Criminal Liability For Perpetrators Of The Criminal Offense Of Theft With Aggravating Circumstances Based On Law Number 1 Of 2023 Concerning The Criminal Code

Abstract

Aggravated theft constitutes a crime against property that causes losses and public unrest, and its regulation has been reformed under Law Number 1 of 2023 on the Criminal Code. This study aims to analyze the form of criminal liability of perpetrators under the 2023 Criminal Code and to examine judicial considerations in Decision Number 421/Pid.B/2026/PN Mdn, using a normative juridical method with statutory and case approaches. The results indicate that criminal liability is imposed in the form of imprisonment or fines in accordance with Article 477 of the 2023 Criminal Code, provided that the elements of fault, capacity for responsibility, and the absence of grounds for justification or excuse are fulfilled. In the decision, the defendant was found legally and convincingly guilty of committing aggravated theft and was sentenced to 2 years and 6 months of imprisonment, with the judges’ considerations based on the fulfillment of the elements of Article 477 paragraph (1) letters e and f of the 2023 Criminal Code.