Entrusted Goods Not Returned: Embezzlement Article in the…

Entrusted Goods Not Returned: Embezzlement Article in the New Criminal Code & Penalties

Redaksi Literasi Hukum Indonesia

14 Feb 2026 · 10:35 14 February 2026 10:35 WIB 9 minutes reading time: 9 minutes 7 read

Goods entrusted or borrowed but not returned? See the explanation of embezzlement in the New Criminal Code: articles, conditions for light embezzlement, more severe forms due to employment relations, and notes if the perpetrator is family/partner.

Ilustrasi penjelasan pasal penggelapan dalam KUHP Baru terkait barang titipan yang tidak dikembalikan. (Source: AI Gemini, Redaksi Literasi Hukum Indonesia)

Question

I entrusted/loaned an item to someone (e.g., motorcycle/cellphone/laptop). Initially, things were fine, but after some time:

The item was not returned, and there are always excuses.
I suspect the item has been sold/pawned without permission.
I have chat evidence and witnesses who know that the item is indeed mine.

My questions are:

Can this be processed as embezzlement according to the New Criminal Code?
What is the legal threat?
Is there a difference if the person in possession of the item is an employee or someone who is paid to manage the item?
If the perpetrator is a family member/partner, can it be processed directly?

Brief Answer

Tap to expand the brief answer.

The case of “goods being held because you trust, then not being returned” can essentially lead to embezzlement, because the goods from the beginning were indeed in the possession of the perpetrator in a manner ‘not due to a criminal act’ (for example, because they were lent/entrusted), then later “changed” to be controlled as if they were their own.

In the New Criminal Code, embezzlement has several levels: ordinary embezzlement, minor embezzlement (small value and certain conditions), as well as a more severe form if it occurs due to employment/profession or because the perpetrator received the goods to be stored in a position of certain trust.

However, there is also a “trap that often makes people take the wrong step”: if the perpetrator is a husband/wife or close family, the prosecution mechanism can be different (can be unprosecuted or require a complaint). Therefore, before reporting, make sure you understand your relationship status with the perpetrator, and prepare minimal evidence so that the case does not stall at the initial stage.

Full Review

Thanks for your question. Read the full analysis below.

Table of Contents

What is Embezzlement, and Why Do "Custody/Loan" Cases Often End Up Here?
What is the Punishment for Embezzlement in the New Criminal Code? Here is the General Framework
Ordinary Embezzlement: If You Did Entrust/Loan the Item, and It Is Not Returned
Petty Embezzlement: If the Value is Small, Will the Perpetrator Only Be Fined?
If the Perpetrator is an Employee/Someone Paid to Manage the Goods: Why Can It Be More Severe?
Embezzlement in a "Forced" Trust Situation or in a Guardianship/Foundation Relationship: What Does It Mean?
If the Perpetrator is a Husband/Wife or Close Family: Can It Be Processed Immediately?
Practical Steps for Victims: Evidence to Collect and How to Report to Avoid Deadlock
Legal Basis (New Criminal Code)

Section 2/3: Ordinary Embezzlement: If You Did Entrust/Loan the Item, and It Is Not Returned

Ordinary Embezzlement: If You Did Entrust/Loan the Item, and It Is Not Returned

"Ordinary" embezzlement is the scenario that most often occurs in everyday life: You hand over an item because you trust (loan/entrust), then the perpetrator later takes control of the item unlawfully.

The key lies in two things that are often used as evidence: (1) the item belongs to you (or at least you have rights to the item), and (2) the item is in the perpetrator's possession not because of a criminal act (because you handed it over yourself). From there, investigators and prosecutors will see: when did the element of "possessing unlawfully" begin to appear—for example, refusing to return, disappearing, or transferring ownership.

At this point, the "expert opinion" that is relevant to include practically: in the crime of embezzlement, what is most sought after is not the drama of the argument, but rather the trace of a change of intent—from initially holding it because they were trusted, to treating the item as their own. Therefore, chats showing "yes, I'll return it later" and then "I don't want to", or evidence of the item being pawned, are often more valuable than a long narrative without evidence.

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Entrusted Goods Not Returned: Embezzlement Article in the New Criminal Code & Penalties

Ordinary Embezzlement: If You Did Entrust/Loan the Item, and It Is Not Returned

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