Police Cannot Search Citizens Arbitrarily; Must Carry a Search Warrant

JAKARTA, KOMPAS.com — A criminal law expert from Trisakti University, Abdul Fickar Hadjar, has emphasised that police cannot conduct searches arbitrarily without a valid search warrant. Fickar’s statement reflects on the case of a vehicle interception on Jalan Daan Mogot in Cengkareng, West Jakarta, which went viral on social media and drew public attention to the conduct of officers in the field. “Police must show a search warrant, whether from a superior or a court order,” said the criminal law expert from Trisakti University, Abdul Fickar Hadjar, when contacted by Kompas.com on Wednesday (22/4/2026). Officers cannot act solely on suspicion or public reports without clear legal administrative support. “Police must not arbitrarily search citizens’ vehicles,” Fickar stated. According to him, the search warrant is a crucial instrument demonstrating the legality of officers’ actions in the field. “Essentially, the search object must be linked to the occurrence of a criminal act based on other evidence, witnesses, documents, and leads under the Criminal Procedure Code,” Fickar explained. In the Daan Mogot case, a video circulated showing several men in civilian clothes stopping a vehicle in the Cengkareng area of West Jakarta. Later, Grogol Petamburan Police Chief AKP Reza Aditya confirmed that the men were police officers following up on a public report regarding suspected drug transactions. “Indeed, they were our personnel, receiving a report from the public suspecting a drug transaction,” Reza said. He explained that the vehicle had been under surveillance since entering the Cengkareng area before being intercepted in the Pesing area. However, the search was not carried out. According to Reza, the decision was made because the driver was deemed uncooperative and there was a minor in the vehicle.