Judicial Review Cases, UU Porno

Mar 3rd, 2009, in News, by

Educating the public about the pornography bill and legal challenges against UU Porno at the Constitutional Court.

Socialization

On 30th October 2008 the controversial pornography bill (UU Pornografi, text in Indonesian and English translation) was passed by the parliament.

On 9th December 2008 president Susilo Bambang Yudhoyono (SBY) signed it into law, after having examined it and found that it guaranteed freedom of expression and protected traditional customs, according to spokesman Andi Mallarangeng. okezone

Information minister Muhammad Nuh said the government would begin a program of “socialization”, i.e. educating the public about the law, particularly in areas where opposition to it was centred, they being in non-Muslim majority provinces like Bali, North Sulawesi, Papua, NTT, and in tourism oriented Yogyakarta. suarasurabaya

Conservative backers of the law such as the Regent of Karanganyar, Priantono Jarot Nugroho, asked the government to get busy with the socialization program, to prevent the current moral degradation in the country from worsening. antara

Muhammad Nuh stated that the law clearly protected traditional rites and forms of dress (Article 3), as well as personal privacy. Koteka (penis sheath) wearing Papuans and Sundanese jaipong dancers had nothing to fear, because these things were part of indigenous culture. He welcomed any judicial challenges to the law. kompas

Judicial Review

The Governor of Bali, I Made Mangku Pastika, said in late December 2008 that he would support any effort to challenge the law at the Constitutional Court in Jakarta, and that local government agencies would be put to work to help prepare any legal challenge. vivanews

Cirylus Bau Engo of the Nusa Tenggara Timur (NTT) parliament said people in NTT did not want the law applied in the province and that the way out of the problem was appealing against it at the Constitutional Court. gatra

Andrikus Mofu of the Persekutuan Gereja-gereja in West Papua, a church organisation, told DPR chairman Agung Laksono in November that the PGG would sponsor a class action against the law. okezone

However as of writing the only case against the Pornography bill to have come before the Mahkamah Konstitusi, briefly, emanates from North Sulawesi/Manado, where a dozen or so church and Minahasa cultural groups attempted to bring a case on February 22nd in Jakarta, specifically against Article 1, on the (loose) definition of pornography, Article 4, on the production and distribution of pornographic materials, and Article 10, on the banning of public performances thought pornographic. vivanews

However the justices decided that the legal standing of the challenge was not clear and declined to hear the case. Justice Maria Farida Indriati said

You all come from Minahasa groups but in your plea you talk about Papuan and Betawi people, who are you actually representing?

Justice Akil Mochtar advised them to bring the case as individual citizens of Indonesia, not as representatives of social organisations, and to clear up the basic errors in the submission, and then try again at a later date. kompas


187 Comments on “Judicial Review Cases, UU Porno”

  1. avatar Aluang Anak Bayang says:

    Bule English teachers ganging up on Brown whistle blowers. Deplorable.

    Lolita syndrome is Whitey and Arab’s disease. Prove me wrong.

    @ Oinkgal

    You are a sick bastard, the fact it is rampant in society here and for you touse these poor kids as a taunt for your trolling makes you little better than the pricks who abuse these kids..

    Did I hit a raw nerve?

    @ ET

    So what about this story in the newspapers last year in november about this brown teacher in Medan who forced two of his pupils to have oral sex with him in front of the classroom.

    Your logic – Brown man did it too. Youre a sick puppy.

    @ Mas/Mbak schmerly [sic]

    Still shying away from pedophilia issue, and still had not a clue what Pancasila is all about.

    @ Rob

    Your explanation is unconvincing. Try harder.

    If I am not mistaken one Syekh Puji is in a little bit of strife for marrying a 12-year-old.

    It caused public outrage in Indonesia, didn’t it?

  2. avatar diego says:

    @ ET

    So what about this story in the newspapers last year in november about this brown teacher in Medan who forced two of his pupils to have oral sex with him in front of the classroom.

    It happened in Medan, Sumatra, just a stonethrow away from the malaylandia, Malaysia. So I’d say it was done by someone from the malay race.

    Your argument “brown man did it too” doesn’t apply here; the brownmen in our discussion is limited to anything except the malays.

  3. avatar Rob says:

    @AAB…

    Public outrage was not really your original point, was it? I read your original point to be that pedophilia was not a problem in Indonesia because brown men were not afflicted with such a disease or sickness. In that case, my apologies for not getting your point.

    My point was not that the “brown man” does it too but rather that it happens here and has been legislated against. It would seem that this disease afflicts your brown brothers and sisters as it does my white anglo-celt brothers and sisters. The fact that one does it does not in anyway lessen the act of the other.

    I am not an English teacher per se although I do teach some of the law subjects that I teach in English at the request of my Indonesian counterparts. So, it is hardly a case of English teachers ganging up on you.

