Legal Review of Criminalization of Aggravated Theft Based on Justice Values

Abstract

This research aims to analyze the application of criminal law to the offense of aggravated theft as regulated in Article 363 paragraph (1) point 4 of the Indonesian Criminal Code (KUHP), with a particular emphasis on the substantive justice aspect for offenders from lower socio-economic backgrounds. Cases such as theft of oil palm fruit by local residents around plantation areas often draw criticism for neglecting the social and economic context of the offenders. In this context, the study seeks to examine the extent to which criminal law is applied fairly by taking into account the values of humanity and social justice that live and develop within society. This study employs a normative juridical research method combined with a case study approach and supported by a conceptual approach to strengthen the analytical framework. The normative juridical method focuses on the examination of statutory regulations, legal doctrines, and relevant court decisions, while the case study approach is used to connect legal norms with their practical application in judicial decisions. The conceptual approach serves to construct a comprehensive understanding of the principles of criminal law, the doctrine of criminal responsibility, and the concept of substantive justice that underlies sentencing in aggravated theft cases. The findings reveal that aggravated theft constitutes a criminal offense requiring strict proof of both actus reus and mens rea elements in accordance with the principles of lex certa and lex stricta. In the a quo case, proof of the element of “joint participation” and the presence of valid evidence under the negative-wettelijk system becomes the primary basis for judges in rendering a fair verdict. A prison sentence of one year is considered proportionate if accompanied by a transparent explanation of the aggravating and mitigating factors. An ideal judgment should demonstrate coherence between facts, legal elements, principles, and the court's verdict, while also reflecting the values of al-'adālah (justice), al-maṣlaḥah (public interest), and al-karāmah (dignity). Furthermore, this research emphasizes the importance of considering the spirit of the 2023 Criminal Code reform, which aspires to prevent over-punishment and promote a more restorative and humanistic approach to sentencing. Thus, this study provides an academic contribution to the development of criminal law that is not only legally valid but also socially legitimate.