Porn Laws in English

Sep 19th, 2008, in News, by

ChildrenA full translation into English of the somewhat controversial 2008 Indonesian pornography laws.

I hope to post the entire Pornography Law in English for all non fluent Indonesian speaker to read and discuss in informed manner.

Planned Legislature of Republik Indonesia Regarding Pornography

Chapter 1:
Definitions:
1. Pornography [sic shorthand ‘Porn’ from now on] is sexual material that is made by humans by form of picture, sketch, illustration, photo, writings, vocalizations, sounds, moving picture, animations, cartoon, rhymes/poems/prose/verse, lewd sexual gestures (straddling, blowing kisses, miming oral sex), eurythmics or lewdness deliberately disguised as double entrendre communications [simulated sexual acts] – communicated or transmitted via media communications and/or public shows/exhibits/performances [implied: live] that arouses sexual propensities/desires/longings [implied: undesirable] and/or contravenes community ethics/decency/ morality [one word: kesusiliaan].

2. Porn services are defined as the genus of porn services prepare for people, peoples or corporations/business entities that show/exhibit/preview/display directly, via cable television, terrestrial tv, radio, telephone, Internet, and other communications along with written/published documentations as newspapers, magazines and other printed materials.

3. Every person is defined herein as a person, people or corporations that are subordinate to the law, as embodied by law as well as or in spite of not being represented by law [sic: every human basically- foreign or not].

4. Children are defined herein as those aged below 18 years of age.

5. Government or State is defined as the Central Government as lead by President of Republik Indonesia as held by the National Government of Republik Indonesia as defined by Common Law/regulations of Constitution 1945.

6. Regional Government is defined as the Governor, District Chief, or Mayor and the Regional Government apparatus and complex.

SECTION 2:Basis and Prohibitions

The Foundation of Pornography Regulations is based on the God the Supreme Almighty, admiration and respect of the dignity and worth of humans, diversity, the Rule of Law, non-discrimination and protection of Citizens/Civilians of the State [sic: applies to non Citizens as well]

Section 3
Purpose of Porn Rules:

To shape, protect and maintain Social Order of the Community ad Community Ethics, Supremacy of Privacy, the priceless value of God, and admiration and respect of the dignity and worth of humans

b. To cultivate and instruct a moral and ethic Community

c. Construct by Necessity Laws for the Protections of the Civilian from Pornography, most especially Children and Women

and

d.
Guard against porn and [sic consequent] commercialization of sex within the Community

Chapter 2: Prohibitions
Section 4:1

Every person is forbidden to manufacture, fabricate, commercial quantity duplicate, reduplicate, spread about/distribute, broadcast, importation, exportation, make for sale, trade in [sic: sell/buy product], lease/rent, prepare/make available or store/lay-away PORN which has the following
traits:

e- coital acts, foreplay and sexual diversions pertaining to coitus [sic simulated sexual acts term is termasuk persenggamaan yg menyimpang- perhaps reader has better transliteration]
f- sexual violence
g- masturbation or onanism
h- nudity or illusions/allusions to nudity
i genitalia

2: Every person is forbidden to set aside/prepare porn which:
a- depicts explicit nudity or illusions of nudity
b- depicts explicit genitalia
c- exploitational or pedantic allusions to sexual activities
d make or advertise in sense of commercialized publications in spite of no
relation to sex (sic: racy adverts/ using “sex sells”)

Section 5:
Every person is forbidden to borrow, or “pick fruit” [sic: select] as per Sec 4, subsec 1

Section 6:
Every person is forbidden to [sic implication of public act of] listening, watching/viewing, utilising/exploiting/employing, possessing, or store away/have in storage [sic has an ambiguous yet somewhat implied connotation of ‘save’ as per computer systems jargon] Porn as defined by 4:1,
EXCEPT from those bestowed with Authority or Regulations.

Section 7:
Every Person is Forbidden to ease or facilitate deeds as defined/pertaining to 4

Section 8
Every Person is Forbidden to be an object or model be an object of Porn

Section 9
Every Person is Forbidden to make another person an object or model be an object of Porn

Section 10:
Every person is forbidden to view [sic implication publicly or in public place] personally or exhibit/perform in the general public nude depictions, exploitations of sex, coital acts, or other that alludes to Porn [sic as per definition of Section 4].