  4. avatar doos_101 says:

    @Oigal

    Wait a minute, since when did you arrive in this debate? You write just like Mbak Sri, and your points are nothing but the same as hers. Are you just some pathetic clone she made to strengthen your weak arguement?

    Or atleast if I’m mistaken, I’ll prove to you my previous understanding of demoracy is correct.

    What I said…

    Democracy is a system of government in which “power” is held by the people, indirectly or directly, made possible by an electoral system (voting). Within an indirect power representation, which is mostly prominent today, the society is represented by a small group of people in the parliament.

    http://www.google.com/search?hl=en&q=define%3Ademocracy&aq=f&oq=define%3Ademocrac

    No you said…

    Just for fun, lets play with the strawman…As for running down the street naked, it would be kinda silly but untimately harmless (there was a steaker who run naked across a football ground in front of 100,000 people once..and guess what the crowd did not suddenly erupt into a orgy of lust…go figure).

    Wearing underpants…mmmm personally I like to let my little guys swing free…shock ..horror!! I agree incredibly risky behaviour gotta be careful with the zip up procedure.

    Seriously, you do need to sit down and think through the logic of what you are saying if you want to provide a reasonable defence of your postion..

    Means nothing! Wearing underpants… strawman, wth are you talking about???

    Don’t refer to my examples as illogical similar to what Mbak Sri did, which made me realize that you’re just HER! My examples clearly illustrate the socialization process in life. It is saying that there are norms in a society that you have to follow, such as wearing an underwear even though it sounds silly to discuss. However it is true. Now the reason why I pointed this out is to let you delusional people understand that your freedom is not as what the bible of liberalism dictates. You are told by everyone since your small to do things the way the society thinks its correct. However, in other aspects of life you also have freedom to choose. So relating back to my statement, which is refering to the UU Pornography as bringing the balance between conformity and deviance, you can still have the freedom to wear clothings you like but you have to also follow the morality, the code ruled by the UU Pornography. From this there is a balance and hence we don’t have to confuse our self of what our national identity really is! (considering the fact that we have thousands of diverse and multiethnic cultures).

    How many times do I have to tell you that your points are nothing more but a hateful will that doesn’t even relate to the topic UU Pornography. Or atleast if it seems that way, you didn’t make an effort to connect it.

  5. avatar Cukurungan says:

    I’m looking forward to hear from you regarding: Blacks and Latinos.

    To be honest actually we have ethic of conduct that forbid us to explain too detail about the other people, but unfortunately, Pak Schmerly forced me to do that, frankly, now I am so sad about what I had been written, because, it may hurt the innocent bule one.

    Black and Latinos are our brother and sister and they never ask us to do that to do this, therefore, it is part of our wisdom not to engage personal matter of other people who respect us as we are.

  6. avatar Burung Koel says:

    @ Doosra

    Wait a minute, since when did you arrive in this debate?

    What gives you the right to make up rules about who can and cannot participate in a debate on this site? Were you elected, or were you socialised? 🙂

    what the bible of liberalism dictates

    I don’t even know where to start on that one.

    Doosra – word of advice. If you support the UU, that’s fine. Other people can oppose it. I believe that’s fine, too. They will have their reasons and you will have yours. Mbak Sri commented that you have the makings of a ‘little sectarian’ (although with a smile). I didn’t think that was fair, and I pointed out the name calling in my mock adjudication. However, it seems that you haven’t learned much so far in this thread, and you continue to bandy around the term ‘liberal’ as an insult. I hinted earlier that you should, perhaps, find out the meaning of words before you use them, otherwise it does sound like you are parroting Fox News. By insulting others and trying to restrict debate, you are showing dangerous leanings towards authoritarianism*.

    * A completely different word in meaning from ‘authority’.

  7. avatar schmerly says:

    @ AssmadsAngryBitch..

    @ Rob

    Your explanation is unconvincing. Try harder.

    If I am not mistaken one Syekh Puji is in a little bit of strife for marrying a 12-year-old.

    It caused public outrage in Indonesia, didn’t it?

    There was no law protecting our children in Indonesia simply because pedophilia doesn’t exist in our society

    I think that covers it don’t you?

  8. avatar David says:

    because pedophilia doesn’t exist in our society

    I am also weary of hearing this, don’t know what planet you are from but you ought to read the news, if I chose to I could fill this site with nothing but news reports about rapes of children, mostly on Java, they happen every day.

    Anecdote – there aren’t many countries where selling children is done so openly, I remember walking past the biggest shopping mall in town and a boy standing on the road, about 10, called out to a man who was going past him on a motorbike, – “Anak Om?”

  9. avatar schmerly says:

    @ Cukie.. Come on now Cukie wipe the tears away, that bad Pak Schmerly didn’t force you to do anything.

