Porn law casts a shadow over human rights

Indah Setiawati and Ni Komang Erviani ,  The Jakarta Post ,  Jakarta, Denpasar   |  Wed, 12/10/2008 7:49 AM  |  Headlines

The newly enacted anti-pornography law threatens to further stain Indonesia’s already sullied human rights record, rights groups warn, as Bali prepares to spearhead national opposition to the law.

Activists have expressed deep disappointment in President Susilo Bambang Yudhoyono, who signed the much-criticized bill into law days before the celebration of World Human Rights Day, which falls every Dec. 10.

Ifdal Kassim, chairman of the National Commission for Human Rights (Komnas HAM), said the law, which would invade people’s privacy, could trigger human rights violations.

“It threatens the existence of minority groups such as homosexuals and transsexuals. It will further increase human rights violations in the future,” he told The Jakarta Post on Tuesday.

“The law will also create disharmony among the people. It will only spark suspicion among them.”

The Institute for Policy Research and Advocacy (Elsam) also raised concerns over possible rights violations increases stemming from the anti-pornography law.

“Some articles are not for the protection of human rights. There are loopholes that could be misinterpreted,” said Surpiyadi Widodo Eddyono, Elsam legal services coordinator.

He encouraged activists to propose a judicial review of the law by the Constitutional Court.

“Now is the right time for a judicial review, because the law has just been enacted by the President,” he said.

Local authorities and organizations in Bali expressed shock and dismay that Yudhoyono had enacted the law without considering stiff protests from groups across the country.

Bali Governor I Made Mangku Pastika earlier said his province would not adopt the law because it was not in line with Bali’s philosophical and social values.

Ngurah Harta, coordinator of the Bali People’s Component (KRB), said he would meet with other KRB members to discuss prompt legal action to have the law reviewed by the Constitutional Court.

“I really regret the President’s decision, because he did not accommodate the minority’s aspirations. We will try hard to finish the draft of our request for a judicial review. We hope the draft will be ready to be filed this week,” he said.

The KRB’s petition has received the Bali Legislative Council’s full endorsement.

Deputy council speaker I Gusti Ketut Adhiputra said the council would join the KRB in filing for a judicial review.

“Our stance is clear. Bali won’t be able to adopt the porn law because it restricts our cultural and religious lives,” he said.

Harta added if the judicial review did not work, the KRB would request the island become an autonomous province, in protest at the anti-pornography law.

“And if both options fail, we will encourage the people of Bali to unite in civil disobedience by not implementing the law here and not paying taxes. Our tax revenues have been spent on such an asinine law, so why should we pay?” he said.

Bali Sruti, an NGO dealing with women’s issues on the island, also called Yudhoyono’s move regrettable.

“We will endorse the realization of the judicial review of the porn law because the latter will clearly victimize women,” said activist Luh Putu Anggraeni.

Adianto P. Simamora from Jakarta contributed to the article.

Comments (27)  |   Post comment
A  |   A  |   A  |   Mail to a friend  |  Printer Friendly Version |  Digg it!  |  Add to Del.icio.us!  |  Add to Reddit!  |  Stumble it!   |  Share on facebook  

David, Jakarta (not verified) — Wed, 12/17/2008 - 1:27pm

Most Muslims that I have ever known have sufficient faith and moral fibre of their own to know the difference between right and wrong and to resist temptation.

Those who insist on blaming external factors for their own weaknesses are hardly deserving of our respect.

Kimdaeyong (not verified) — Wed, 12/17/2008 - 8:40am

To Dirk,

Amen! Well said. This only shows how little brain cells work in the Presidents brain. He was just so naive. I cant believe that a free democratic country could pass such a law that discriminates a portion of its population. Truly, the president was being held on the neck by these muslim lobbyists.

Dirk (not verified) — Sun, 12/14/2008 - 6:39pm

It is obvious that the legislators who wrote this law are not very well informed about sexual behaviour. If they knew more about sex, they would have realized that it is impossible to legislate virtue.

They have never heard about sexual fetishism, which is a fixation on an object or body part. They would be horrified to know that many men become sexually aroused by seeing a woman with a jilbab, like many men became sexually aroused when seeing catholic nuns during the sixties when they were still dressed like muslim women.

Also many men become sexually aroused when seeing women’s feet, and dream about fondling and kissing women’s feet.

There are so many fetishes, that it is impossible to put them into a law. Some examples : smoking fetish (seeing a woman smoking), amputee fetish (aroused by amputees), eye fetish (aroused by a type of eyes), ear fetish (aroused by a type of ears), shoe fetish, jilbab fetish, hand fetish, navel fetish, fat woman fetish, big ass woman fetish, etc

So even a completely covered up muslim woman can be sexually arousing.
I know men who are sexually aroused by seeing female ustadz on TV !

This is why it is completely ridiculous to try to make laws about sex.

In the year 1900 (in Europe) a photo of a woman showing her ankles was considered pornography.

In the same year 1900, showing ankles was accepted as normal in Indonesia.

It is obvious that the legislators only focus on the most common fetishes : breasts, genitals and navel. They forgot the other fetishes.

