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Thursday, 29 March 2012

[wanita-muslimah] Indonesia's Anti-Porn Task Force Considers Miniskirt Ban + Homemade Porn for Private Use Is Legal

 

Refl: Sebagusnya sekaligus saja disuruh pakai baju panjang tutup aurat supaya selesai masalahnya, daripada setapak demi setapak.
 
 
 
Indonesia's Anti-Porn Task Force Considers Miniskirt Ban
Ezra Sihite & Michael Sianipar | March 29, 2012
 
sked to define pornography, an American Supreme Court justice once famously said: "I know it when I see it."

The way Religious Affairs Minister Suryadharma Ali sees it, the answer to the same question might well be: "Miniskirts."

The government's controversial anti-pornography task force, headed by Suryadharma, is now working on measures to tackle the issue — a discussion that includes coming up with a broad definition of pornography, which could potentially equate to dictating how women dress.

"We think that there should be general criteria [for women's clothing]. For example, women's skirts should go past their knees," Suryadharma said in Jakarta on Wednesday.

The task force, he said, is in the process of gathering suggestions from the public about what activities should be classified as pornographic and how best to cope with them.

Suryadharma admitted that the definition of pornography could be subjective, but nevertheless said: "There must a universal measure for that."

Masruchah, the deputy head of the National Commission on Violence Against Women (Komnas Perempuan), immediately slammed the proposed legislation, calling it a violation of women's rights.

"There are already norms and ethics in each different community. People already know what they should wear, where and when," Masruchah said.

"The government must respect the diversity of our cultures and religions."

She added that sexual harassment and assault had nothing to do with the availability of pornography or women's sartorial choices.

"Data on rapes show that they don't correlate with how the women dressed," she said. "Many women [who were] raped happened to wear very conservative clothing. They were raped anyway."

She added: "It's all to do with the mind-set of men."

After a series of sexual assaults on public minivans last year, Jakarta Governor Fauzi Bowo was criticized for telling women not to wear short skirts or pants when taking public transportation. He later apologized, but not before women donned miniskirts in a rally to protest his remarks.

In all of Indonesia, only Aceh, which implements Shariah law, regulates women's clothing by making headscarves mandatory. West Aceh district went even further in 2010, banning women from wearing tight pants.

The creation of the anti-pornography task force, which is supposed to enforce the controversial 2008 law banning pornography, was greeted with a barrage of criticism and scorn, with many accusing the government of having lost sight of its priorities.

Politicians and activists alike said it was a distraction from many more pressing issues such as corruption prevention, the empowerment of people in villages and isolated areas, poverty eradication, health care and social conflicts.
 
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Homemade Porn for Private Use Is Legal
Arientha Primanita | April 26, 2011

 

The verdict is in: making your own sex video is not illegal.

In a landmark ruling on Tuesday, the Constitutional Court threw out a request for a judicial review of the 2008 Anti-Pornography Law, which sought an amendment to criminalize the filming of sex videos for private use.

Chief Justice Mahfud M.D., in rejecting the request for a review filed by controversial lawyer Farhat Abbas, said: "The plaintiffs' argument does not have a legal basis."

Article 4 of the law bans people from producing pornographic material, while Article 6 prohibits people from storing or broadcasting it. However, Farhat's camp has said supplementary explanations of the law exclude materials "for personal use and interest."

"If pornography is for 'personal use,' the actor might be seen as a victim [when material is distributed without consent], when in fact pornography exists because of the actors in the first place," Muhammad Burhanuddin, one of Farhat's lawyers, had argued.

However, Justice Ahmad Fadlil Sumadi said that while the court agreed with the plaintiffs that pornography violated norms of decency if made public, the point here was that a homemade video for private use was not meant to be made public.

"If something containing pornographic elements is used solely for one's self, it doesn't violate public decency or disturb public order," he said.

He added that the court considered Articles 4 and 6 constitutional. "The court believes there is no unconstitutionality or contradiction here, as long as the material in question is for one's own use," Fadlil stressed.

Farhat and his camp sought the judicial review in the wake of the celebrity sex video scandal involving Nazril "Ariel" Irham, the frontman for the band Peterpan.

The videos appeared on the Internet last year. One allegedly showed Ariel with his girlfriend, Luna Maya, while another was said to show him with TV presenter Cut Tari.

Ariel has been sentenced to three and a half years in prison on a charge of distributing pornography, not for making the films, although he insists he did not upload the videos to the Internet.

Anwar Sadat, a representative for the plaintiffs, said that while the request for the judicial review had been rejected, the two women in the Ariel case should still be held accountable.

"The makers of sex videos must also be punished," he said. "We know that Ariel has been sentenced to prison, but what about Luna Maya and Cut Tari?"

However, criminal law expert Edi Hiariej, from Yogyakarta's Gadjah Mada University, has said the supplementary explanations to the law excluding material for personal use were the reason police would not be able to charge Ariel, Luna or Cut Tari under the pornography law.

Anwar said he was not disappointed with the Constitutional Court's ruling but would examine the pornography law again thoroughly.

"We'll just accept the ruling and make revisions for another request for a judicial review that we'll file in the future," he said.
He declined to say when the group would file the new reques

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