Private Detective Services: Hunting for Evidence Amid Privacy and Legal Risks

JAKARTA, KOMPAS.com – Behind the clamour of marital affairs, business disputes, and missing persons cases, private detective services are now a choice for those needing quick answers.

These professional “spy” services are available to help clients prove suspicions through surveillance and silent data collection.

Although increasingly sought after, Trisakti University law expert Abdul Fickar Hadjar assesses that private detective activities remain vulnerable because they sit between the need for information and the risk of legal violations.

Fickar explains that, conceptually, the role of detectives is similar to investigators in seeking information.

However, unlike law enforcement officials, private detectives are not equipped with legal authority, so the methods used are informal and not legally binding.

When this function is carried out by private parties, all activities must be done voluntarily and must not violate applicable legal provisions.

“So if this function is shifted to the private realm, the detective carries out an investigative function that is voluntary, meaning no actions that violate the law are allowed,” said Fickar when contacted on Thursday (23/4/2026).

Fickar assesses that the risks are quite significant, given that the data-gathering process in the field is not always easy.

“Because of that, if the detective is good at finding data and conducting investigations, they are very likely to get trapped into actions that violate rules or someone’s human rights,” he said.

If this happens, private detectives not only risk ethically but also legally. They can face criminal sanctions or civil lawsuits from parties who feel harmed.

“Because of that, if it happens, the detective can also be positioned as a suspect committing a crime of legal violation,” he said.

Although they do not have a specific legal umbrella, private detective activities do not mean they are entirely without basis in legal practice.

Fickar explains that there is a mechanism that can be used, namely through the granting of power of attorney from the client to another party to carry out certain actions.

“In law, there is an institution called a power of attorney; a person can do anything authorised by someone, including investigating something in a detective manner, as long as it does not violate the law,” he clarified.

However, if the actions taken exceed the granted authority, the consequences can lead to legal sanctions.

According to him, society is thirsty for specific information that is not always accessible through official channels.

“Personally, there are families with problems where a wife or husband needs information about their partner’s activities,” said Adrianus when contacted on Thursday.

Meanwhile, in the business world, this service is used to gather information covertly, such as tracing the background of potential partners, assessing the profitability of potential creditors, and checking the competence of job candidates.

The variety of motives for using private detective services is also influenced by the limitations of public access to certain information through official routes.

“If it relates to matters suspected to be violations, in other words, not yet a reality, then institutions like the police are certainly not suitable,” he explained.