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Porn law a 'dead document'
Abdul Khalik , The Jakarta Post , Jakarta | Tue, 11/04/2008 10:40 AM | National
NAKED ANIMOSITY: Papuans wearing traditional costumes rally in front of the House of Representatives on Monday. They said they rejected the anti-pornography law, which was passed by the House on Oct. 30. (JP/R. Berto Wedhatama)
It is unlikely the recently passed anti-pornography bill will be enacted in several provinces as top officials there have announced they will not enforce it, legal experts say.
Many provinces have declared they will not enact the bill, raising questions of whether a House law can be valid if it is not applied nationwide.
"How can we expect the law to be implemented when people and officials oppose it? Who's going to enforce it? It will end up as merely a dead document," constitutional law expert Irman Putra Sidin said.
At least four provinces -- Bali, North Sulawesi, Yogyakarta and West Papua -- have rejected the porn bill, with the predominantly Hindu island of Bali and the Christian province of North Sulawesi officially rejecting it.
They have said they will file a request for a legal review with the Constitutional Court. The bill was passed by the House of Representatives last Thursday.
Bali Governor Made Mangku Pastika and North Sulawesi Governor SH Sarundajang have said the new law will destroy Indonesia's unity and threaten cultural harmony.
Yogyakarta's community leaders have raised similar fears over the law.
Leaders of churches in West Papua rallied in front of the House on Monday, threatening to push for independence should the central government agree to enforce the law.
"Hereby, we announce that we reject the bill on pornography because it will harm our pluralism," Filep Mayor, secretary of the group representing 40 church communions in the mainly Christian province, said after meeting with House speaker Agung Laksono.
Filep said locals would "break away from Indonesia if the law is enforced".
Group chairman Andrikus Mofu said that should their demand not be heeded, they would take up the issue with an international forum.
"We will inform the international community of our aspiration and our intention to separate from Indonesia," he said.
Responding to the protest, Agung promised to follow up on the demands and urged the government to immediately offer clarity on some of the law's articles, which have been criticized as vague and misleading.
Irman, chairman of study forum the Indonesian Legal Round Table, criticized the bill's loose definition of pornography, saying it did not offer the public legal clarity.
The constitutional law expert called on the provinces to unite in calling on the Constitutional Court to annul the law.
"According to Article 28 (B) of the amended 1945 Constitution, legal definition must be clear, strict and definite. Previously, all loose definitions were revoked by the court. I am optimistic the court will do the same for this law," he said.
Irman said the provinces opposing the law could call on the President to delay passing the bill or annul it.
"The President can annul a law which is determined to threaten the country with disintegration and that is chronically protested against by regions," he said.
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Sentu (not verified) — Wed, 11/12/2008 - 10:12am
1. How the Pornography related Bill will help the people of Indonesia? Does it help the people to become more wealthy and more prosperous ? Does the Bill will help to create jobs for the unemployed people of Indonesia? Does this Bill will reduce the rate of rapping ? I think No. Rather the result of implication of this Bill will increase the rate of sexual harrasment to women.
2. Regarding Bali and other states, the Govt. shall not enforce any law against the will of the people of those places.Muslim law shall not be applied to the non-muslim people of Indonesia. Look to India which has taken an international seat of glowry and honour. The Hindu majority country has more Muslim in that country than that of the neighbouring Pakistan and Bangladesh. The Muslims of India are enjoying their many rules which are different than Hindu rules.The Govt. of India is never enforcing the minority to follw the same laws applicable to the majority. One of these rules is Marriage Rule or Marriage Law.
3.Indonesian Govt. can not force his minority to do any thing the Govt. wishes.It will violate the human right and will be a sin.
4.No country on this Globe becomes great and has taken an international chair of reputation and honour without showing respect to the others Faith and Right. Time has come to establish Indonesia in this world as an economically developped and prosperous country.
-Sentu
Indra (not verified) — Tue, 11/11/2008 - 11:27pm
To the local governments resisting the anti-pornography law... Bravo. It's about time we have a government with a real backbone with the interests of the population at large in mind. Perhaps the central government, especially the spineless SBY administration should take lesson from it.
However, a judicial review of this kind and any subsequent legislation revocation require an independent judiciary that is not politically motivated and are only interested in protecting entrenched rights enshrined in our constitution. Sadly, the non partisanship of our courts have been questionable in the light of them making politically-motivated rulings.
