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Porn bill passed despite protests
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.
What's On
- Festival of India
10/29/2009 12/15/2009 Balai Kartini & Umar Ismail Hall, Jakarta
- Imagemakers of the Future: Photography exhibition
10/10/2009 11/30/2009 Alila Ubud Desa Melinggih Kelod Payangan, Gianyar 80572, Bali - Timeless Change
11/05/2009 12/07/2009 Ganesha Gallery, Four Seasons Hotel Jimbaran, Bali. - Choreography of Colours; Sardono W. Kusumo's first solo painting exhibition
11/12/2009 12/12/2009 vivi yip art room Annexe Ciputra World Marketing Gallery Jalan Prof Satrio Kav 11, Casablanca
R.Astari (not verified) — Fri, 10/31/2008 - 9:46pm
No respect for government. I know I must pay taxes, but if it's only to support this stupidity, then I dare say I don't pay with my heart (tdk ridho) - so the money's illegal in God's eyes (haram!)
No respect for hypocricy and hypocrites!!! Worst of all, they sell off a certain religious belief for politics.
Shame, disgrace, degression. If I walk all alone at night and one of the lecherous creeps want to rape me, I'll just kill them all. Self-defense is not murder. I don't even believe any laws in this country anymore.
Enough said.
Peter (not verified) — Fri, 10/31/2008 - 8:39pm
Anyway, pornography itself may be taboo, but apparently child porno is alive and well in Indonesia, witness the muslim cleric that married a 12 year old girl, and plans to marry a 7 and 9 year old as well. This isn't just child pornography, but also child abuse in the highest form. This whole thing is totally perverse and twisted!
As an Indonesian myself I agree with the other comment posted here in that the passing of the anti pornographic bill is a disgrace to the Indonesian government. Where are the intellectual in the governments now??
It's amusing to see the DPR wasting so much time on this crap with all the real problems (read widespread poverty, pollution, corruption and lack of law enforcement) our country has.
Rich people can get away with things like marrying a 12 years old child and to defiantly claim he will marry other two even younger children (beside shamelessly going on tv with a crate of money) because they claim their religion allows them to do so while my wife won't dare to wear her favorite clothes anymore for fear of being arrassed.
Congratulations to the honorable legislators who have successfully passed the anti-pornography bill. I believe you will also comply with the articles of the bill and in the future there will be no more sexual news or cases involving you.
I think the quotes taken from the posts above say it all really. Sure there must be some lines drawn on pornography somewhere just to protect the young innocent from abuse. However, it does appear that whilst a child of twelve is being protected from such via the Media, the same child is open to sexual abuse from her so-called husband,now he plans to marry a girls of nine and seven years old ?? Lets get the priorities right, a bikini is obscene off the beach but marriage and sex with chilren does not appear to be a problemg they are "married" first. That in reality should state BOUGHT FIRST.
In most countries in the world including South East Asia the latter would mean prison and watching for life.
Halim (not verified) — Fri, 10/31/2008 - 8:17pm
The thing like this makes the West think we are a backward country. I always have defended Indonesia when I was confronted with Indonesian affairs by non-Indonesians. But this is very, very difficult to defend. As a matter of fact, I will not defend this at all.
This bill has passed with the same type of 'consensus' that 'endorses' terrorism. People are just afraid to protest against bills such as this, just as they are to terrorism in the name of religion. They think protesting against this bill will make them bad muslims.
This bill is the epitome of mindless populism and we (the younger generation) have to cope with it.
This bill certainly will certainly NOT make sex more discussible or promote safe sex education.
Khadija (not verified) — Fri, 10/31/2008 - 8:16pm
I have lived in Indonesia (Aceh) for years and love your country and its people deeply. I have a little boy who is half Indonesian (I am Dutch with an Indonesian husband) and visit Indonesian as often as I can. But I have to say that I feel less and less welcome there. Even though I dress modestly and behave as the married woman that I am, I am met with increasing contempt in your country, every time I go there. (and not just in Aceh) And I am not the only one who feels this. Less and less "buleh" feel comfortable in Indonesia because the increasing influence of (fanatic) Islam. What a shame! The main reason I love Indonesia so much is because of its fun-loving, openminded, hospitable and beautiful people, no matter what religion they have! Please don't loose that virtue because it might be Indonia's biggest!
P.S. One more thing, that has always struck me as "funny": Never, in any one of the very many countries I have visited and lived in, have I caught so many men watching & reading porn as in Indonesia! I foresee a lot of them getting into deep trouble in the near future if they don't become more careful...
JJJ (not verified) — Fri, 10/31/2008 - 8:11pm
Indonesia is taking a big stap backwards in the time. Instead of making a real anti-pornography law to protect women and children from sexual exploration; and instead of making a real people-protection law that men can not marry children of 12 years old and Arabs can not marry a child in West Java for sexual pleasure coverings...no... they made this law that doesn't respect the traditions of Papua's, of Balinese, of tourism that Indonesia so badly need...
A big mistake in name of Allah or maybe better: A big mistake made by lawmakers telling they do it in the name of Allah.
Desrespect of other people is not the way to do so!
Sandra (not verified) — Fri, 10/31/2008 - 8:07pm
Beautiful and peaceful Indonesia was just dead! The "Taliban-like forces" now rules the country..! Sad, Good Bye!
Democratic person (not verified) — Fri, 10/31/2008 - 7:28pm
Dear readers, do you forget we live in a democratic country? Our representatives are elected directly by people. The bill was passed democratically by legitimate parties. Anyway let's view things clearly. The bill intends to bring a good thing for our society and future generation. As good citizens, we must support this good step. I don't see any relevancy of "mixing" the bill with issues such as worriness of the lost of creativity, art, film, etc. I hope the majority of our society are not too contaminated by the very negative side of foreign culture.
JAKARTA
Scorpio (not verified) — Fri, 10/31/2008 - 7:28pm
Indonesia Indonesia....
A headless decision by a self-declared secular state and obviously shrouded in the name of religion - food for thought indeed!!!
Another way of saying that enjoying your country's cultural diversity and one's personal freedom has no home in Indonesia, and neither will it be condoned to revel in artistic expressionism!
I had just started enjoying living in this country of yours - perhaps it's time to move on - to where I'll be allowed to be human...
One can only imagine what type of bill you will pass next!
So whilst your children are dying of malnutrition and starvation in NTT it must feel so good spending endless hours deliberating pure nonsense which the pornography bill surely is - and you call yourselves representatives of the Indonesian people??
You should be ashamed of yourselves!
Worried bule (not verified) — Fri, 10/31/2008 - 6:22pm
honestly i don't even have words for this idiocy. green light for thugs, the end of freedom for women and anybody that's creative, welcome to saudi indonesia.....
Rafiq Mahmood, Bogor (not verified) — Fri, 10/31/2008 - 6:09pm
Surely the law "violates moral ethics in the community" by giving carte blanche to the mob, as did the anti-Ahmadi decree. It violates itself.