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 Burung Koel says:

    think John Howard in Oz was fairly cunning*, and undemocratic, about this though, he played to anti-immigration sentiment of people to win elections while at the same time overseeing a massive increase in immigration

    Despite the rants and raves of the ignorant left, JH obviosly was not the anti-immigrant PM as so joyously painted by the trough feeders.

    I think Patung realises that, hence the backhanded compliment to Howard’s ‘cunning’. I would further suggest that Howard’s dog-whistle politics were deliberately aimed at cultivating an anti-immigration image, which played to his base vote, and and he didn’t need any one on the left to help him.

    * As cunning as a fox that’s just been appointed Professor of Cunning at Oxford University, Baldrick?

  2. avatar Oigal says:

    Howard’s dog-whistle politics were deliberately aimed at cultivating an anti-immigration image, which played to his base vote,

    He was a very smart pollie although I would disagree that anti-immigration was a “base vote”.

    Personally I would find it hard to understand why anyone would dispute a hard line on illegal immigration (and I hope they spare us the evil locking up the illegals rant..want to comapre the Malaysian, Singapore, Indonesian policy..quick where is the bamboo rod).

    Having said that, most sane people/countries understand that planned immigration brings untold benefits and wealth to the nation. PM Krudds latest cuts is the latest in a string on knee jerk, distructive and populist policies playing to the very basest level of Australian fears.

    Lot of truth in the saying KRUDD is no leader people follow him out sheer disbelief that one man could do so much damage in such a short time

  3. avatar Burung Koel says:

    He was a very smart pollie although I would disagree that anti-immigration was a “base vote”.

    What I meant was that the Pauline Hanson-generated anti-immigration business affected the Coalition (especially the Nationals in Queensland) more than it did Labor – something that party strategists on both sides soon realised. While not quite as significant as the DLP split in the ’50s keeping Labor out of power, it certainly had the potential to affect merginal seats in close elections – remember that Beazley got more total votes that Howard in both ’98 and ’01. Howard said very clever things on refugees and Aborigines to give the impression that the Coalition agreed with a lot of fringe racist groups, mainly to ensure that the Coalition would not leak votes from the heartland.

  4. avatar Oigal says:

    Mmm interesting take..would love to discuss further but not the forum I guess..

  5. avatar David says:

    Howard said very clever things on refugees and Aborigines to give the impression that the Coalition agreed with a lot of fringe racist groups, mainly to ensure that the Coalition would not leak votes from the heartland.

    Yes that was what I meant about the ‘cunning’ bit….

    PM Krudds latest cuts is the latest in a string on knee jerk, distructive and populist policies playing to the very basest level of Australian fears.

    Straight out of that socialist newspaper you had me reading….

  6. avatar Mike Oxblack says:

    Back on topic I’m interested in this word “socialization” as is used often in Indonesia with respect to unpopular policies. What does it involve exactly? A few posters and some Sellotape?

  7. avatar Burung Koel says:

    Back on topic I’m interested in this word “socialization” as is used often in Indonesia with respect to unpopular policies. What does it involve exactly? A few posters and some Sellotape?

    I was hoping someone else would jump in here. I’m an outsider and can only offer a limited perspective, one that is heavily skewed to the ‘socialisation’ process used in aid projects. And, to protect the innocent (i.e. me) I can’t give specific examples.

    I’m not sure where you come from, Mike, but you might like to think of ‘socialisation’ of policies and legislation as being like the Green Paper/White Paper process in Westminster democracies. The idea is to generate discussion, as well as familiarise people and stakeholders with the intent of any proposed policy or legislative change. However in Indonesia, this sometimes gets done after the policy and/or legislation has been more or less agreed/finalised by the department or the parliament. In these circumstances, the process is then more about ‘selling’ the resulting decisions to the people.

    In aid projects (where I am more comfortable), the design will build in a period of ‘socialisation’ with a range of activities aimed at making stakeholders/beneficiaries familiar with what the project is about, what it means for them, the level of commitment expected and so on. These activities could be as simple as seminars for counterparts or as extensive as a publicity campaign. Personally, I think these processes have a place, if done correctly, as they involve as many people as possible and increase ownership of the project. Too often projects are kept within the bureaucracy for reasons ranging from maintaining control of resources, poor communication and because of departmental turf wars. A good socialisation process can help overcome some of these problems.

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