  10. avatar Achmad Sudarsono says:

    Pak Patoengs Yth.,

    Was this in Surabaya ? :

    Anecdote – there aren’t many countries where selling children is done so openly, I remember walking past the biggest shopping mall in town and a boy standing on the road, about 10, called out to a man who was going past him on a motorbike, – “Anak Om?”

    Question — do you think the child was doing on his own or working for someone ?

  11. avatar schmerly says:

    @ Assmad..

    do you think the child was doing on his own or working for someone ?

    Working for a brown man of course, they pimp their daughters so why not pimp their sons!

  12. avatar Cukurungan says:

    I am also weary of hearing this, don’t know what planet you are from but you ought to read the news, if I chose to I could fill this site with nothing but news reports about rapes of children, mostly on Java, they happen every day.

    Pak Patung Yth,

    You should be able to differentiate between what is pedophile and what is action of the sex desperation.

    Yes, there is a fact that sex and rape to children does occur in here but this rape committer could not be categorized to the pedophile one because mostly the reason they do that just to discharge their very high sex desire on anything (because they are mostly poor people) not only to the kids but some time also to animal as recently happened in Bali. I am sure if they have money, they will not do that but they will marry to someone or buy sex on the available market. In contrary the man from the planet mars will do anything to have sex with a kid some time they even engage fake marriage with widow who has many kids with deliberate effort to have fun with the kids and not with widow itself.

    If you still not convince about what I said please compare, where does most booked travel destination tourism in here vs in the planet mars , many rich Indonesian will spend their money to visit holy land either Jerusalem or Mecca but the rich of Mars man will take any effort to visit Bangkok, Cambodia, Laos where abundant kids for sex is available.

  13. avatar David says:

    Yes it was in Surabaya, at the entrance to the little busy road that runs between TP and the car showroom next door, I assume the kid the was working for someone, I got the impression he wasn’t offering himself but some other kid….

  14. avatar schmerly says:

    Patung. Sorry for treading on your toes, I just couldn’t keep my trap shut.

  15. avatar ET says:

    AAB said

    Did I hit a raw nerve?

    @ ET

    So what about this story in the newspapers last year in november about this brown teacher in Medan who forced two of his pupils to have oral sex with him in front of the classroom.

    Your logic – Brown man did it too. Youre a sick puppy.

    Did I hit a raw nerve?

  16. avatar schmerly says:

    @ Cukie..

    If you still not convince about what I said please compare, where does most booked travel destination tourism in here vs in the planet mars

    I think you’ve been talking to Assmad, he seems to think he knows all about Aliens, but your wrong because Martians are hermaphrodites! so they don’t need sex with anybody.

  17. avatar Achmad Sudarsono says:

    Patung Yth.,
    I’m just asking because if he was working for someone else, makes it more likely money’s getting kicked back through Preman to the cops, or maybe even straight to the cops. I’m always curious how they justify it to themselves.
    The kinds might’ve been freelancing. For food, drugs, pocket money, whatever.
    Preman provides a buffer, so they don’t have to know.
    To some degree POLRI is still a giant feudal financial pyramid with money reaching the apex.
    Or at least a pyramid in transition. It’d be interesting to see a sensible, sobre, realist cop’s explaination as why they let it go on.
    In answer to the shrieking, but fair voices, who scream corruption, evil greed etc. Sure. But it helps to understand what’s going on. Then solutions become clearer.

  18. avatar ET says:

    Diego

    Your argument “brown man did it too” doesn’t apply here; the brownmen in our discussion is limited to anything except the malays.

    To be honest I’m getting a bit sick of this eternal ‘brown vs white’ syndrome and insinuations of some commenters in this blog. Funny thing although is that it always happens here with some Javanese and never in real life where I live.
    So this time, and the next, it is and will be tit for tat.

  19. avatar Oigal says:

    I’m always curious how they justify it to themselves

    That’s the kicker Assmad, any reasonable person would acknowledge that the cultural aspects of “gift giving” and ingrained kowtowing to superiors (?) will mean there is always an element of bribes and corruption (to the western sense of the word anyway). For instance, last I hear just to sit for the police entry exam was close to $3000USD (up from 5Million Rp back in 98) and the sheer tortuous legal process for a minor traffic offence makes corrpution on that level logical and good economic sense.

    Let’s face it, the Indonesian system has its advantages there is virtually no official process that cannot be fast tracked with the addition of a fee (how different is that to paying the extra for a fast tracked passport service in Australia?)

    Where I come to grief in understanding, is the bastards who rip off food supplies to poor, schools or taking cash to turn a blind eye to the abuse of minors or others who cannot take care of themselves..How do they justify it to them selves??

    dare i say there is corruption and there the corruption..