Josh (not verified) — Sat, 12/13/2008 - 1:25am

Joko Tangkir said "Let's imagine if the hardliners achieve their ultimate goal of imposing sharia laws all over the country.
What will happen?"

Joko, are you that simple minded to think that the government would just let that happen ? Even if the government would, the military won't and the hardline muslims know that. They know where the boundaries are drawn. Have you seen FPI members being arrested lately or Islam fundamentalist GAM rebellion being crushed ?? For anyone who suggest the government are blind to the minority's concern are simply ignoring the country's history of placing national unity above all. I think the critics are just paranoid because they're losing their ability to influnce the public with their sick and immoral social values. I looked at the way Inul dances and I feel ashamed of our country. Not even in so called "modern" western countries would you see someone so disrespectful of herself to dance like that.

Alan (not verified) — Fri, 12/12/2008 - 9:44am

Isach, the lawyers and parties reading the law in Papua and Bali are reading exactly the same document you keep on posting but are casting more of a legal mind over both it and it's implications than you seem to.

The vagueness and shoddy drafting (as a legal friend of mine said, a good legal student could draft a better law than this..it's a mess just from a legal point of view) aside from the assertion of a rather narrow and bigoted POV, is one of this bill's biggest weaknesses. It is a terrible piece of legislation that should have been thrown out. Thank you for linking to it as that reinforces this view.

Sadly, Indonesia (and I'm half Indonesian) is slipping further and further back into the abyss. It's increasingly regarded as backward and the sick old man of SEA. It's trying to make so claim to being a tourist destination but keeps of shooting itself in the foot with things like this, and the disastrous alcohol shortage (please see the very good editorial on Bali Discovery about that too) and people, good and decent people, don't want to come to a nation stuck in an Islamic puritanical hell.

Why are Indonesians so intent on destroying the future of Indonesia, because that is very much what this bill is doing.

If this is not tossed out it by the Constitutional court then there is an increasingly loud clamor in Bali for either autonomy or Independence which will get louder. This is not a fringe call but from he heart of the island. How does this help Indonesia?

Hindra Abidin (not verified) — Fri, 12/12/2008 - 9:31am

Isach,

Thank you for posting links to the text of the law. You make some good points about how the law should be implemented, but the question is, do you really trust the Indonesian government and police to apply the law fairly and equally?

If so, I think you are laughably naive and trusting.

The crucial part of the law is the definition of pornography, which the law still defines as pretty much anything (including writings and conversations!) that contain "obscenity" or "violates the norms of community".

What is obscenity? Who gets to decide the norms of the community? And which community does the law refer to? The law does not say, and that's what makes it a terrible law.

If a woman is wearing a tank top in public, under this law she could be arrested for being obscene because the law is so vague that a lawyer could argue she is violating the norms of society (in this case "the norms of society" are the norms of the Islamic extremist taking over the government) and being obscene by showing her shoulders. If you think that is ridiculous and that the courts would throw out such a case, then I ask you, have you ever been to a court in Indonesia? They are complete jokes where the worst kinds of people get to be judges and a little bit of money will buy a lot of injustice.

How can you, such a clearly intelligent person, be so naive as to trust in a government that is so corrupt that it STEALS HAJ MONEY? How can you believe that this is how the government should be protecting children? Do you not see the 5 year old beggars on the streets everyday like the rest of us? DO you really think pornography is the cause of their poor miserable lives?!

I'm sorry, but people like you make me so angry. The ignorant masses I can expect to fall such a phony, hollow, political trick, but to see intelligent Indonesian such as yourself buying into it really makes me sick.

MamaBear (not verified) — Fri, 12/12/2008 - 6:16am

SBY is so weak and disappointing.

-Stupid people do stupid things-

Joko Tangkir (not verified) — Fri, 12/12/2008 - 12:00am

Let's imagine if the hardliners achieve their ultimate goal of imposing sharia laws all over the country.
What will happen?
Civil wars everywhere.

Back then, Indonesia can't even handle east timor.
Recently, Indonesia can't even handle GAM.

Can this newly sharia Indonesia handle internal civil wars coming from many places at once?

And most importantly, you get bombs going off everywhere. Any person with any decent talent, education, and ability would have seeked asylum in other country.

In the end, Indonesia = Bosnia. Sad Ending. Hope those hardliners can realize this.

Lily (not verified) — Thu, 12/11/2008 - 8:10pm

No matter how many porn laws we have, immoral behavior will remain a big issue here because it's not about the law but it's how we can enhance moral values and norms in this pluralistic society. It is our obligation to educate our people moral values and norms through religion teaching and family nurturing.

Whether homosexual or transgenders are immoral or not, I think we are not to be the judge of that matter but the fact is that we live in a country that holds up religious values (all faith) then ,of course, automatically moral values and norms exist setting up the boundaries. Living in this pluralistic society, we do need to have boundaries.

I rather to see this law as warning for everybody to value and respect others' differences wisely.

Christian (not verified) — Thu, 12/11/2008 - 11:43am

-Stupid People do stupid things-

Thats the only reason why this law has gone through

123next ›last »

What's On

more
more