NoJusticeInPain - Ending Torture as a Prerequisite for Justice

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Cooperation for the Prevention of Torture Press Release
Commemorating International Day in Support of Victims of Torture

“#NoJusticeInPain: Ending Torture as a Prerequisite for Justice” 

Jakarta, June 25, 2025 

 

In commemoration of the World Anti-Torture Day, officially called the International Day in Support of Victims of Torture, which falls every June 26, six state institutions that are members of the Cooperation for the Prevention of Torture (KuPP), namely the National Commission on Human Rights (Komnas HAM), the National Commission on Violence against Women (Komnas Perempuan), the Indonesian Child Protection Commission (KPAI), the Witness and Victim Protection Agency (LPSK), the Ombudsman of the Republic of Indonesia (ORI), and the National Commission on Disabilities (KND) reiterate their joint commitment to preventing and eliminating the practice of torture throughout Indonesia. 

This year's campaign theme, “Indonesia without Torture: #NoJusticeInPain,” emphasizes that justice cannot be built on suffering. Torture is not only a violation of human rights but also undermines the foundations of public trust in the legal system, security, and justice. In this context, the Cooperation for the Prevention of Torture urges the state to ensure that all law enforcement institutions and correctional facilities are free from torture, violence, or other degrading treatment. 

The Cooperation for the Prevention of Torture emphasizes that preventing torture can only be achieved through comprehensive and sustainable measures, especially ensuring transparency and independent oversight — including providing oversight bodies with access to places of detention or similar detention-like facilities — as well as firm law enforcement against perpetrators of torture. Moreover, the state is also obliged to guarantee recovery and protection for victims by providing psychological services and legal assistance, promoting human rights education and training for law enforcement officials, as well as strengthening active community participation in monitoring and reporting various forms of violations. 

Furthermore, the six institutions that are members of the Cooperation for the Prevention of Torture share their highlights, findings, and recommendations based on their respective mandates, as part of their shared commitment to preventing and eliminating the practice of torture, as follows: 

 

National Commission on Human Rights (Komnas HAM): Torture Practices Still Occur Frequently 

During 2024, Komnas HAM received 17 complaints related to torture. This increased the number of complaints since 2020 to 282. Individual victims, detainees, and members of the public are suspected victims of torture. Several cases of torture were found in situations involving internally displaced persons (IDPs), religious minorities, refugees, natural resource conflicts, femicide, victims of trafficking in persons, and persons affected by leprosy. 

The reported incidents were spread across almost all regions of Indonesia, but the most reported cases occurred in North Sumatra (47 complaints), Jakarta (25 complaints), South Sumatra (21 complaints), West Sumatra (19 complaints), and Central Java (18 complaints). Alleged violations of the right to security were the most common among the incidents reported to Komnas HAM, with 152 complaints (total period), followed by the right to justice (74 complaints), and the right to life (52 complaints). 

As for  these complaints, the Indonesian National Police (POLRI) received the most complaints regarding alleged torture (15 complaints in 2024, with a total of 176 complaints from 2020–2024), followed by the Indonesian Military (TNI) (2 cases for a total of 15 cases), and correctional institutions/detention centers (10 cases). 

Komnas HAM continues to pay attention to allegations and reports of violence and/or torture committed by officers in the period of 2020-2024.] Allegations of loss of life or abuse by officers are the highest incidents reported to Komnas HAM in the issue of Torture (72 cases). In addition, violence against detainees and/or prisoners still occurs frequently and in the typology of actions of torture are the second highest incidents reported (61 cases), followed by interrogations during the examination stage, which are suspected of still using torture (58 cases)

Throughout 2025, Komnas HAM Chairperson Anis Hidayah still identified several areas requiring improvement, including overcrowding in detention facilities, inadequate legal assistance, and sexual violence against women detainees by state officials, who are supposed to be responsible for protecting, fulfilling, and respecting the human rights of their citizens. 

Therefore, Komnas HAM recommends a comprehensive program to improve human rights awareness among law enforcement officials, including police, prosecutors, judges, and other officials responsible for guarding detention centers and other detention-like facilities. 

Komnas HAM reiterates the role and responsibility of the State as a State Party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) to ensure that acts of torture are regulated by criminal law. The State must take legislative, administrative, legal, and other effective measures to prevent torture. The State must also systematically monitor regulations related to the potential for torture, such as interrogation methods and practices, detention, and other forms of regulation. Every form of torture must be punished appropriately and victims must be guaranteed fair and adequate compensation, of which cannot be reduced. 

