Update for the story of Lilies Lindawati, the pregnant mother of two convicted of soliciting in Tangerang.

On the 8th May Suara Pembaruan reported that Lilies, convicted under strict anti-prostitution laws in Tangerang, near Jakarta, had taken the mayor of the city, Wahidin Halim, to court seeking 500 million rupiah in damages ($50,000). Additionally the lower court judge who had convicted Lilies was also reported to the Judicial Commission and the city public order authorities were reported to the police by Lilis.

Lilies Lindawati.

The 36-year-old pregnant wife of an elementary school teacher felt that her good name had been besmirched after she had been picked up in an anti-prostitution operation.

The presiding judge in Lilies’ suit, Pastra Yosep Ziraluo, says:

The suit was filed at the court on May 1. We will begin proceedings if the two parties fail to reach an amicable settlement through mediation.

Pastra said his fellow members of the panel of judges, Permadi Widiyatno and Bambang Irawan, had asked Lilies’ attorney and the plaintiff to try to reach an out-of-court settlement.

But Lilies’ lawyer, Yan Apul, said that Lilies was the victim of wrongful arrest and suffered public humiliation from being labeled a prostitute.

My client has suffered moral and material damage because her good name has been besmirched.
(Klien saya telah dirugikan secara moral dan material karena nama baiknya sudah tercemar.)

The resident of Dadap district was picked up along with 26 other women by public order officers while waiting on the sidewalk for a public minivan on Feb. 27. The women were held overnight before being tried in a misdemeanor trial held in public. The trial, with no defense lawyers accompanying the women, was held at city hall in conjunction with the celebration of the municipality’s 13th anniversary.

Lilies, who repeatedly protested her innocence, could not show her identity card nor she could present her husband or members of her family to testify on her behalf. Lilies argues she did not possess a cellular phone to call her husband, and the public order officers assumed she was a prostitute merely because she had makeup in her bag.

Judge Barmen Sinurat dismissed her explanation and fined her Rp 300,000. She was held in custody because she could not pay the fine and was released three days later.

Wahidin responded to the suit by saying it was her right to claim she was innocent and pursue the matter through legal channels.

This is the risk that we face as a consequence of the implementation of the government’s function.

Despite mounting criticism of what some consider a morality crusade, Wahidin also said he would continue pursuing his vision of clearing Tangerang of the sale of alcohol, prostitution as well as other social vices.

We will go ahead and punish all offenders. The regulations is not of my own making, but merely the wish of the people, as represented by the municipal council.

The municipal council endorsed the contentious 2005 bylaw (Peraturan Daerah (Perda) No 8 Tahun 2005 tentang Pelarangan Pelacuran) in November last year. On 19th May 2006 the administration of Tangerang re-iterated its committment to the law in question. Speaking before Commission I of the Samarinda parliament, Affandi Permana said:

As long as there is no ruling from the High Court there is no reason for the Tangerang government to withdraw the law or stop enforcing it.

The administration of Samarinda, in East Kalimantan (on Borneo) is currently evaluating whether to make a similar law to Tangerang’s. The chairman of Commission I, Budiansyah, said that his city needed to study the Tangerang law first.

Affandi said that the moves by the Koalisi Perempuan Indonesia (KPI), the Indonesian Womens’ Coalition, to take the law to a judicial review tribunal were the within the rights of citizens but suggested that the KPI did not really understand the law.

It’s just possible that they haven’t read the law in detail but have just jumped to conclusions.
(Bisa saja mereka tidak atau belum membaca detail perda tersebut tapi sudah buru-buru menarik kesimpulan.)

Affandi also said that the mayor had ordered that the law be enforced more carefully to avoid mistakes, but, he added that those who believed the law only targeted street prostitutes were mistaken, prostitution in hotels was also a concern.

Then, on 29th May, came news that efforts to settle the case of Lilies Lindawati out of court had failed. Both sides were sticking to their guns, Lilies demanded 500 million rupiah and an apology, and the administration refused. Later again, on 12th June, it was reported that the case was progressing through the Tangerang courts. Rezki, a lawyer for the city, said:

We refuse [to pay damages], the arrest of Lilis was done according to procudure.
(Kita tolak, penangkapan Lilis dilakukan sudah
sesuai prosedur.)

The courtroom was said to be quiet with few people interested in the proceedings. The hearing is ongoing.