And as far as I'm concerned, I am a citizen of the Republic of Indonesia. My country is not Wannabe Wahabi Fiefdom of Indonesia. The spirit of my country is a plural Bhinneka Tunggal Ika, not uniformity under Arab Permeation. I am proud to come from a multilateral country.
Haji Purwoto (not verified) — Tue, 11/11/2008 - 5:12am
Porn-law that considered Islamic, is only a tool to deviate a lot of issues. One of those, is pedophilia through marriage. We need to address the pedophilia issues to the core rather than enforcing the porn-law that will harm the nation union. Look at the facts that wealthy older men ( Syeik Puji among them)are shielding themselves with the Islamic law to manipulate union between men and women to men and children. A legalize pedophilia practices is 21 century. What a shame !
Nairdah (not verified) — Mon, 11/10/2008 - 12:36pm
If the so-called 'Porn Bill' was directed at arresting an imagined 'decline in the morality of the nation', maybe the lawmakers could in future apply their imagination and their intelligence a little more.
The true decline in morality in this country is arguably not of a sexual nature but of a wider more 'in your face' kind that politicians seem blind to. If they opened their eyes and their minds to the real world they might see more urgent matters to be addressed.
How about a Bill to fight ignorance. It could be called the Education Bill.
How about a Bill to fight greed and corruption. It could be called the Poverty Eradication Bill.
A Bill to curb the addictive drug that kills hundreds of thousands of Indonesians every year. It could be called the Health(Tobacco)Bill.
None of these initiatives would require imagination to see the problem and each might attract universal support of Indonesian citizens and unite the country. That would be a true show of morality.
Fritz (not verified) — Sun, 11/09/2008 - 5:31pm
The anti-porn bill must be a welcome gift for muslim extremists such as FPI who need to justify their acts of terror. I predict that Indonesian tolerance will be completely replaced by Saudi style repression within the next ten years.
Donuts (not verified) — Sun, 11/09/2008 - 12:01pm
Seems like Fajarr here needs to educate himself more. This country is so full of undereducated people like this that you just can't help having the country going backwards!
When a small part of the country impose a law selfishly on the base of some religious interpretation, it will create a blast at some point that will result in the country's disintegration. And maybe the country disintegration is what is deserved by Indonesia after one failure after the other in combating poverty, exploitation of women, pollution, corruption and others that are too many to mention. But then what did the country choose to do? Pass a law that is far from relevance of what the country needs? There's absolutely no such concept of thinking critically for these people.
Whatever the consequences are for them... they should take those. A donkey does not fall into the same hole twice. These people in the house? They'll never learn any lesson like a donkey would.
Moh. Nafik (not verified) — Sun, 11/09/2008 - 9:44am
And another Ballard quote:
We believe in progress and the power of reason, but are haunted by the darker sides of human nature. We're obsessed with sex, but fear the sexual imagination and have to be protected by huge taboos.
Guru (not verified) — Sun, 11/09/2008 - 9:22am
This law is a trick by some politicians to cause divisive debate amongst the people of Indonesia to boost the selfish interests of a few political parties approaching election year. Once again self interest takes precedent over the good of this country that is in desparate need of real leadership. Unfortunately the majority of people in Indonesia don't realise how delicately balanced this country is and how it could easily slip into a more primitive existence.
Moh. Nafik (not verified) — Sun, 11/09/2008 - 9:13am
J.G. Ballard is quoted as saying:
[Attacks on pornography are] attacks on the sexual imagination itself: Morality covers our conduct, not what goes on inside our heads. [Observer, 1994]
Interesting? No?
Ngurah Putra (not verified) — Sun, 11/09/2008 - 4:42am
Laws are or should be made to protect the population. Unfortunatly the law makers all over the world are focusing on controlling their people. Laws against murder, rape, theft and the like are clear cut and necessary. A law against pornography is wholy based on opinion and emplemented to make everyone live like 'I' belive they should. "My" religion, "My" culture,"My" likes and dislikes should superseid those of all others. Indonesia has many diverse cultures and too many visitors with their own to try and make everyone confirm to one definition of what is proper. The great majority of woman in the world do not cover their hair. Many think nothing of going topless on the beach. Balinese woman ( who for many hundreds of years wnet topless as a matter of daily life) now wear the kebaya at ceremonies and the joged dance is just plain fun. As balinese I am against this law, it doesn't fit with balinese culture.