Legal Analysis of the Elements of the Criminal Act of Ordinary Theft in the National Criminal Code (Article 476) and Its Implications for Legal Certainty

Abstract

The crime of theft constitutes one of the most prevalent offenses against property, directly affecting public security and legal certainty. The reform of Indonesia's national criminal law, particularly through the regulation of Article 476 of the National Criminal Code, requires a comprehensive understanding of the elements of ordinary theft, including both objective and subjective aspects. However, in judicial practice, differing interpretations of these elements still occur, potentially leading to legal uncertainty and disparities in court decisions. This study aims to conduct a juridical analysis of the elements of ordinary theft as regulated under Article 476 of the National Criminal Code and to examine their implications for legal certainty in Indonesia's criminal justice system. The focus of the analysis is on the act of taking property, unlawful possession, and the existence of intent (dolus) as a basis for criminal liability. This research employs a normative legal approach by examining statutory regulations, court decisions, and doctrinal opinions of criminal law scholars. The results indicate that legal certainty in the application of Article 476 of the National Criminal Code largely depends on the consistency of judicial interpretation of the elements of theft. Misinterpretation of elements such as possession, intent, and the purpose of ownership may result in injustice and sentencing disparities. Furthermore, the principles of criminal responsibility in Islamic law, particularly the concepts of al-qaṣd and al-ahliyyah, align with the concept of men's reason in national criminal law. Therefore, the integration of juridical and moral values is expected to strengthen the legitimacy of criminal law and enhance legal certainty in handling theft cases.