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All Journal Al-Jinayah: Jurnal Hukum Pidana Islam
Podungge, Fadel Maulana
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Law, Crime, Criminology & Criminal Justice

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The Authority of Vehicle Seizure by the Police in Traffic Tickets After the 2025 Criminal Procedure Code: Kewenangan Penyitaan Kendaraan Bermotor oleh Kepolisian dalam Tilang Pasca KUHAP 2025 Podungge, Fadel Maulana
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 12 No. 1 (2026): June 2026 (Forthcoming)
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2026.12.1.49-68

Abstract

This study aims to analyze the legality of seizing and detaining motor vehicles in traffic ticket enforcement and to reformulate police authority in a manner that prioritizes the protection of drivers’ rights and the principle of due process of law. This research employs a normative legal research method supported by an empirical approach through interviews with the public. The findings indicate that, normatively, the seizure of motor vehicles has a clear legal basis under the Criminal Procedure Code, the Road Traffic and Transportation Law, and related implementing regulations. However, in practice, there remains a gap between legal norms and their implementation, where seizure measures are often disproportionate, generate social and economic impacts, and potentially create opportunities for misconduct such as gratuities and weak evidence management. Therefore, a reformulation of police authority is necessary by positioning seizure as an ultimum remedium, applying the principle of proportionality, and strengthening supervision and accountability mechanisms.
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