Beyond Impunity: Reconstructing Criminal Accountability for Torture by Law Enforcement Officials

Abstract

Torture committed by law enforcement officials remains a systemic problem within Indonesia’s criminal justice system, despite its explicit prohibition under the Constitution and various national and international human rights instruments. This condition reflects the state’s failure to ensure effective criminal accountability, thereby sustaining a culture of impunity that undermines the rule of law, human dignity, and substantive justice. This study addresses two main issues: (1) the legal and institutional barriers that hinder the enforcement of criminal responsibility against law enforcement officials who commit torture, and (2) the ideal legal formulation required to establish a more assertive and human rights–oriented framework of accountability. This research employs a normative juridical approach through the analysis of primary and secondary legal materials, including constitutional provisions, statutory regulations, international human rights norms, legal doctrines, and relevant judicial decisions. The analysis is conducted using a descriptive-qualitative method with conceptual and structural perspectives. The findings reveal that criminal accountability is constrained by regulatory ambiguity, the dominance of an individualistic paradigm in criminal law, weak oversight mechanisms, and the absence of normative recognition of institutional crimes. The non-application of doctrines such as command responsibility and strict liability further perpetuates impunity. Therefore, this study proposes a reconstruction of criminal accountability through the expansion of functional and structural liability, the recognition of law enforcement officials as special perpetrators, and the strengthening of victim protection and independent oversight. This reconstruction is essential to ensuring effective accountability and the protection of human rights.