Recommendations (A/HRC/7/3/Add.7, para. 7292) Impunity 73. Torture should be defined and criminalized as a matter of priority and as a concrete demonstration of Indonesia‘s commitment to combat the problem, in accordance with articles 1 and 4 of the Convention against Torture, with penalties commensurate with the gravity of torture. Situation during visit Steps taken in previous years (A/HRC/13/39/Add.6 and A/HRC/16/52/Add.2) Non-governmental sources: By 2009 there was no legal provision containing a definition and prohibition of torture in line with the United Nations Convention against Torture (UNCAT). The draft bill Indonesia‘s Criminal Code to rectify these shortcomings is still referred only to ―maltreatment‖, pending. Similarly, no amendments have which lacked several elements of been made with regard to introducing the torture definition, such as the penalties which would be commensurate elements of purpose, mental pain to the gravity of the crime. Komnas or suffering, and agency. Draft HAM (the National Human Rights bills to rectify these shortcomings Commission) can take up individual had been considered for several complaints; however, it is only mandated years without being adopted; to formulate recommendations. The Criminal Code outlawing Government: The revision of the Penal inter alia the extraction of a Code is underway. The Ministry of Law confession stipulated a maximum and Human Rights, the Supreme Court, imprisonment of only four years; the Office of the Attorney General and Indonesia‘s domestic legal norms did not contain a definition of torture which was in line with the Convention of Torture; Law 39/1999 on Human Rights referred to the prohibition of torture, however lacks an effective mechanism for dealing with individual complaints since it was restricted to cases perpetrated as part of ―a broad and systematic attack against civilians‖. Information received in the reporting period Government: The Regulation of the Commander of the Indonesian National Armed Forces No. 73/IX/2012 from 20 September 2010 on Acts against Torture and Other Inhuman Treatment in Enforcing the Law in the Indonesian National Armed Forces defines torture (Article 1) and provides legal sanction on any violations to such acts (Article 12), as stipulated in the Indonesian Penal Code (Articles 351-355). Torture is equated with maltreatment which shall be punished with imprisonment ranging from 2 to 9 years. Such maltreatment is processed through the Public Court with the investigation by the Police, the prosecution by the Attorney and the trial by the District Court. the Indonesian Parliament are involved in drafting the bill to this effect which will include the definition of torture in accordance with the Convention against Torture. The review of the current system is a lengthy process and the bill will be adopted only when it is passed as a whole. A/HRC/19/61/Add.3 109 Torture, as stipulated in Article 1, section 4 of Law no. 39/1999 on Human Rights, is defined as ―every act conducted intentionally, which causes severe pain or suffering, whether physical or mental, in order to obtain confession or information from somebody or a third person, punishing him for an act he or a third person has committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any