Theft committed within a family constitutes a distinct category of property crime under Indonesian criminal law because it is treated as a complaint offense (delik aduan), allowing prosecution only upon the victim’s complaint. Indonesia’s transition from the colonial-era Criminal Code (KUHP) to the 2023 National Criminal Code (Law Number 1 of 2023), effective 2 January 2026, has revised the legal framework governing family theft, yet its implications for cases decided under the previous Code remain insufficiently examined. This study analyzes the regulation and sanctions for family theft under both the old and new Criminal Codes and examines the mechanisms available for resolving such cases, including restorative justice, as well as the factors influencing victims’ decisions to pursue formal prosecution. Using a normative-juridical method with statutory, conceptual, and case approaches, the research qualitatively analyzes legal materials through deductive descriptive analysis. The findings show that criminal liability and sanctions for family theft depend primarily on the familial relationship between the offender and the victim and on the victim’s decision to file a complaint. These principles are illustrated by Surabaya District Court Decision Number 497/Pid.B/2023/PN.Sby, in which the victim’s parents chose formal prosecution after the proceeds of the theft were used to purchase narcotics, demonstrating that restorative settlement may be considered inappropriate under certain circumstances. Although restorative justice remains an important mechanism for preserving family harmony, its application is discretionary and depends on the willingness of the parties and the seriousness of the underlying conduct.