Section 11:
Every person is forbidden to engage/involve/invoke/entangle children in activities or objects pertaining to that as defined by any single one or combination of Sections 4-6, 8-10.

Section 12:
Every person is forbidden to urge/invite, persuade/trick/cheat, employ/utilize, conspire/connive in implicating, misuse, domineer or coerce or exert children into Porn or Porn related products

13
The generation of, distribution, and utilization of Porn which is not pertaining or defined as per 4:1, has obligations within within the scope, responsibilities and subject of these same regulations

The generation of, distribution, and utilization of above mentioned Porn within in the same manner as 13:1 Must be employed only in specific times and places.

14:
The generation of, distribution, and utilization of sexual materials is of specific
importance and within the valued possession of:
a Fine arts and culture
b Traditional culture
c traditional ritual

15:
Determination of the conditions and importance and manner of permission for the generation of, distribution, and utilization for the purposes and importance of upbringing and education and health services and implementation stipulations of 13 shall be governed by the State/Government Regulations [sic to be announced separately]

Chapter 3: Protection of Children

16:
Every [sic adult] person has a [sic legal] responsibility and obligation to safeguard children from Porn and guard against children accessing Porn information.

17:
1 Government, Social Institutions, Educational Institutions, Religious Institutions, families and/ or the Community has the [sic legal] obligation of [personal] subordination, alignment and social dignification , physical health and mental health of children victims or subject/performer of Porn.

Determination concerning subordination, alignment and social dignification of physical and mental health is as per the aims of Section 1 in line with the aims of [these] Government Regulations

Chapter 4 Precautions:
Sub divisional Unity within Government Apparatus

18: The Government and Regional Government is obligated to take necessary precautions against the generation of, distribution of ad utilization of Porn.

19
For Execution of Precautions related to Section 18, the Government has the Power to:

a
Execute dissolution of the network of distribution of Porn products or Porn services via employment of Blocking Internet access to Porn.

b
Execute [sic all means of] surveillance/monitoring in the course of surveying generation of, distribution of, and utilization of Porn.

c
Execute co-operative and coordination with all relevant parties, including those under he Law despite being not within the nation, in the obligation of prosecuting generation of, distribution of, and utilization of Porn.

20
For execution of efforts pertaining to Sec 18, The Regional Government is obligated to:

a
Execute dissolution of the network of distribution of Porn products or Porn services via employment of Blocking Internet access to Porn within that subregion yet smaller than Province.

b
Execute [sic all means of] surveillance/monitoring in the course of surveying generation of, distribution of, and utilization of Porn within that subregion yet smaller than Province.

c
Execute co-operative and coordination with all relevant parties, including those under he Law despite being not within the nation, in the obligation of prosecuting generation of, distribution of, and utilization of Porn within that subregion yet smaller than Province.

d
Fostering communication, information and educational systems within the framework o precautionary action against porn within that subregion yet smaller than Province.

21
Actions Concerning the Community
The Community has a role to play within the scope of the precautionary execution measures concerning generation of, distribution of, and utilization of Porn

22
Actions Concerning the Community as pertaining to Section 21, in the execution of in the style of:
a
Report Infringements or violations of these Regulations
b
execution of Suitor Liaisons to the Court
c
Execution of the “socialisation” [social dissemination] of rules, regulations which regulate Porn
d
execute constructions of behalf f the Commubntiy that warn of the dangers and impact of Porn

22:2
Clarification of the definition of 22:1, letters a and b are to be in accordance with the responsibility and appropriate [behaviours/actions] context of Rules and Regulations

23
Community which report infractions as pertaining to 22:1 have the right to Protection on the basis of rules and regulations.

Chap 5:
Details Police Investigations, prosecution, interrogation, examination and jurisdiction/jurisprudence.

24
Investigate, Prosecute and Cross-Examinations of the Court Infraction of Porn on the Basis of Criminal Law aside from instances are within these Regulations

25
Alongside tools of Evidence as proscribed by these Regulations, the entrance of other tools of evidence used in criminal acts includes, but is not limited to:

a
objects which are loaded with writings or pictures; unpublished or unpublished, electronic goods, optics or other data storage forms

b
data on file within other Internet communication networks or conduits

26:
For the importance of police investigation , investigations have the power to access, inspect and manufacture copies of electronic data which is within networks of computer files, INTERNET networks, optical media, or other data storage forms

2:
For the importance of police investigation, data owners, data storers/savers, or service providers are obligated to hand over and or open electronic data requested by the investigation

3
Data owners, data storers/savers or service providers after handing over or opening electronic data as pertaining to 2 have the right to receipt of surrender or official report from the commencement from Investigative Officer

27
Investigative Officer concerning official report as pertaining to 26 and concerning data owners, data stoers or data service providers at the place data mentioned was obtained.

