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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.
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David, Jakarta (not verified) — Thu, 12/11/2008 - 8:09am
I continue to be amused at how, suddenly, anyone who questions this ill-conceived law is branded as speaking FOR pornography. What rubbish!
Quite aside from the redundancy of this legislation and the issues of it giving carte blanche to thugs such as the FPI, my main worry is that it is as much anti-Pancasila as it is anti-porn.
Indonesia as a Republic continues to exist because the founding fathers recognized that without a pluralist system of government the archipelago would fragment as soon as the colonial authorities departed. Pancasila is not perfect but it pleases everyone some of the time. In any multiethnic nation history has shown that as soon as the system pleases one group all of the time, the self-destruct button has been pressed.
The so-called 'anti-pornography' law is a wholly Muslim creation. To claim otherwise is foolish. Those crafting it fully intended to undermine Pancasila and national unity for their own short-sighted political expediency.
Nicholas (not verified) — Thu, 12/11/2008 - 2:47am
This is ridiculous. Do you want to know why Indonesia will and has never developed as fast as any other country it can possibly compared against?
You always allow a minority of fanatics dictate how things will be for a well-meaning majority.
Why are laws even mentioned in the same breath as religion? If Indonesia ever wants to achieve any kind of sustainable development it must follow a secular path. Religion, clothing, picking your nose are all personal matters and it is NOT the role of good government to regulate such areas of life. I am lucky, I am British, and as such I come from a country where we sorted out such matters many years ago. As the famous quote goes: 'I am truculantly free' because I am protected by laws rather than confined by them.
Either Indonesia becomes a fundamentalist muslim state where human rights are flagrantly ignored or it becomes a secular modern democracy. There are so many things 'wrong' with Indonesia that you begin to think you'd have been better off as a colony!
You certainly don't seem capable of engaging the modern world. The clock stopped for you lot in 1945.
PT (not verified) — Wed, 12/10/2008 - 10:52pm
The Bali's leaders should propose " a special region " asap.
Isach (not verified) — Wed, 12/10/2008 - 9:10pm
It seems that the text of UUP & commentaries sent out by PDI & PDS to their constituent in bali, ntt, papua & north sulawesi are either hazy or plain out un-official (maybe they are just playing the religious/ethnic card to get voters for next year).
To give a common platform for what UUP supporter are actually promoting, please view the official text of the law at State Secretariat:
For UUP (pornography law)
http://www.setneg.go.id/index.php?option=com_perundangan&id=2150&task=de...
For UUITE (existing law that shuts down porn sites a while back)
http://www.setneg.go.id/index.php?option=com_perundangan&id=1969&task=de...
If indeed the definition, limitation, & explanation on pornography in the official text is against any religious or cultural group in this country, then I, up until now are still wondering, which religious/cultural teaching from these group of people and which article of the law is unjustly discriminating against them(surely i dont want to promote a law that is unjust). KINDLY PLEASE TELL ME
When reading the official text, you see that this is not the RUU Pornografi & Pornoaksi that was initially promoted by Rhoma Irama to take down Inul, so if you are still making your judgment based on those text then i suggest you download the official text of the law.
Nobody in their right mind would actually say that the definition of porn in UUP is prove of Muslim Hardliners (talibans) having their way; UUP definition on pornography is actually a resemblance of laws in countries such as U.S (see the definition of porn by us supreme court (miller v. california, 413 U.S. 15, 93 S. Ct. 2607, 37 L. Ed. 2d 419 (1973)) NOT pakistan, arab or afghanistan's definition.
Woman, transvestite are not discriminated by this law! There is not even a specific mention on woman or other sexual orientation or deeming un-normal sexual act or other sexual preferences as illegal. The presence of article 3 & its explanation is enough to address fear from various cultural groups (bali,papua& ntt); because the UUP law recognizes & promotes the existence of these Indonesian culture with no exception. While those who are against infringement on privacy see that in article 6, if you have or make this porn for your personal use, it's ok.
Concerning other existing (UU or KUHP) law that already took care of pornography, PLEASE TELL ME WHICH LAW & WHICH ARTICLE.
Reading the text of "UU Perlindungan Anak" or the one paragraph reference on UUITE (a law whose main focus was on electronic transaction, which shuts down porn sites a while back & btw this law is only address internet distribution)on porn, I dont see these previous law defining what constitutes pornography, production, distribution, child porno and even exception so clearly like UUP.
So the existence of UUPA is a complement to these other law which makes it clear to everybody what is pornography by the state. This law eliminates the ambiguous terms such as against norms/'kesusilaan' like available in existing laws, (ex. UUITE). Weren't it these "komnas" (national commission) & parties that always complain on the open-ended/ambiguous definition of existing laws on public health & moral, the fact that UUP makes it clear should actually be supported.
Baliku (not verified) — Wed, 12/10/2008 - 8:40pm
Good Luck Mr. SBY, coz you are no longer listening to the minority group. We hope soon you realize that you are the president of the Country and not the majority group. Please, don't do more nasty campaign to trigger civil war.
Dawud hammaad (not verified) — Wed, 12/10/2008 - 5:12pm
Human rights and privacy of an individial is limited to a certain extent. In the West for example, it is a "personal choice" whether one is homosexual or not; it is a "private" matter whatever an individual chooses to do. However where the "privacy" of an individual becomes or has a possibility to become a social ill or challenges the accepted moral fabric of society, then it no longer become private or personal; rather it become a collective state responsibility to end the scourge.
