If You Lose Items Due to Theft: What is the Perpetrator's Punishment in the New Criminal Code?

By Redaksi Literasi Hukum Indonesia

13 Feb 2026 00:00 WIB 13 February 2026 00:00 WIB 8 minutes reading time: 8 minutes 3 read

Updated: 13 Feb 2026 18:08 WIB 13 February 2026 18:08 WIB

Theft victims often ask: what is the potential sentence for the perpetrator? Understand the differences between ordinary theft, petty theft, aggravated theft, and snatching/robbery according to the New Criminal Code, complete with category fines.

Ilustrasi penjelasan ancaman pidana bagi pelaku pencurian sesuai KUHP Baru. (Source: AI Gemini, Redaksi Literasi Hukum Indonesia)

Question

I lost an item because it was stolen. The value is not very large, but I am disturbed and want to take legal action to create a deterrent effect. My question:

If the perpetrator is caught, what is the criminal penalty according to the New Criminal Code?
What is the difference between ordinary theft, petty theft, and aggravated theft?
If the perpetrator threatens or shoves while escaping, does that fall under a different article?
If the stolen item is a tool of work/source of livelihood (e.g., an motorcycle taxi or work laptop), is the penalty more severe?

Brief Answer

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In general, theft under the new Criminal Code can be punished with imprisonment of up to 5 years or a fine (within certain categories). However, if the theft is committed under aggravating circumstances—for example, committed jointly, breaking/damaging to enter, committed at night in a house, or during a disaster/riot—the threat can increase to 7 years, even 9 years in certain combinations. If the theft is committed with violence or threats of violence (which is often referred to as snatching/highway robbery in the field), the basic threat can be 9 years, and can increase to 12 years, 15 years, up to 20 years/life imprisonment/death penalty in the most severe situations (for example, the victim is seriously injured/dies and there are other aggravating factors). For small-value cases under certain conditions, the Criminal Code recognizes petty theft which tends to result in a fine, but this still does not mean that it "cannot be processed."

Full Review

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Table of Contents

How to Read “What is the Punishment” in the New Criminal Code (So You Don't Misunderstand)
Ordinary Theft: If Your Goods Are Taken Without Violence, What is the Maximum Threat?
Petty Theft: If the Value of the Goods is Small, Will the Perpetrator Only Be Fined?
Theft with Aggravating Circumstances: When Does the Threat Increase to 7–9 Years?
Snatching/Mugging: If There is a Threat, Push, or Violence, the Threat of Criminal Sanctions Can Be Much More Severe
How to Read Category Fines in the New Criminal Code (So Readers Don't Get Confused)
Practical Steps for Victims: What Should Be Done After a Theft?

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Legal Literacy - Many people are newly searching for articles on theft not because of "legal curiosity," but becausethey have just lost something: a wallet disappears in a crowd, a cellphone is lost in a cafe, a motorcycle vanishes in a parking lot, or groceries are taken from a minimarket.

The problem is, when you ask around or search the internet, the answers are often contradictory: some say "only a fine," some say "up to 9 years," some say "if it's small, it won't be processed." In fact, in the New Criminal Code, theft is tiered—depending on the modus operandi, the location, the way the perpetrator acts, and the impact.

How to Read “What is the Punishment” in the New Criminal Code (So You Don't Misunderstand)

The first thing to understand: the number written in the article (for example, “a maximum of 5 years”) is the maximum limit, not an automatic verdict. So, don't imagine that every thief is immediately “sentenced to 5 years.” Court decisions still consider many factors: how it was done, intent, consequences for the victim, value of the goods, and the perpetrator's attitude after the incident.

At this point, the most relevant “expert opinion” for the general public is the principle of proportionality of punishment. In modern criminal policy, punishment is not just about “revenge,” but also considers prevention, recovery, and social impact. Therefore, two theft cases that look similar can end differently if the context is different.

The second thing: the New Criminal Code uses a categorical finesystem. This is not a style of “making it complicated,” but rather to make fines more consistent and easily adjusted to economic conditions. That is, when you read “category II fine,” there is a rupiah figure—and that helps the reader because it is more concrete.