28
Electronic data which is implicated with current investigations bundled in evidential documents

Electronic data which is implicated with current investigations destroyed or erased

Investigate, public petitioner, and competent authorities from all levels within the process within the jurisdiction has obligation of secrecy with seriousness above fervency , in spite of electronic data information which destroyed or erased.

Chap 6:

1. Destruction of offending materials with the object Porn from general petitioner

2. Destruction of Porn as pertaining to 1 with Official Report must than name,

a type and total amount which to be destroyed

b day date, month and year of destruction
and

c explanation of owner or holder of goods destroyed

Chap 7: Punishments for Offenses

30.
All people which manufacture, fabricate, commercial quantity duplicate, reduplicate, spread about/distribute, broadcast, importation, exportation, make for sale, trade in [sic: sell/buy product], lease/rent, prepare/make available or store/lay-away Convicted under Criminal Law shall be punished by prison term of minimum 1 year no greater than 12 years or fine of minimum Rp 500 million and not exceeding Rp 6000 million.

31.
All people setting aside/making available [menyediakan means to make something or prepare something in advance- usually for food] Porn as defined by 4:2 convicted under Criminal Law shall be shall be punished by prison term of minimum5 months and maximum 6 years or fine minimum Rp 250 million to maximum Rp 3000 million.

32.
Every person which loans or or selects Porn as defined by 5 convicted under Criminal Law shall be punished by prison term of maximum 4 years or fine not exceeding Rp 2000 million.

33.
Every person which sounds out, exhibits, exploiting, utilizing, in possessions of or kept in storage Porn as defined by 6 convicted under Criminal Law shall be shall be punished by prison term of maximum 4 years or fine not exceeding Rp 2000 million.

34
Every person which funds or facilitates Products as defined by 7 convicted under Criminal Law shall be shall be punished by prison term of minimum 2 years and maximum of 15 or fine of minimum Rp 100 million and maximum Rp 7500 million .

35
Every person with intention or with agreement of self or model which has within its’ capacity Porn as defined by 8 convicted under Criminal Law shall be shall be punished by prison term of maximum 10 years or fine not exceeding Rp 5000 million.

36
Every person whom causes another person to be the object or model of Porn as defined by 9 convicted under Criminal Law shall be shall be punished by prison term of minimum 1 year and maximum 12 years or fine minimum Rp 500 million and not exceeding Rp 6000 million.

37.
Every person which exhibits themselves or others in performance or the general public which is nude picture, exploitation of sex, coital acts or Porn as defined by 10 convicted under Criminal Law shall be shall be punished by prison term of maximum 10 years or fine not exceeding Rp 5000 million.

38
Every person who engages or entangles children in activities or as object as defined by 11 convicted under criminal law shall be imprisoned as intended by 30, 31, 32, 33, 35, 36 and 37 with addition of 1/3 maximum term added for those posing a threat to Law

39
Every person who invites, persuades, tricks, cheats, exploits, connives, misapplies authority or dominance or coerces children into Porn or elements of Porn defined by 12 convicted under Criminal Law shall be punished by prison term of minimum 6 months and maximum 6 years or fine minimum Rp 250 million and not exceeding Rp 3000 million.

40.

1
In the case of Criminal Pornographic Acts in the name or by the name of a Corporation, Indictments and Decrees shall be made concerning the Corporation, Board, Management and/or Managers.

2
In Criminal Acts of Porn, concerning Corporations when Criminal Acts concerning People in the grounds of related work in spite of the grounds of unrelated work steps taken in the domain mentioned,

3
In the case of Criminal Prosecution concerning a certain Corporations, Corporation is represented by the Board

4
The Board/Management representing the interests of Corporations as defined by 3 have the right to representation by others.

5.
The Judge with Jurisdiction over Management in order that Corporations appear alone of Regulations and necessity of governance over Management shall appear alongside the Regulations.