Furthermore, where a personal/private choice has a strong possibility to lead to a crime, it no longer becomes private or personal matter and again, society intervenes to nip the fall-out in the bud. Here I would concur that every religion in the world promotes universal values and discourages vice; however, it is only within Islam that the means and methods are shown as to how these can implemented. As a general rule, something that has a possibility to lead to crime, is itself discouraged (and in some cases made into crimes).
Allowing a Muslim to practise their faith without intervention of secular values and systems is also their human right. Unfortunately Dr Chen has got it wrong in the bigger picture of the subject matter.
Jazzphysicist (not verified) — Wed, 12/10/2008 - 4:57pm
to zaki_77:
"Here I would concur that every religion in the world promotes universal values and discourages vice; however, it is only within Islam that the means and methods are shown as to how these can implemented."
Oh yes... Force your own belief unto others, saying that's the best way....Other views of dresscode are stupid low and immoral and doesn't reflect the unmatched beauty and morality of people in the middle east during the medieval times.... Indonesian tropical culture are to barbaric compared to that....
I must say, pretty humanistic of you
"Allowing a Muslim to practice their faith without intervention of secular values and systems (under the disguise of promoting pluralism) is also their human right"
Yep, allowing some muslim hardliners to go around Indonesia threatening people to wear middle east cultural trinkets, to ban women from wearing T-shirts, closing swimming pools where girls use swiming suits to swim, banning arts, closing temples, etc.... Sure it is their right.... What about the minority? who cares...
"I doubt Bali or other non-Muslim majority regions of Indonesia need to be afraid of this bill, because when ratified, I'm sure it will contain clauses that will safeguard the cultural and religious identities and sensitivities where "porn" has the possibility of being misapplied to such societies."
They messed up the beginning, I don't think I'd dare to put my trust on this next thing. It's now extremely difficult to put clauses that will safeguard the cultural and religious identities. Even if those corrupt guys managed to have pure intentions, They probably don't have enough intelligence to do it. Well, Except if they only want to safeguard the cultural and religious identities of the "majority".
Johni (not verified) — Wed, 12/10/2008 - 4:37pm
Originally i was supporting this law; however, after being informed by Indonesian police that there are common and statute laws already in place and no need for further complicated laws. The police are limited in implementation due to low pay, lack of logistics (vehicles/fuel) and buying of officer positions continues. In any case my suspicions are also founded on:
-FPI thugs beating up freedom loving individuals and destroying alcohol shops who were legally operating before ramadan?
-Banning/closing mosques of Ahmadiya sect in contravention of the international human rights laws.
-Flogging of women in public in Bandah Aceh with so called sharia thugs police telling me i cant speak to ladies on the street (i was only asking for street directions and not how much for some action??)
-recent 300% alcohol and food tax for daring to plan on buying and having a drink at home or a hotel
-Ongoing police id checks in nightclubs with cameramen and all. I was even told that TNI and Police are not allowed to frequent any bars after hours even if they are celebrating a birthday.
With all of the above compressed, i wonder were this country is going? Take the oil out of Saudi and iran and you have a yemen which is 'nothing of an economic value to export'. I hope that Bali, North Sulawesi, West Timor, Flores and Papua take on this in a united way.
R.astari — Wed, 12/10/2008 - 9:10pm
I don't understand. How can people be so shallow-minded? You support The Anti-Porno Bill, you're definitely the holiest, flawless ones. But if you don't, you're the scum. Is it that simple or aren't we all seeing the much bigger picture here?
God, men are so lucky. They can just get away with anything while women are always considered the roots of all evil. Thanks a lot! Don't blame me if I start despising men even more here. I'd rather be alone and forever untouched than having to deal with shallow-minded hypocrites, thank you very much!
Hindra Abidin (not verified) — Wed, 12/10/2008 - 4:11pm
Zaki_77, what you and other well-meaning Muslims need to understand is that the porn-law is a terribly written law. I don't understand how people such as yourself, who are clearly intelligent, can fail to see the huge problem with such a law.
First, any possible benefits from the law are completely redundant. Pre-existing laws banning the sale and production of pornography already are on the books.
Second, this is a transparent political move by the Muslim extremists to move the government closer to an Islamic State. By making the law so incredibly vague, they allow huge loopholes for criminals, thugs, and extremists to define porn however they wish so they can persecute whoever they wish.
Third, SBY and other more moderate politicians are only going along with it because of the upcoming elections. He doesn't want to be known as the President who voted against the anti-pornography law.
But a vote against the anti-pornography law IS NOT a vote FOR pornography. Republicans and George Bush used the same tactic in America by naming their abusive, militaristic, rights destroying law the PATRIOT Act. Most politicians didn't want to be seen as voting against the "Patriot" act, even though its fascist laws were very unAmerican.
The Anti-Pornography Law should have been given a more accurate name: The Anti-Woman, Anti-Pluralism, Anti-Minority, Pro-Sharia Law.
You say "Allowing a Muslim to practice their faith without intervention of secular values and systems is also their human right." But how exactly do existing laws impose secular values upon Muslims? And what about the rights of all the non-Muslims in Indonesia to practice their faiths without the intervention of Islamic values and systems?!
If you want to live in a country where the state imposes Muslim values on all of its citizens, move to Saudi or another fascist state. Indonesia was built on pluralism, and this law threatens to unravel everything good about this country.