  20. avatar ET says:

    doos_101 said

    It is saying that there are norms in a society that you have to follow, such as wearing an underwear even though it sounds silly to discuss.

    Is there also a law in the making to oblige wearing underwear?

  21. avatar Achmad Sudarsono says:

    Hi Oigsy, All.,

    Like I said: curious. Want to understand. Seems like mental denial is very power. Add to that various conversational and intellectual tricks to shut down questions or ignore them and nearly anything is possible. Like supporting a begging business, child prostitution, human trafficking – u name it.

    That’s why it might be interesting for a documentary to have, say, a “civilized” conversation over a cup of tea with a senior police officer/preman/someone articulate who can justify why they do it. I’m sure it’s there in Shakespeare and probably thousands of examples in the literature of the world (references anyone, please??).

    Drs. A. Sudarsono.

  22. avatar Oigal says:

    oops… there is corruption and there is corruption and they are not the same thing

  23. avatar Burung Koel says:

    Literary References for corruption? Off the top of my head:

    Indonesia:

    Twilight in Djakarta by Mochtar Lubis. Surely a classic?

    Water from the Moon by Barnes and Birrell. NB: Poorly written and out of print, as well as somewhat dated, but does have a very interesting premise of parallel corruption in Indonesia and Bjelke-Petersen’s Queensland.

    General/Other:

    Anything by Kafka

    A Bend in the River by V.S Naipaul

    Slightly off topic: My old academic supervisor (who has since produced a superb political biography of Suharto) made the analogy that in the New Order, corruption was ‘franchised’, in that everyone knew how much to pay, to whom, and benefits were divided up according to certain rules and percentages. A bit like the pyramid mentioned above. Since 1998, however, he considered that costs had become much higher, and there was no longer any certainty that what you paid for would actually happen.

  24. avatar schmerly says:

    Oigal.. Where my wife lives there are some girls who “cari duit” in Jakarta, within a couple of days of returning home the local plod visits them looking for a hand out, now these disgusting parasites complain about prostitution, but don’t mind taking “dirty” money, and they expect the locals to respect them! how can anyone respect pigs like these? Unfortunately this is endemic of Indonesia, and not just the filth AKA Mr Plod, I just pity the women.
    My rant for the day!!

  25. avatar Oigal says:

    Schmerly..Same thing happens in Australia.. I don’t think the local “Mr Plod” is where the problems lies somehow

  26. avatar Aluang Anak Bayang says:

    @ Rob,

    You have been around IM long enough to know generalisation. When I say, “Brown men were not afflicted with such a disease or sickness”, I mean ‘in the norm’ but there are always bad apples. Pujiono is a wealthy man, and the poor villagers can’t do anything much. He is lucky he did not reside in my province. However, there are many influential Javanese family in his area who would not let this go easily. Keep yourself updated with news.

    @ Patung,

    If you are talking about century old Javanese tradition of parents marrying off their 10 or 12 years old daughters, yes it still exist in remote area but they are not common nowaday. My great grandparents was 17 and 13 when they were married in a traditional ceremony. The groom is always about the same age as the bride, and as per tradition should not be as old or older than bride’s parents. This is not child exploitation nor can it be compared to pedophilia.

    There was no historical record to suggest that pedophilia and child sexual abuse had existed in Javanese society before the modern days of tourism. Yes, we do have a problem now in area frequented by bule sex tourists.

  27. avatar schmerly says:

    @ Assmad…

    That’s why it might be interesting for a documentary to have, say, a “civilized” conversation over a cup of tea with a senior police officer/preman/someone articulate who can justify why they do it

    You really are grabbing at straws, if you think you can have any sort of honest conversation with these type of corrupt criminals, as they know dam well why they do it.

  28. avatar Achmad Sudarsono says:

    Shmerly,

    My friend, you are really, really, missing the point. We’re living beyond good and evil now. People who do incredibly evil things have a way of justifying it to themselves. Once you know what that justification is, it becomes easier to dismantle it.

    A gentle dismantlement is ultimately quite powerful, unlike a stupid internet pissing contest. And some things are important to dismantle.

    Or maybe not. That’s what I want to know. By all means continue with the pissing contest if that’s what floats your boat.

  29. avatar schmerly says:

    @ AS..OK what’s your suggestion to stop this disgusting criminal behaviour? I really get on my soap box when discussing things of this nature, I’ve seen the police taking money off kids in the street, you know the one’s with a little box selling sweets, cigarettes Etc., this really gets my goat, as these evil bastards are, at the end of the day taking food out of the mouths of poor little Indonesian kids, and probably their mum and dads as well, so lets see what you have in mind, and I don’t mean just talk.

  30. avatar Achmad Sudarsono says:

    1st Step: set aside the moral outrage..

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