Chapter 8 closing comments

42
From the Date of the Regulations taking effect, within one month every person owning or possessing porn as defined by 4:1 to destroy it themselves or surrender it to Officials/representatives

43
From the date of Regulations taking Effect, all rules and regulations tied t everyone with respect to Criminal Pornography Laws predating this, are not in Conflict

44
These regulations start immediately approved
Alongside all people knowing, authorities enacting these Regulations with appointment of State of Republic Indonesia

Clarifications
Sec 4:1-

a
coitus or sexual activities or those simulated such as those not expressly covered also include such sexual activities involving corpses, animals, oral & anal sex and lesbian &homosexual sex

4b:
Sexual violence including that [real or simulated] coitus involving beatings, dominance, humiliation, especially lewd and distasteful acts, coercion or rape

d
appearance or reference to bodies with nudity, for the sake of a glimpse (in other words no quick flashes of nudity or see-through garments in relation to exploitation f said imagery for no artistic, adat or ritual purposes)

5:
selecting is also defined as storage or moving files from information and communication technology systems

6
Those authorized by regulations include:
film censors, broadcasting supervisors/commissioners, legal entities, health workers, sex therapy workers and educational workers. Educators include librarians, lab technicians/workers and all possible connotations of educators.

10:
Mempernontonkan diri is defined being a viewer with self initiative or the initiative of others with the express desire and agreement of oneself.

16:
Cases concerning Child Porn may be referred to Child Protective measures as outlined in Child Protection regulation 2003: Regulation 23

19
Internet block is defined as blocking porn tools or porn services

20 as above
activities or objects pertaining to that as defined by any single one or combination of Sections 4-6, 8-10.


71 Comments on “Porn Laws in English”

  1. Mr. Simon says:

    But I’d like to here from some Indonesians here. Anyone support this rather draconian law? Islamic parties consistently poll very low in elections here which would seem to suggest that people seek to resist emasculation by fundamentalist Islam.

  2. steve says:

    the government knuckles down to islamic extremists. no more kissing in the street, yet the bali bombers still broadcast their hate from death row. how weak is this? what a shame. indonesia going back to the middle ages. we have been far too tolerant with (extremist) muslims in our western countries. it is time for intolerance.

  3. Rama Treiz says:

    F’ing wahhabist lovers I hope they burn in hell while choking on pig feces for supporting/praying for this horrid bill. It’s like giving FPI and such a free pass to embrace their sharia laden fantasies of bashing ‘kaffirs’ and harlots. I wonder if there is a way people can force the goverment to stop this bill or something like that?

  4. Bo says:

    This opens the door for every F’ing biggot idiot to screw with people’s lives. Everybody (except the moronic religious) is laughing their heads off at Indonesia. My friends outside Indonesia think its a complete joke that I could be fined for kissing a girl in public, while they’re allowing the Bali bombers to be turned into bloody martyrs! Religion is offensive and dangerous, not sex!

  5. Mike Oxblack says:

    If you look at the countries in the world that apply strict Sharia laws you will notice that they are all very corrupt. There are Indonesian parties that think that stricter Islamic laws will help the country fight corruption but I don’t buy it at all. Such an attack on democracy and freedom will only serve to protect corrupt local politicians who can hide behind religion as they now do behind the national flag. The logic is simple, if you’re too busy worrying about whether somebody can see a lock of your exposed hair or if you’re going to get busted for having a stroll in the park with your girl/boyfriend then you’ve little energy and bravery left for wondering about where the money for education’s gone or why public services are so crap, etc. Religious law is a great form of oppression in this sense and only serves to negate people power. A climate of fear does not inspire a model society…

  6. niveksoldier says:

    Andrew you do not speak for everyone in Indonesia. You talk of respecting others cultures and points of views but not for your own people. They deserve the free choice that I enjoy.
    But what ever if that’s how you want to live your life being told what to do and not do go for it, but I think your an idiot.

  7. nomdeplume says:

    Indonesia is first and foremost a CORRUPT country. IT has at the basis of its constitution all the opportunities for anyone to play cops, and therefore blackmail. As such, laws are intentionally vague. ( I refuse to believe that a country of so many lawmakers aren’t smart enough to construct laws that are actually logically sound. – hence we must only assume this is all intentional.

Comment on “Porn Laws in English”.

RSS
RSS feed
Email

Copyright Indonesia Matters 2006-20
Privacy Policy | Terms of Use | Contact