Legal Analysis of the Regulation of Criminal Sanctions for Ordinary Theft According to the National Criminal Code Based on Justice Values

Abstract

This study examines the criminal sanctions for theft in the National Criminal Code, based on Law Number 1 of 2023, and the direction of its future development, based on the values of justice. The background to this research stems from the persistently high rate of theft in Indonesia and the need for criminal law reform to be more responsive, proportional, and oriented toward substantive justice. This research uses a normative legal research method with a statutory and conceptual approach. The legal sources consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively using descriptive-prescriptive methods. The research findings indicate that the National Criminal Code's criminal sanctions for ordinary theft have undergone significant reforms, leading to a more flexible, humane, and adaptive sentencing system. The strengthening of alternative punishments and the implementation of the ultimum remedium principle demonstrate a paradigm shift from retributive to corrective and restorative.