Juridical Analysis of Criminal Acts of Theft Committed By Kleptomania

Theft is the taking of something which wholly or partly belongs to another person with the intention of possessing it unlawfully as regulated in Article 362 of the Criminal Code. Theft is generally not only carried out by normal people, but also by people who suffer from kleptomania. Kleptomania is a mental disorder in which sufferers cannot stop themselves from stealing. This research aims to determine criminal responsibility for theft committed by kleptomaniacs, to analyze the basis of the judge's considerations in applying Article 44 of the Criminal Code, and to analyze the application of Article 44 of the Criminal Code in the judge's decision Number 574/Pid .B/2019/PN.Dps. The method used in this research is a normative juridical method, with an approach to laws, cases and legal doctrine. The research results show that there is a dilemma in handling kleptomania cases, where the legal system must balance protection for society and fair treatment for people with mental disorders. The results of the research concluded that criminal acts of theft committed by people with kleptomania cannot be held responsible because their souls are disturbed so they are categorized as people who are not capable of taking partial responsibility, but only specifically for the act of stealing, while for other crimes they can still be held criminally responsible as proven by means of a post mortem et statement from a doctor (psychiatrist) so that the judge can order that the person be put in a mental hospital for a maximum of 1 year as a probationary period based on the judge's consideration in the trial regarding the facts and circumstances.