The Relationship Between Kleptomania and Social Responsibility as a Citizen

Abstract

Kleptomania is generally understood clinically as an impulse control disorder as classified in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). However, an excessive focus on the pathological aspect creates a gap in the understanding of kleptomania in relation to the social responsibility and criminal liability of individuals as citizens. This study aims to analyze the capacity for social responsibility of kleptomaniacs and the construction of criminal liability in the Indonesian legal system. This study shows that kleptomaniacs, in principle, still have social obligations, but their capacity for criminal liability can be reduced if there is a significant impairment in impulse control and awareness of their actions. Therefore, the application of criminal law to kleptomaniacs cannot be equated with that of ordinary thieves but rather requires a proportionate approach through psychiatric assessment, medical rehabilitation, and restorative justice mechanisms. This approach is expected to maintain a balance between protecting the interests of society and restoring the sufferer as a legal subject.