Learning from the Daan Mogot Case in West Jakarta: Can Police Search Without Evidence?

JAKARTA, KOMPAS.com - The viral vehicle interception on Daan Mogot Road in Cengkareng, West Jakarta, has not only sparked debate about how authorities act. More than that, the incident raises fundamental questions: can police conduct a search without sufficient evidence? Criminal law expert from Trisakti University, Abdul Fickar Hadjar, emphasised that public reports can indeed serve as the initial gateway for investigations. However, such reports are not sufficient as the sole basis for coercive actions like searches. According to Abdul Fickar, there must be other supporting evidence indicating a connection between the object to be searched and the alleged criminal act. “The object to be searched must be linked to the occurrence of the criminal act based on other evidence, such as witnesses, documents, and leads in accordance with the KUHAP,” he said. He reiterated that searches cannot be conducted merely on suspicion alone. “Police must not arbitrarily search citizens’ vehicles,” Fickar stated. Fickar explained that in legal procedures, police are also required to show their assignment letter and search warrant. In the context of the viral case, Grogol Petamburan Police Chief AKP Reza Aditya confirmed that the plainclothes man who intercepted the vehicle was one of his officers. He said the action was taken following a public report regarding suspected drug transactions. “It was indeed from our personnel, receiving a report from the public suspecting a drug transaction,” Reza said. The incident began when the vehicle driver claimed to have felt followed since the Cengkareng area, before being intercepted under the Pesing flyover.