Philippines, Brunei, Malaysia, Singapore, Thailand, Cambodia, Myanmar, Laos, Vietnam), may use their domestic licence in any other ASEAN country for a temporary visit, so long as the licence is in English, or they have a certified translation into English.

Indonesian law on recognition and issue of foreign driving licences and IDPs

The primary law UU LLAJ article 85 (4) says that foreign licences issued BY foreign countries may be valid in Indonesia and vice versa on the basis of international treaties. It also allows for the police to issue IDPs by 85(5)

It is necessary to refer to the separate Police Regulations to see the full effect of this law. Police Regulations are not supposed to contradict the authorizing UU, however they may do so in this case. The current law on driving licence issue is Regulation of Police 5/2021, since February 2021, replacing the regulation of 2012.

The regulation applies that a SIM Internasional is a SIM given to a person to drive outside of Indonesia.

It divides driving licences into three categories: private, public and international.

It then says that SIM Internasional issued in Indonesia is only valid overseas, and that SIM Internasional issued overseas is issued in indonesia on the basis of UN treaties and other international treaties.

There is a problem with paragraph 13 in that the Indonesian ratification of the 1985 ASEAN Driving Licence treaty makes any domestic ASEAN DDP valid in Indonesia on the basis of that treaty, whereas the wording refers to a SIM Internasional, which clearly is an IDP, not a DDP. In addition, the IDPs issued by Indonesia are issued pursuant to Vienna, which provides that DDPs are valid in foreign countries without IDP, Indonesia hasn’t in fact ratified that treaty. Furthermore, it seems that IDPs are accepted in Indonesia without the accompanying DDP, whereas in fact the valid documents should be DDP or DDP and IDP, never IDP alone.

It is worth noting that in the past the Indonesian Motor Organization were tasked by law with issuing IDPs, which were pursuant to Geneva 1949, but this role was taken by the police only from the 2012 Driving Licence Regulations and the 2010 Police fees regulations. For this reason it seems that there has been a difference of opinion between the police and the IMI as to which treaty to issue IDPs under (in reality, it should be neither, until there is a Keputusan Presiden ratifying the Vienna Convetion)

Disputes with the police over driving licence validity

It is common in Bali and some other parts of Indonesia to stop foreigners and issue fines for not having an IDP. Here we can note:

1. Indonesia has not ratified the treaty or made any provision to regulate the use of IDPs by foreigners who are Indonesian residents. Therefore if you have a valid (in-date) IDP, despite being an Indonesian resident, then you have reasonable grounds to complain.
2. DDPs (driving licences in other countries) are not valid because Indonesia has not ratified the convention, and makes no specific reference to accepting them directly in law. So if you are stopped and show a domestic driving licence, then you are in trouble.
3. Indonesian law doesn’t require you to show your foreign licence along with your IDP. It would be better to do so, but if you have been stopped for this reason again you can complain.
4. If you are stopped and given a 1 million rupiah fine for not having a valid licence, then if you go to court the actual fine will generally be lower.

Issue of driving licences in Indonesia

The types of SIM valid for a renewable period of 5 years are:

• SIM A — for private cars and private goods vehicles up to 3500kg. Age 17+
• SIM A umum — for public use; must have held SIM A for 12 months. Age 20+
• SIM BI — for private buses and goods vehicles over 3500kg — must have held SIM A for 12 months. Age 20+
• SIM BI umum— for public use, must have held SIM BI or SIM A umum licence for 12 months. Age 22+
• SIM BII — for heavy equipment, tow trucks, and for towing trailers over 1000kg must have held SIM BI for 12 months. Age 21+
• SIM BII umum — must have held SIM BII or SIM BI umum for 12 months. Age 23+
• SIM C — for motorcycles up to 250cc. Age 17+
• SIM CI — for motorcycles 250.01–500cc — must have SIM CI for 12 months. Age 18+.
• SIM CII- for motorcycles >500c — must have SIM CI for 12 months. Age 19+.
• SIM D — for special disabled persons vehicles similar to SIM C. Age 17+.
• SIM DI- for special disabled persons vehicles similar to SIM A. Age 17+.

