Citizens Can Refuse Police Searches Without a Warrant

Legal expert in criminal law from Trisakti University, Abdul Fickar Hadjar, has emphasised that searches conducted by police officers cannot be carried out legally without a clear warrant. He stated that citizens have the right to refuse if the police perform a search without showing official documents as the basis for the action in the field. “Yes, citizens may refuse if the police do not show their assignment letter,” Fickar told Kompas.com on Wednesday (22/4/2026). According to Abdul Fickar, the police cannot conduct searches arbitrarily, even if prompted by public reports. “The police must not recklessly search citizens’ vehicles or those of the public,” said Abdul Fickar. However, he added that public reports can indeed serve as the initial gateway for investigations. Nevertheless, such reports are not sufficient as the sole basis for coercive actions like searches. In the Daan Mogot case, a video had previously circulated showing several men in civilian clothes stopping a vehicle in the Cengkareng area, West Jakarta. The action temporarily caused tension between the driver and the officers in the field. Later, Grogol Petamburan Police Sector Chief AKP Reza Aditya confirmed that the men were police personnel following up on a public report regarding suspected drug transactions. “Indeed, they were from our personnel, receiving a report from the public that there was suspicion of a drug transaction,” said Reza. He explained that the vehicle had been under surveillance since entering the Cengkareng area before being intercepted in the Pesing area.