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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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Zaki_77 — Wed, 12/10/2008 - 3:22pm
Why is "komnasperempuan" (National Commission for woman) and others so gravely disappointed with Yudhoyono’s decision? I do not understand how this bill has or can "diminished public trust in his leadership and his cause to promote pluralism".
Pluralism and privacy of an individual are human right only 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 practice their faith without intervention of secular values and systems (under the disguise of promoting pluralism) is also their human right. Unfortunately "komnasperempuan" and others have got it wrong in the bigger picture of the subject matter in face of personal political agendas and ignorance of the sentiments of the majority of Indonesia's citizens. Non-Muslim minorities can not change the social demographic make-up of the country.
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.
Sarah Wianto (not verified) — Wed, 12/10/2008 - 3:18pm
This overall article does not say what is exactly included in this law, can anybody tell me the specified differences between this law and the already existing laws about the anti pornography?
David Ryan (not verified) — Wed, 12/10/2008 - 2:10pm
King Krippler,
Your missing the point and are so narrow minded...
Existing already is a law on porn did you not know that?
Bali and other areas from a culture perspective do things that may infringe on the new law passed (by the way the law is not clear at all in some paragraphs so people wanted it clear before passed) Indonesians like to play on words and interpret as they feel in which this law leaves many issues wide open.
I could go on but its not my possition to educate you.
Rama Treiz (not verified) — Wed, 12/10/2008 - 2:01pm
This is one step closer for Indonesia to become a saudi slave state. I am sure here soon we'll see people getting beheaded at istiqal mosque, and women getting sent to jail, or beaten for not wearing a niqab. I am surprised more Indonesians and expats aren't rioting, or forcing SBY and his cronies to get rid of RUU once and for all. Thank you..you have effectively murdered Bhinneka tunggal ika. May you forever be engulfed by the anguish of your faults, and sin plague your souls for eternity.
Trisha (not verified) — Wed, 12/10/2008 - 1:54pm
Indonesia is at great risk of sliding into a Talibanesque nation. The anti-porn bill is dangerous and foolhardy. It gives credence to fantaticism, while not impacting at all on the far more serious moral issues facing this country. A 12 year old child sold into marriage with a 43 year old Muslim cleric and potential pedophile, appallingly high rates of women and children shipped across borders and bonded into sexual slavery, children dying of starvation, suicide/fratricide rates going through the roof, rabies in Bali, terrorism and more. These issues are left to incubate and grow, while the wearing of a singlet top is banned. Heartbreakingly ludicrous and a move towards the horrors of Afghanistan under the Taliban.
King Crippler of Temasek (not verified) — Wed, 12/10/2008 - 10:46am
I personally think that Indonesia should go ahead with the Anti-Pornography bill to safeguard her citizens. Those citizens who protest against such law ought to be ashame of themselves because they fail to see the law as a whole. This law is supposed to protect Indonesians. Maybe those protesters indulge themselves in pornography. Who knows? That is the reason why they are objecting.
Rahadi Widodo (not verified) — Wed, 12/10/2008 - 9:06am
Very welcome statements" 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?”
The president created this, he cant say he didn't see it coming...