Friday, March 26, 2010

Indonesia's Anti-Porn Law is Sexist and Discriminatory













Anti-pornography laws judged women’s bodies according to religious and moral values, which was not only sexist but also designed to target them, activists claimed on Friday.

They were speaking a day after the Constitutional Court rejected an appeal against the controversial 2008 law despite claims that its definition of pornography was vague, misleading and open to multiple interpretations.

“Women are the target, according to this law. Women who are victims of exploitation are addressed as perpetrators,” said Yuniyanti Chuzaifah, chairwoman of the National Commission on Violence Against Women (Komnas Perempuan). Yuniyanti pointed out that the law had been used to jail at least eight people, mostly female erotic dancers.
“The law has similar characteristics to some 154 regional bylaws across the country, which we believe reduce the security and safety of women in Indonesia,” she said. “The law legalizes discrimination against women and opposes their rights to legal certainty.”

Yuniyanti was referring to bylaws such as those in Aceh, which call for adulterers to be stoned to death and those who engage in premarital or homosexual sex to receive 100 lashes. Many critics of the anti-pornography law said it endangers pluralism because many clauses are open to interpretation. Komnas Perempuan’s deputy chairwoman, Masruchah, said the law was passed after pressure from groups that believed they had control over women’s bodies.

“What if erotic dancers are male? Will we use the law on them, too?” she said.
Masruchah said the government must act to regulate the law, which should provide a clearer definition of pornography and the limitations. “A regulation could help stop officials arresting the wrong people,” Masruchah said.

The Nahdlatul Ulama, the country’s largest Islamic organization, has also demanded the government act to ensure the correct implementation of the law. It said at its congress on Thursday that aside from a clearer definition of pornography, the law should not be related to religious practices, educational activities or artistic expressions.

Authorities in Papua and Bali have said they will not enforce the 2008 law because it stifles traditional Balinese and Papuan cultures. Legislators in Papua, a largely tribal region where women customarily go topless, said the law had never been implemented because it could not be effectively enforced. Deputy House speaker Komarudin Watubun said it would be impractical to impose the law in Papua. “The people here in Papua have never bothered with the law. It’s like other laws in Indonesia where many people just realize that it cannot be enforced so why should we bother with it,’’ he said.

Bali governor Made Mangku Pastika said he had long objected to the anti-pornography law because it contradicted the norms of Balinese society. “We reject porn crimes, but this law also does not suit the sociological and psychological aspect of Balinese society,’’ he said.

The legislation passed with strong support from conservative Islamist parties, though more than 100 legislators walked out in protest. It outlaws overtly sexual images, gestures and even conversations. Violators can be jailed for up to 12 years and fined $795,000.
Nurfika Osman, Anita Rachman & AP for The Jakarta Globe

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