To this end, Komnas HAM is pushing for concrete steps from the government, such as strengthening internal and external oversight of law enforcement officials, reforming education and training for law enforcement officers with a human rights perspective, and ratifying the Anti-Torture Bill, which has not yet been a legislative priority. Furthermore, it is crucial to open up space for civil society’s participation in monitoring and advocating for the elimination of torture in Indonesia. 

 

National Commission on Violence Against Women (Komnas Perempuan): Highlighting Sexual Torture and Sexual Violence by Officials 

Komnas Perempuan pays special attention to cruel, inhuman, or degrading punishments or treatment, making this issue a priority. Komnas Perempuan 's Annual Notes on Violence against Women (CATAHU) recorded 13 cases of sexual torture in 2024, and found practices of violence, as well as physical and verbal harassment of sexual nature during arrests, investigations, and detentions by law enforcement officials. 

During a mass demonstration commemorating International Workers’ Day on May 1, 2025, authorities were recorded engaging in verbal and physical sexual harassment against women students who were expressing their opinions. Instances of threats and intimidation of women’s rights defenders expressing their opinions on the National Strategic Projects (PSN) in Merauke and Mandalika were also reported to Komnas Perempuan. 

“If left unchecked, cruel, inhuman, and degrading treatment will create a conducive environment for torture practices,” stressed Sondang Frishka, Commissioner of Komnas Perempuan. 

“Sexual torture is a very serious form of gender-based violence and cannot be tolerated in a state governed by the rule of law that upholds human rights. The State is obligated to intervene to end impunity, expose torture, and ensure that law enforcement institutions do not become perpetrators of human rights violations against women,” added Sondang. 

 

Indonesian Child Protection Commission (KPAI): Revictimization of Children is Invisible Torture 

KPAI highlights the phenomenon of child revictimization, which refers to the repetition of the victim’s suffering or trauma, whether direct, systemic, or internal. This is a form of abuse that is often invisible but has a profoundly long-lasting impact on the child’s life. 

“Revictimization occurs when a child is not only the victim of physical violence but is also confronted with an unfair system. For example, repeated interrogations, face-to-face encounters with the perpetrator, and social stigma that makes the child feel guilty for the violence they experienced,” said Dian Sasmita, Commissioner of KPAI. 

From 2023 to March 2025, KPAI recorded at least eight cases of child abuse by officers, nine cases of sexual violence by police officers, and four cases by public officials. KPAI remarks that this data is just the tip of the iceberg of child abuse practices that often escape public attention and the justice system. 

KPAI underlines that prevention of child abuse must start from: (1) A legal system that is sensitive to children, with special training for officers; (2) Integrated services and ongoing rehabilitation, so that children recover not only physically but also psychologically and socially; (3) The active role of families, communities, and schools in detecting and preventing violence; (4) Media involvement to educate the public without cornering victims. 

“There is no justice in pain. The state must not allow any child to be subjected to torture, whether direct or systemic. In a state governed by the rule of law, every child has the right to live in safety, free from violence, and to grow up in an environment that protects their rights,” Dian asserted. 

The Indonesian Child Protection Commission (KPAI) calls on all parties, including the government, law enforcement officials, service institutions, the public, and the media, to work together to establish a strong, integrated, and victim-centered protection system. 

“Torture against children is a gross human rights violation. It's time to end impunity and build a protection ecosystem that prevents revictimization,” Dian concluded. 

 

National Commission on Disabilities (KND): Persons with Disabilities Face High Risk of Torture in Legal Process 

KND stated that rehabilitation processes for persons with disabilities often place them in detention-like situations, shackle them, and delay their justice due to law enforcement officials’ lack of understanding of how to handle persons with disabilities in conflict with the law. This situation leaves persons with disabilities vulnerable to multiple abuses and torture based on their disability. 

“The state and its representatives must understand the various barriers to disability, so that the handling of persons with disabilities is in accordance with human rights principles," affirmed KND Commissioner Jonna Aman Damanik. 

 

Witness and Victim Protection Agency (LPSK): Protection and Recovery for Torture Victims Must Be Provided Early 

The Deputy Chairperson of LPSK, Susilaningtias, stressed that protection and rehabilitation efforts for torture victims must be implemented as quickly and as early as possible. This is necessary because it is related to the individual’s physical and psychological condition. Likewise, it is crucial for witnesses involved in torture cases to be protected from the onset of the case. 

Protection requests to the LPSK related to torture crimes increased significantly in 2024, reaching 204%, from 24 requests in 2023 to 73 requests the following year. Meanwhile, protection was granted to 49 witnesses and/or victims of torture cases. This figure has also increased since 2023, where there were only 10 individuals, predominantly of whom were witnesses.] 

“The state is obliged to guarantee recovery and protection for victims by providing psychological services and legal aid, encouraging human rights education and training for law enforcement officers, as well as strengthening active public participation in monitoring and reporting various forms of violations,” claimed Susilaningtias. 

In implementing its mandate, one form of LPSK protection is the fulfillment of procedural rights for witnesses and/or victims, in the form of assistance from LPSK when witnesses and/or victims provide information at each stage of the legal process. 

Lack of public awareness and courage to report incidents of torture pose challenges related to the number of requests to the LPSK for protection. Moreover, intimidation directed at victims’ families to discourage them from pursuing legal action is also a common occurrence, leaving most victims resigned to the aftermath of their experiences. Based on these experiences and the challenges faced, a shared understanding of torture is needed across all parties. 

Furthermore, a presidential decree or regulation is needed to ensure prevention efforts against torture, rehabilitation programs for torture victims, as well as specific regulations for handling torture cases, taking into account victims’ rights and social impacts. This is so that if torture is committed by individuals at the regional level, the case can be transferred to one or two higher levels, thereby minimizing conflicts of interest. 

Another important point to note is that the new Criminal Code (KUHP) will come into effect next year. One of its articles stipulates torture as a criminal offense. However, investigators, law enforcement officers, and/or other state officials are yet to fully understand this.  

“The practice of torture during investigations to obtain information from perpetrators of crimes still frequently occurs. Through criminal scientific investigation methods, a joint effort is needed to strengthen the perspective and methods of obtaining information during investigations without resorting to torture”. Susilaningtias continued, adding that greater efforts are needed from various parties to raise awareness about the crime of torture, which will be implemented in the new Criminal Code in 2026.  

 

The Ombudsman of the Republic of Indonesia (ORI): Torture Is Not Just Maladministration, But a Serious Human Rights Crime 

Meanwhile, according to ORI, acts of torture or cruel, inhuman, or degrading punishment or treatment committed by or with the knowledge of law enforcement officials are not merely acts of “maladministration,” but are a serious violation of the law and human rights. Those facing the law, whether as suspects, defendants, or convicts, retain their fundamental rights to be treated humanely and to have their dignity respected. 

The Coordinating Minister for Political and Security Affairs, the Coordinating Minister for Law, Human Rights, Immigration, and Corrections, the Chief of Police, the Attorney General, the Commander of the Indonesian Military, the Minister of Immigration and Corrections, the Minister of Human Rights, the Minister of Law, and all heads of ministries and institutions must demonstrate concrete and serious steps in preventing torture and cruel, inhuman, or degrading treatment or punishment. The Chief of Police must be able to ensure that his staff, especially investigators, abandon old methods that are no longer relevant (and violate human rights) in uncovering a crime. Pursuing a “confession” from a suspect with violence/torture is a “culture of the past” that demeans the dignity of law enforcement institutions. It also does not produce reliable results, can undermine data collection efforts/subsequent examinations, and can encourage suspects to say whatever they think investigators want to hear. Ultimately, it leads to injustice or a “perverted trial.” 

Therefore, firm action from the Public Prosecutor and the Court is needed to punish perpetrators of torture and cruel treatment to the fullest extent especially when committed by law enforcement officers. The legal process against them must be transparent and accountable. It is time for law enforcement institutions to “cleanse” themselves of law enforcement officers who taint their image. 

From a complaint management perspective, all law enforcement agencies that deprive individuals of their liberty due to legal issues are required to provide the widest possible access for them, their families, and the community to submit complaints and reports to supervisory bodies/agencies, both internal and external, including ORI. The National Police’s Internal Affairs Division (Propam) must be bold and firm in taking action against its members who commit violations, especially those that could be categorized as torture or cruel, inhuman, or degrading treatment or punishment. Complaints of violence by officers must be followed up professionally and in accordance with a sense of justice. 

ORI awaits the emergence of a “new face” of law enforcement that is fair, transparent, and free from acts of torture, or cruel, inhuman, or degrading treatment or punishment. Twenty-seven years of waiting for consistent implementation of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is  more than enough. 

In addition, ORI urges the government to immediately realize the establishment of the National Preventive Mechanism (NPM) and to ratify the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), so that measures to prevent torture can be clearer, stronger, and more impactful. 

Finally, the Cooperation for the Prevention of Torture invites all stakeholders — government, civil society, academics, media, and individual citizens — to participate in the “Indonesia Without Torture” campaign. Stop the practice of torture at all levels. Because there is no justice in pain. 

 

Contact Person: Elsa Faturahmah (081389371400)

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