Abdul Khalik , The Jakarta Post , Jakarta | Fri, 10/31/2008 8:00 AM | Headlines
MORALITY OR POLITICS: Members of the Indonesian Democratic Party of Struggle (PDI-P) and Prosperous Peace Party (FDS), who opposed the controversial bill, leave the assembly room before the vote. (JP/R. Berto Wedhatama)
The House of Representatives on Thursday passed the contentious anti-pornography bill, defying months of protest from artists, pluralists and human rights groups.
Two of 10 factions in the House, the Indonesian Democratic Party of Struggle (PDI-P) and the Prosperous Peace Party (PDS), boycotted a plenary session to endorse the modified bill that criminalizes all works and acts deemed obscene and capable of breaching public morality.
The passage of the bill was quickly slammed by human rights and pluralist organizations, as well as several provinces opposed to it.
They claim the law threatens national unity, discriminates against minority groups and women, and harms pluralism and diversity in the country.
Just minutes after the plenary session opened, PDI-P and PDS legislators interrupted the forum and subsequently walked out of the House in protest at the bill.
Also boycotting the session were two Balinese legislators from the Golkar Party, Lisnawati Karna and Gede Sumarjaya Linggih. They each interrupted the meeting and walked out of the room while their party read out its approval of the bill.
“We agree we must protect our nation from pornography, but we can’t accept the substance of this bill. Thus we are not responsible for it,” PDI-P faction chairman Tjahjo Kumolo said after leaving the session.
Carol Daniel Kadang of the PDS said the House was in too much of a hurry to pass the bill and that procedurally it should have consulted first with each province rejecting the bill.
Women in Muslim attire cheer shortly after members of the House of Representatives vote by an overwhelming majority to pass the anti-pornography bill during a plenary session in Jakarta on Thursday. (JP/R. Berto Wedhatama)
Hundreds of spectators, mainly supporters of the bill, gave the session an air of religious fervor. Along with several legislators, they clapped and shouted “Allahu Akbar” (God is great), each time a legislator voiced support for the passage of the bill.
As House Speaker Agung Laksono banged his gavel to officially pass the bill into law, they clapped and shouted even louder.
“This is what we need to fight pornography. This law will complete our legal system to protect us from pornographic materials,” Religious Affairs Minister Maftuh Basyuni said.
People’s Consultative Assembly chairman Hidayat Nur Wahid, a member of the Islamic-based Prosperous Justice Party (PKS) that championed the bill, said the law would not discriminate against any section of society.
Nor will it spark violence, he added in all sincerity.
The bill’s opponents say its approval smacks of political machinations ahead of the 2009 elections, most likely to boost support among the predominantly Muslim voter base for the parties backing the bill.
“This (bill) only shows that the House and the government have politicized morality and religion and are just using them as a means of retaining power,” National Commission for Women’s Protection chairwoman Kamala Chandrakirana said in a statement.
Bali Governor Made Mangku Pastika and North Sulawesi Governor SH Sarundajang, ardent opponents of the bill, vowed to continue opposing the new law.
“We will continue opposing the porn law because this has been our stance from the very beginning,” Pastika told reporters in Denpasar.
Contentious articles in the porn bill:
1. Article 1: Definition
Pornography is drawings, sketches, illustrations, photographs, texts, voices, sound, moving pictures, animations, cartoons, poetry, conversations, gestures, or other forms of communicative messages through various kinds of media; and/or performances in front of the public, which may incite obscenity, sexual exploitation and/or violate moral ethics in the community.
Feared impact:
The definition is open to all kinds of interpretation, such as how to define gestures that incite obscenity or sexual exploitation, and will be subject to debate.
2. Articles 20-23: Public Participation
The public can play a role in preventing the production, distribution and use of pornography...by...(d) supervising people on the danger of pornography.
Feared impact:
This article could be used by certain groups to take the law into their own hands by attacking people they believe are violating the law.
3. Articles 8, 34, 36: Criminalization of victims
The articles threatens up to 10 years in prison or Rp 5 billion in fines for violators of the law.
Feared impact:
Artists or models in art shows or productions could be punished for their creativity.
Pandu Truhandito (not verified) — Thu, 03/19/2009 - 4:27pm
It's very controversial. It's not like I don't support any of this, but I do wonder how many percentage of those men (or even women) that were in support of this new bill will completely stop from watching/seeing anything that the porn bill defines as "pornography.
They talk about morality but do they walk the talk?
Antonio (not verified) — Fri, 11/14/2008 - 11:51am
I'm Antonio and I come from the Philippines! I am a BIG fan of your country and how it (largely) is a beacon of democracy and tolerance in the Islamic World. I visited the country twice, first time in Dec 2007 (Bali) then June 2008 (Jakarta, Bogor, and Bandung) and I greatly enjoyed it both times!
