Siniar Komnas Perempuan Episode 4 - Mengapa Penyiksaan terhadap Perempuan Masih Terus Terjadi?

Summary of Main Arguments and Key Points

• Episode theme and purpose: The discussion explores why torture and cruel, inhumane, degrading treatment of women continues to occur in Indonesia, in line with June 26 (International Day against Torture). The National Commission on Violence Against Women (Komnas Perempuan) seeks to deepen understanding and strengthen prevention efforts.

• What counts as “torture,” and how it differs from “violence”:

  • Torture is defined using the Anti-Torture Convention (adopted in 1984; Indonesia ratified in 1998).
  • Core elements of torture include:
    1. Severe suffering/pain, and
    2. A specific purpose, such as obtaining information, gaining recognition, coercion/threat, or discriminatory motives,
    3. Involvement/knowledge by the state, including actions by officials or acts tolerated with state knowledge.
  • Cruel, inhumane, degrading treatment may also apply even if the full “severe suffering” threshold is not met, as long as there is state/official involvement or knowledge.
  • The episode emphasizes: all torture is violence, but not all violence is torture—torture requires specific legal elements, particularly intent/purpose and state involvement.

• Torture against women often appears in “non-traditional” settings:

  • While many associate torture with interrogation rooms, prisons, or political conflict, Komnas Perempuan highlights that it can also occur:
    • At home
    • In community settings
    • In public spaces
  • Examples mentioned include:
    • Punitive “community justice”: after a couple is judged (often in quiet/night-time settings), they may be stripped (half-naked/naked) and paraded. The episode describes this as cruel and inhumane and argues that even if not directly run by the state, state apparatus often fails to prevent or respond.
    • Harmful cultural practices, such as FGM/C (female genital mutilation/cutting/injuring female genitalia), described as discriminatory and continued despite a lack of scientific medical benefits.

• Findings from Komnas Perempuan monitoring: gender-based torture in custody and institutions

  • The episode reports “countless examples” from monitoring in:
    • detention centers
    • prisons
    • rehabilitation institutions
    • social institutions
    • orphanages

  • These settings involve abusive treatment experienced by women, especially those in vulnerable groups.

  • Gender-based torture example: pregnancy and maternity rights in detention

    • Pregnant women are ignored, and maternity and health-related rights are not fulfilled, such as lack of support and medical check-ups.
    • This is framed as torture/cruel treatment linked to gender discrimination and women’s reproductive vulnerability.

  • Women with psychosocial disabilities in institutions

    • Reported degrading and abusive practices include:
      • public stripping/nudity
      • being bathed in public
      • use of harmful substances (described as carbolic acid)
      • electric shock
      • being tied down for days without humane treatment (e.g., without showers)

• Sexual torture and coercion in custody

  • The episode connects sexual violence to sexual torture in custodial settings in the context of the TPKS law (sexual violence legislation).
  • Examples include:
    • Sexual assault targeting sexual organs to force confession or for gratification.
    • Coercion of sexual services, such as demanding sex from a woman whose father is detained in exchange for his release.
    • Rape/sexual violence occurring in detention, described as still happening in Indonesia.

Main Factors Driving the Persistence of Torture Against Women

• Law–implementation gap: Indonesia ratified the Anti-Torture Convention in 1998, but the domestic definition and ability to criminalize torture aligned with international standards came much later (described as taking about 23–25 years). This delay contributed to normalized violence and intimidation.

• Insufficient punishment/impunity: Weak deterrence—including for law enforcement officers—helps abusive practices continue during arrest, detention, and rehabilitation.

• Patriarchal stigma and discrimination: Cultural beliefs that men are superior and women are “less legitimate” drive gender-based denial of rights (for example, ignoring pregnant detainees’ needs).

• Delayed justice in domestic/sexual violence cases: Victims who report violence may face counter-reporting or dismissal, with blame shifted to women (e.g., being framed as “not acting properly as wives”).

Legal Instruments Exist, But Technical and Capacity Problems Remain

• Protections discussed include:

  • The international anti-torture norm (jus cogens), meaning the right not to be tortured is non-derogable (cannot be suspended even during exceptional circumstances).
  • References to other international treaties (e.g., civil and political rights and disability protection).
  • Domestic human rights law and laws on sexual violence and migrant worker protection, described as reaffirming no tolerance for torture.

• Why implementation still fails:

  • Weak surveillance/monitoring (e.g., CCTV not working).
  • Reliance on violent interrogation methods, even though forensic/scientific evidence approaches are available.
  • Lack of training and understanding among personnel (e.g., staff who have worked for years stating they have never received training on torture prevention).

Presenters / Contributors

• Nika Friska
• Randiani Alita (member of Komnas Perempuan Working Group)
• Mrs. Sondang Friska Simanjuntak (Commissioner of Komnas Perempuan; Chair of the International Advocacy Subcommission for 2025–2030)