Retail theft presents a legal problem that extends beyond the loss of merchandise. A retailer may have a legitimate property claim while its response to suspected theft creates a separate violation of a customer's liberty, dignity, or personal data rights. This article examines the boundary between lawful loss prevention and private punishment in Indonesia after the criminal law reforms effective in 2026. It uses doctrinal legal research, combining statutory interpretation, a targeted literature review, and expressly hypothetical retail scenarios. The analysis connects the Criminal Code, the Criminal Procedure Code, consumer protection legislation, civil liability, and personal data protection. It finds that proof of theft does not itself authorize compulsory monetary penalties, prolonged confinement, or unrestricted publication of identifying footage. Consumer status requires a separate examination of the transaction, while general criminal and data protection safeguards remain relevant even when that status is disputed. The article proposes a sequential assessment of the evidence, the authority for each intervention, the freedom of any agreement, and the continuing necessity of information use. It also identifies a consequential tension between the five-year eligibility and exclusion provisions governing restorative justice. The proposed framework preserves legitimate recovery of proven losses while requiring independent assessment of misconduct committed during enforcement. Its contribution is an integrated framework for separating property recovery from the independent duties that govern retail enforcement.
No takes yet. Share an insight, caveat, or question.
Kadek Arizabrina Feby Tama Putri (2026) studied this question.
Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context: