Indonesia: Law's definition of pornography open to multiple interpretations-
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Definisi Pornography dan Penodaan agama itu sulit RUMUSKAN untuk dapat memuaskan semua golongan dari masarakat yang Plural.
Bagi orang2 Irian Barat,Bali,Non Islam dan masarakat Islam berbeda melihat tentang;AURAT.
Makanya dlm negara==civil society==semua orang berhak berexpressi dan
berpakaian..
Dalam Agama Islam juga mereka memilih jalan hidupnya, tidak ada paksaan sama
sekali.
Tugas Rasul datang hanya untuk==PEMBERI PERINGATAN SAJA== bukan untuk
memaksakan peraturan2 ALLAH.
PokoKnya peraturan2 ALLAH itu adalah ==BERSIFAT ANJURAN SAJA==
1.And shown him the two highways? QS.90:(10)
(One is ALLAH's way, Two is Satan's way) (You are free to choose between two
path )
2.Let there be no compulsion in religion.QS.
Tidak ada paksaan untuk beragama
3.Tugas kamu ( Muhammad) hanya menyampaikan saja. kami lah yang menghisab /
menghukumnya perbuatan2 mereka dan...QS.13:
Your duty is to make (the Message) reach them: it is Our part to call them to
account. QS 13:40
Jika mereka tetap berpaling,maka sesungguhnya kewajiban yang dibebankan atas
kamu(Muhammad) hanyalah menyampaikan (amanat ALLAH ) dgn terang Qs 16 :82.
But if they turn away, thy duty is only to preach the Clear Message. QS 16:82
Makanya masarakat Amerika adalah masarakat YANG DAMAI. Justice for all
and non discrimination based on; religion, race, gender, age, nation etc.
Masarakat Amerika adalah ==MASARAKAT RAHMATAN LIL'ALAMIN==
salam=peace
============
Indonesia: Law's definition of pornography open to multiple interpretations
Source:
Jakarta Globe
The Constitutional Court on Thursday ruled to maintain the controversial 2008
Anti-Pornography Law, but failed to put an end to a debate that has divided the
nation for years. "The postulations of the applicants have no legal base,"
Mahfud MD, the chief of the Constitutional Court, said on Thursday in the
405-page ruling. The decision comes more than a year after the court began
hearing three judicial review requests filed by 47 applicants ranging from
representatives of youth groups and churches to housewives, women's activists
and legal aid foundations.
In seeking a judicial review, the applicants argued that the law's definition of
pornography was vague, misleading and open to multiple interpretations.
The law defines pornography as "sexual material made by people in the forms of
pictures, sketches, illustrations, photos, writings, voice, sounds, motion
pictures, animation, cartoons, poems, conversations, body movements and other
forms of communication through various mass media or public displays that can
arouse sexual desires and/or violate public moral values."
The applicants also contended that the law, which forbids the production,
distribution or sale of anything that can be categorized as pornography and bans
displays of nudity, intercourse or any other "pornographic" actions, was
unconstitutional. The law stipulates sentences of up to 15 years in jail and
fines of up to Rp 7.5 billion ($795,000).
Achmad Sodiki, one of the judges, said the law's stated definition of
pornography was clear.
"The first article of the Anti-Pornography Law is a definition that adheres to
the aim when the law was drafted," he said.
The court's sole female judge, Maria Farida Indrati, gave a dissenting opinion,
arguing that the law's first article "opposes the people's right to legal
certainty according to the Constitution,
judgments among the people because of different definitions of the term
pornography.
Critics of the law were quick to slam the decision, with many saying they would
ignore it.
One applicant, Tenny Assa, said the people of North Sulawesi would not implement
the law. "It gives us more reason to free ourselves from Indonesia," he added.
Critical voices could also be heard in Bali.
"Bali is the island of peace. We reject the evil of pornography, but the law
cannot be applied to the variety of sociological conditions in Indonesia," Bali
Governor Made Mangku Pastika said in Denpasar.
"If the law was effective, there would be no more television or Internet content
that is close to the definition of pornography in the law. But we still can see
it."
Taufik Basari, a lawyer for the applicants, said they would seek a legislative
review at the House of Representatives. "The court only tried to please a
certain group, but it did not solve the problem," Taufik said.
Constitutional expert Refly Harun said he believed the court had played it safe.
"Because the public desire to see the law annulled is not really strong, the
court did not dare to annul it."
He said experience showed the strongest groups had the greatest influence on
court rulings.
Ifdhal Kasim, head of the National Commission on Human Rights (Komnas HAM),
said: "The court should have seen this from a progressive point of view, to
protect individuals in pursuing their rights." He warned the law would
especially hinder the rights of women and minority groups.
The law has already been used to jail at least eight people, mostly female
erotic dancers.
March 25, 2010
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