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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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Section 2/3: Ordinary Theft: If Your Goods Are Taken Without Violence, What is the Maximum Th…

Ordinary Theft: If Your Goods Are Taken Without Violence, What is the Maximum Threat?

In its most general form, theft is when someone takes someone else's property with the intention of owning it unlawfully. This is the most common occurrence in cases of lost wallets, cellphones, helmets, or groceries—without any physical violence.

For “ordinary” theft, the New Criminal Code places the threat of criminal sanctions at the middle level: a maximum of 5 years in prison or a fine (specific category). For public education content, a safe sentence is: “ordinary theft can be punished with imprisonment of up to 5 years, but in practice it depends on the evidence and the judge's considerations.”

In the midst of this explanation, there is a point that criminal law experts often convey when educating the public: focus on the essence of the act—whether there has been a transfer of control of goods without rights. The modus operandi can evolve (including non-physical modes), but the essence remains the same: the victim loses control, the perpetrator takes the benefit.

By understanding this structure, it becomes easier for you to distinguish: is your case likely to be “ordinary theft,” or does it fall into a more serious category.