SIM Internasional is valid for 3 years.

An expired SIM must be re-issued from scratch, but a non-expired one can be renewed.

The requirement for a SIM are:

• application form
• KTP for Indonesians or immigration documents for foreigners
• driver’s education certificate not more than 6 months’ old
• copy of work permit for foreigners who work in Indonesia
• biometrics in form of fingerprint/retina scan
• proof of payment
• a doctor’s inspection of eyesight, hearing and physical condition from a Polri-approved/appointed doctor, not more than 14 days old
• a psychologist’s inspection of cognitive and psychomotor abilities and personality from a Polri-approved/appointed psychologist, certificate not more than 6 months’ old
• an online theory test , minimum score 70 — for new SIM or increase in level. Available in Indonesian for Indonesians, English for foreigners
• a simulator test (where available), minimum score 70 — required for new SIMs other than D/DI, renewals of all SIM umum, SIM BI, BII, increases in level. Valid for six months.
• a practical test — for new tests and increases in level

With respect to foreigners, the regulation is poorly drafted based on copy/paste from old regulations, and says:

• passport and KITAP, or
• passport and diplomatic visa, plus diplomatic membership card for embassy staff/family, or
• passport and official visa or kartu izin tinggal sementara for expert workers or students in Indonesia

In fact there is no such thing as a kartu izin tinggal sementara — this should say izin tinggal terbatas. Since the article is very poorly drafted, it is not really clear what its intent is, especially given that ‘visas’ are irrelevant to people in Indonesia, who should instead talk of ‘izin tinggal’. It seems that therefore an Indonesian driving licence is therefore available in the case of:

• ITAS holder of any kind (not just those listed in the copy/pasted law)
• ITAP
• IT Dinas
• IT Diplomat

but not IT Kunungan (visit stay permit)

The reference to a visit card for foreigners not domiciled in Indonesia has been removed from the 2021 regulation as compared to 2012, however it might still in practice be possible for non-residents to get a driving licence by simply asking at the police administration centre.

Note also that a provision for 1-month tourist driving licence for Bali has long since been revoked, so any foreigners obtaining a driving licence must obtain a 5-year licence.

For Indonesian SIM holders wishing to obtain an IDP, it is done using scans/photos as follows via the website https://siminternasional.korlantas.polri.go.id/

• passport photo
• KTP
• SIM
• passport
• KITAP for foreigners (ITAS holders excluded)
• existing SIM internasional for renewals
• signature

Plus biometrics (fingerprint/retina) and proof of payment.

Note that certain countries, such as South Korea, will not accept Indonesian IDPs, on the basis that Indonesia is not a party to any treaty, while certain countries will accept any foreign licence for visitors, so given the basic legal shortcoming in Indonesia’s IDP, it may be best not to apply for one unless the legal position in the destination country for Indonesian IDPs is clear in law.

Driving licence fees

The fees applicable are set by PP 76/2020:

• A, BI, BII: 120,000rp new, 80,000rp renewals
• C, CI, CII: 100,000rp new, 75,000rp renewals
• D, DI: 50,000rp new, 30,000rp renewals
• Internasional: 250,000rp new, 225,000rp renewals

This includes the cost of the practical/theory/simulators.

There is an optional 30,000rp insurance fee. There is also the cost of the health and psychological inspections, typically around 40,000rp each.

It is possible to pay far more than these fees using an agent.

Application process

A SIM can be applied for via the Android/Iphone application. This requires a KTP. For foreigners, the application may fail, even though they have a KTP.

In this case or otherwise the application must be done to Samsat, which is to be found in the capital town of each regency, as well as in cities. (Samsat refers to the ‘one-stop shop for police administration’, and it is often housed at the Satlantas, which is the traffic police HQ. You can also organize car/motorcycle driving licences at Samsat.)