However I am getting a bit wary about the direction the country has been taking this past year, first with Ahmaddiyah being technically banned, and now THIS STUPID ANTI-PORN LAW! God knows what foreign tourists (current or future) would think now that this is almost a reality, especially those who are beach-bound. I sympathize strongly with the indigenous cultures who's practices may fall under attack by the increasingly bold radical minority.
Porn IS A FORM of artistic direction, provided it does not abuse the people involved in it. Instead of clamping down on so-called pornographic art work and literature, why don't they clamp down on pedophile clerics who marry underage girls for the use of attaining sex-slaves?! SBY, please grow a spine and know when to put your foot down by standing up to these spoiled radicals by NOT signing this bill! Your country's future depends on your ability to control the radical fringes. If you fail to do that, what you have been attempting to build will simply just crumble, like a sandcastle facing a tsunami.
Without knowing whether SBY would sign or veto the bill or etc, I sincerely HOPE the moderate, tolerant majority of Indonesians will see this law for the FARCE it is and flaut the bill and its provisions openly! And more power to the local govt units who strongly oppose such stupidity!
Indonesians, please stand up in unison and put these radicals in their places (at the backburner at the very least)! Don't loose the culture and society that I have come to love and appreciate.
John wilfred (not verified) — Fri, 11/07/2008 - 11:47am
what next to be banned?
smiling in public?
sorry that is already impossible since the fashion for burkas is in.
should ban music too?
ban all activities, that is better .
suarasksakti (not verified) — Fri, 11/07/2008 - 9:03am
It's too much to be worried about the passed bill. It's the way how the legislators alleviate their morality and public as well. We don't have to show all part or some part of our body if you want to be regarded as creative there are a lot of things which lead to to creative instead. Don't be narrow minded!!! but be creative without humiliating your dignity by showing your ...... Basically if your conscience disagree with the bill show your body to all the people around you... be naked.... be nude... show you have hidden for so long to anyone!!! The bill is good for you and all folks!!!
Marge (not verified) — Fri, 11/07/2008 - 7:05am
Pornography can be bad or good. It depends on how one uses it and the strength of their conscience & personalities. One can enjoy it and not harm anyone but instead uses it to enrich their own personal lives, in a caring & loving way. Obviously, pornography that depicts sexual violence &/or abuse must be prohibited.
By banning this & that, the extremists are actually fostering the growth & spread of sick perverts who are equally disgusted and fascinated by sex.
Amanda Maringka (not verified) — Thu, 11/06/2008 - 10:37am
I agree that porn needs to be controlled but we cannot say that porn is entirely bad. It is basically depended on people's way of thinking. Anything can turn out to be pornography if they are dirty minded, so i would have to say that it is extremely unreasonable for if this porn law will be applied in our country. I just simply cannot accept where we are forbidden to wear tops, and shorts. Do they even think how it will affect Indonesian tourism? can you even imagine us or foreigners going to Bali with Muslim attire?
EGP (not verified) — Thu, 11/06/2008 - 9:53am
It's a democracy.
There is no doubt if you are still have God, with or without that bill. Because we live in this world on HIS way.
Talitha (not verified) — Thu, 11/06/2008 - 9:08am
Do we think that using tank top and shorts are sexy? Basically it really depend on what we are thinking about. We also have to consider where we are going to use those kind of clothes. If you go to the beach, are you going to use jeans and long sleeves? Of course not. People will laugh at you. However, if we go to the church or mosque we are not be able to wear those clothes. So I could say that we should mind set our brain so that the porn bill doesn't need to be run.
Huw (not verified) — Wed, 11/05/2008 - 5:38pm
Quite apart from the potential abuse of this bill by government and fanatical citizens, the danger it poses to tradition and creativity and the bad precedent it sets, is there any evidence to support laws such as this as effective in reducing 'moral and societal decay'? On the contrary, unilateral, reactionary outlawing of scapegoats like pornography, alcohol and others, leads to a thriving black market which is much harder to police and monitor. It also misses the mark, ignoring the fundamental educational and societal issues which lie at the base of the issues it is trying to address.
Michelle Worth (not verified) — Mon, 11/03/2008 - 8:50pm
I'm going to give them a couple years.
Just a couple years to realize that they will have to make amends of what they have lost in that ''act'' to change their own country.
Indonesia is behind in these things. This act of referring 'bikini' as pornography is somewhat of an anti-future future. This act should have been passed many years ago, not when this era is the age of multimedia where from anything to anything can be passed on through the internet or even by ear. Yet trapping a lion in a cage will just de-tame it...making it even fiercer.
The minority in the vote, the women, artists, Balinese, pluralists, etc, will have an even stronger comeback. They are free-spirited, free-minded, and no legislative act will stop them. Take a look at heroes such as Guy Fawkes, Martin Luther King jr, Gandhi, who have one thing in common; no one will stop them. People like these become more stubborn and stronger and smarter as the world gets stronger.
And I'm going to give them a couple years.