Friday, October 31, 2008

The final Anti Porn Law


“ Don’t you have other things to do? ” that's a question we use to ask other people whenever we think that they are doing things which are not worthwhile, as if they do not have a priority list of what they are doing.

That's the question that came across my mind when the People’s Representative Council (DPR) discussed the controversial Anti Porn Bill last year which was widely opposed by non fanatic people in our country especially in Bali, North Sulawesi, Papua, and Ambon. I was very surprised when the DPR finally passed said Bill on Thursday, 29 October 2008, in spite of the strong opposition. The reason why I was surprised is because many contents of the Bill are controversial among others Article 1 regarding the vague definition of Pornography, Article 20 regarding the possibility for ordinary citizens to take action against things/acts they consider as Pornography. So, if the said Bill of Law is passed, it might cause chaos in our society. Furthermore, at this moment the DPR is still discussing Bills of law which are far more important for our country, such as amendment of the Presidential Election Law, the Supreme Court Law, the Constitutional Law, the Judicial Commission Law, etc. Many reasons are given by those who are pro, such as a woman activist Lasmiantini told the Jakarta Post that the Anti Porn Law will protect women and children from the effect of pornography which could cause Rape and Murder. While another woman activist Wuryaningsih denied allegations that women might become unwitting victims of the Anti Porn Law, saying that the issue of woman was only “political”, and this Law has nothing to do with Islamic political parties. Meanwhile, Tempo reported that the Governor of Bali Made Mangku Pastika and the Governor of North Sulawesi Sinyo Harry Sarudajang have stated their disappointment on the DPR’s acceptance of Bill of the Anti Porn Law.
The arguments of those who are pro the Anti Porn Law is understandable, but it is difficult to understand is why the DPR seems to make this Law Bill a TOP PRIORITY, while there are the above far more important other Law Bills that should be determined. It would be much better to give more time for improvement of the Bill so that it would be less controversial thus more acceptable. That way, people would respect and willingly obey. The fact shows that there are some Laws which have been improved several times but cannot be implemented properly. For example the Copyright Law that has been amended three times but its implementation is poor, proven by the large circulation of pirate DVD/VCD/CD or computer software (including Blue Movies), at many shopping places in Jakarta and other cities in Indonesia. Why? Because of three reasons, first our people are not aware of Copyright, secondly the majority of our people have low income therefore prefer low priced hijack products than high priced originals, thirdly our law enforcement is still weak. Beside that, there are also many examples of poor implementation of the Law such as the transformation of a legally protected forest into commercial project in Bintan Island. And also the transformation of area which according to City Master Plan should be Water reservation (Green) area into commercial or residential area, causing terrible traffic jams and floods. All of which shows poor implementation of the laws.

Now that the DPR has passed the Anti Porn Law, we can only hope that the government would issue an implementation regulation which would minimize unfavorable effects of the said Law Bill so that it can be more acceptable and obeyed by the people. Or, alternatively, those who are opposing said Law may request a judicial review of the said Law with the Constitutional Court.
Moreover, let us hope that the DPR will now focus their works on Law Bills which are more important as mentioned above.

Image:Playboy

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