Ombudsman explains difference between assault and torture in new Criminal Code
Jakarta (ANTARA) - The Indonesian Ombudsman (Ombudsman RI) has explained the difference between the criminal acts of assault and torture within the new Criminal Code (KUHP), following the emergence of a case involving the confinement of a woman in Bandung Regency.
Ombudsman RI’s Syafrida Rasahan stated in Jakarta on Tuesday that the difference between assault and torture lies in the perpetrator, the context of the act, and the objective of the crime.
According to Syafrida, assault under the Criminal Code is essentially an act intended to cause pain or injury to another person within the context of general criminal offences between individuals.
In contrast, torture is a specific criminal offence that occurs within the context of the abuse of authority by state officials or apparatus.
Conversely, assault generally refers to acts of violence occurring between individuals without the involvement of an abuse of power by state officials or apparatus.
Syaflida noted that the crime of torture is now specifically regulated under Article 530 of Law Number 1 of 2023 concerning the Criminal Code (KUHP). This provision adopts the substance of the Convention against Torture (CAT).
According to her, this regulation affirms that torture is a standalone criminal offence, distinct from assault, thereby providing a firmer legal basis to prosecute officials or public servants who abuse their authority.
Syafrida called on law enforcement agencies to handle cases professionally, objectively, transparently, and accountably to ensure justice, legal certainty, and benefits for the victims.
She also condemned the act of confinement that causes both physical and mental suffering, urging law enforcement to handle the matter professionally and transparently without unnecessary delays.
Previously, Hasan Sadikin Hospital (RSHS) Bandung stated that the condition of YTR (29), a victim of alleged severe assault and three-year confinement by her partner in Bandung Regency, is gradually improving after undergoing intensive care and is now in the recovery stage prior to surgery.