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Ronaldo died in police custody as a result of brutal torture; this fact was documented and accepted by the court. The responsible police officers were charged and sentenced, however, for "maltreatment until death," for which the maximum punishment under the Indonesian penal code is two years' imprisonment. This is a far cry from international standards, under which torture is a grave crime and liable for severe punishment. Indonesia can learn from other jurisdictions in the region: In Sri Lanka, the minimum punishment for torture is seven years' imprisonment, while in Hong Kong it is life imprisonment.
Under Indonesian law, the penalty for premeditated murder can be death or life in prison, while for murder it can be up to 15 years in prison. In Ronaldo's case however, the public prosecutor recommended the "maltreatment until death" sentence to the judges. In light of Indonesia's domestic law regarding murder, as well as its international obligations under the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, such a sentence is ridiculous. There can be no justification for treating torture leading to death as a lesser offence than murder. Moreover, crimes committed by law enforcement and state officials -- who are meant to uphold the law and protect citizens' rights -- must be given stricter punishment than those committed by civilians.
Ronaldo's case is only one among many. Torture is prevalent within the Indonesian police and military forces. Due to the impunity granted to these officers, as well as a complete lack of legal procedure to address this gross abuse, the stories of thousands of victims are unheard. The victims and their families suffer in silence.
Eight years after Indonesia became party to the Convention against Torture, it still has not introduced the obligatory domestic legislation criminalizing the practice of torture. The government's singular response to this absence of domestic law is that Indonesia's revised penal code will remove all legal loopholes. It forgets to mention, however, that this penal code has been under revision and discussion for the last 10 years. While this extraordinary amount of time may eventually result in a spectacular piece of legislation, in the meantime perpetrators continue to get away with grave abuses, while victims like Ronaldo and their families are left to pay the price of weak and inadequate laws.
The absence of legislation also means that Indonesia's prosecutors and judiciary are inadequately equipped to deal with torture and other human rights abuses. Neither the prosecutor nor the judges showed any sensitivity to the gross torture suffered by Ronaldo. By awarding such minor punishment to the responsible police officers, they indicated their indifference to the gravity of the crime.
It is high time that the entire legal process acknowledges torture as the heinous crime that international law stipulates it to be, and works toward eliminating it from domestic institutions. June 26 is the International Day in Support of Victims of Torture. How will the Indonesian government and civil society commemorate this day? The usual rhetoric of change and reform is far from enough. Indonesia would do better to reflect on concrete steps to prevent more Ronaldos from dying in police custody.
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(Philip Setunga is a staff member of the Asian Human Rights Commission in Hong Kong responsible for the organization's research on Indonesia. He has a doctorate in sociology.)
