Komnas Perempuan issued a formal apology on Monday, June 29, 2026, regarding its earlier assessment that the three-year torture of a Bandung woman, identified as YTR, did not meet the United Nations’ definition of torture. The commission clarified that the case constitutes an extreme form of gender-based violence that resulted in permanent disability for the victim, and it remains committed to supporting the ongoing legal pursuit of justice.
Why the definition of torture caused public controversy
The controversy began on June 26, 2026, during an International Anti-Torture Day event at the Ombudsman’s office in Jakarta. Komisioner Sondang Frishka Simanjuntak stated that the case of YTR, who was held captive and abused by Taufik Hidayat, did not fall under the strict definition established by the UN Convention Against Torture (CAT).
According to Simanjuntak, the convention requires that acts of torture be perpetrated for specific purposes—such as obtaining a confession or practicing discrimination—and must involve state actors or state complicity. While acknowledging the victim suffered “severe pain,” the commission initially argued that the state’s involvement in the case required further investigation to meet the international legal threshold.
The definition of torture used by Komnas Perempuan references Law Number 5 of 1998, which ratified the UN Convention Against Torture. This law explicitly defines torture as acts committed by state officials or non-state actors operating with the state’s consent or acquiescence.
The revised stance on the YTR case
In a written statement, Vice Chair of Komnas Perempuan Ratna Batara Munti clarified that the initial remarks were strictly confined to the interpretation of the 1998 law. She emphasized that the commission never intended to downplay the severity of the violence inflicted upon YTR.
The commission now classifies the incident as an extreme, sadistic, and cruel form of gender-based violence that satisfies the criteria for “aggravated assault” under Indonesian criminal law. Komnas Perempuan noted that the victim suffered deep physical, psychological, and economic damage, and they are currently deploying a specialized team to Bandung to monitor the case.
The tension here highlights the gap between international human rights frameworks and domestic criminal prosecution. While the UN definition serves a specific purpose in holding governments accountable for state-sanctioned abuse, applying it to private criminal cases can create public friction. The commission’s pivot demonstrates the difficulty of balancing legal precision with the necessity of acknowledging the lived reality of victims.
What happens next in the legal proceedings
Komnas Perempuan has pledged to continue advocating for the victim’s recovery and the fulfillment of her rights. The commission is currently investigating whether there was any state negligence—such as failure by local authorities or law enforcement to intervene when the victim previously sought help—which could further complicate the legal proceedings.
Moving forward, the commission plans to provide support for the ongoing legal process against the perpetrator. They have also expressed support for local government, hospital staff, and community members who acted quickly to ensure the victim received necessary care.
Frequently Asked Questions
Why did Komnas Perempuan apologize?
The commission apologized for its previous statement regarding the YTR case, acknowledging that its focus on the technical definition of torture under the UN Convention caused public concern and did not adequately reflect the extreme nature of the violence experienced by the victim.
Is the YTR case now considered torture?
While the commission maintains that the case must be evaluated against the specific criteria of the UN Convention for international reporting purposes, it now formally classifies the act as an extreme, sadistic, and cruel form of gender-based violence that meets the criteria for aggravated assault under Indonesian law.
What is the next step for the commission?
Komnas Perempuan is deploying a team to Bandung to investigate the case further and determine if there was any state negligence, while simultaneously providing support for the victim’s recovery and the ongoing legal process.
How should legal institutions balance international treaty definitions with the need for immediate justice for victims of domestic violence?
