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Request for review of porn law soon to be filed
The Bali People's Component (KRB) organization has finished its draft judicial review of the recently signed anti-pornography law, the first legal challenge to the controversial measure
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The Bali People's Component (KRB) organization has finished its draft judicial review of the recently signed anti-pornography law, the first legal challenge to the controversial measure.
"We have decided to submit this legal motion on Jan. 7 asking the Constitutional Court to conduct a judicial review of the law," said KRB Coordinator I Gusti Ngurah Harta at a meeting of KRB executives and legal counsels in Denpasar on Monday.
He said the move was part of the KRB's ongoing commitment to fight the law, which many Balinese regard as a threat to their cultural legacy and the integrity of the nation.
Also attending the meeting were former Constitutional Court judge I Dewa Gde Palguna, local music identity Rudolf Dethu, popular columnist Aridus and KRB's field coordinator I Wayan Semara Cipta.
This highly-anticipated draft is the first legal challenge to the contentious porn law, which supporters have praised as a "shield of protection for our children," and critics have slammed as "an allowance for extremists to force one-sided morality against pluralist Indonesia".
The law vaguely defines pornography as any material that incites sexual desire, a clause that has triggered debate nationally.
The 50-page draft outlines the legal arguments around whether or not the law violates key constitutional rights, and looks at the issue from social, economic, artistic and cultural perspectives.
"This law has trampled on at least five constitutional rights granted to all Indonesian citizens," said KRB's chief legal adviser, Palguna.
The integral constitutional rights arguably under threat are the right to be treated equally in any legal process, the right to demand a legal certainty from and during legal prosecution, the right to be free from fear and intimidation, the right to acquire beneficial gains from arts and culture and the right to pursue legal vocations.
The draft has identified at least 21 professions in which creativity and development would be threatened under the anti-pornography law. They range from the arts to the tourism sector, media and even those working in personal training. .
"Any of these workers have the right to be included as plaintiffs in this judicial review. We have prepared specific arguments for each profession," Palguna said.
"The draft is finished, all we need to do is put the names of the individuals joining as plaintiffs to this judicial review," he said.
Noted scholar I Made Bandem, a founding member of KRB, urged Bali's artist and cultural communities to actively participate in the judicial review.
"This is a historic moment, is history in the making. It's time we prove those in the artistic and cultural communities are ready to fight any attempt to destroy our national principle of Unity in Diversity," said Bandem, currently working as a visiting professor at the Holy Cross College and Brown University in the United States.
Ngurah Harta said the legal struggle would take at least four months and would require vast financial and moral support from those willing to commit to the cause.
He said those wishing to be plaintiffs may contact KRB at 081236131311 or at jiwabening@yahoo.com.
People wishing to contribute financially can transfer donations to Bank Central Asia KCP Sanur Raya, account number no: 6700194343 of I Wayan Semara Cipta.
