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All Journal Lex Journal : Kajian Hukum dan Keadilan
Mesalwa Salsabila Disni
Universitas Islam Negeri Sumatera Utara, Indonesia
Law, Crime, Criminology & Criminal Justice

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Restricting the Meaning of “Other Actions” for Inquirers under Article 5 of Law No. 20 of 2025 on the Criminal Procedure Code as a Preventive Measure Against Case Fabrication: A Sadd Zari’ah Perspective Mesalwa Salsabila Disni; Akmaluddin Syahputra
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12836

Abstract

Article 5 of Law Number 20 of 2025 concerning the Criminal Procedure Code includes the phrase "other legally justifiable actions" regarding investigators' authority, creating room for discretion beyond their explicitly defined powers. Although this formulation is necessary to accommodate dynamic investigative needs, the absence of rigid boundaries engenders a potential for abuse of authority and case fabrication. This study aims to analyze the legal parameters of "other actions" within the investigators' authority and examine them through the concept of sadd al-dharī‘ah as a preventive approach against case fabrication. This normative legal research employs statutory, conceptual, and case approaches, with legal materials analyzed qualitatively using deductive reasoning. The findings indicate that "other actions" do not confer unlimited authority; rather, such measures must strictly align with investigative objectives, possess a clear legal basis, and be executed proportionally and responsibly. From the perspective of sadd al-dharī‘ah, these limitations serve as a crucial preventive mechanism to block any pathways leading to the adverse consequences of case fabrication. Consequently, the interpretation of "other actions" must be clearly delineated to ensure a balance between investigative flexibility, legal certainty, the protection of human rights, and substantive justice.
Co-Authors Akmaluddin Syahputra