The Indonesia pornography bill–back then called anti-porn bill (anti pornografi dan porno aksi in Indonesian) – which draft had been diluted the first time it’s introduced in 2006 followoing some public outcry seems reemerge again now with stronger message: it will be passed. Hence, another outcry and protests especially from those whose interest might be distracted by this new law if realised. It gains support from parties that may get credit for the enactment of the bill.
This is Democracy
Under democratic system, any new law will only be made or old law be amended by lawmakers, those members of parliaments we call DPR (Dewan Perwakilan Rakyat) whose membership earned because they are elected by the people in general election. A candidate with more votes will get elected since in democracy majority rules. As people voice ascend into a handful elites in the House of Representatives the “majority rules” still applies. And if the pornography bill would be passed meaning the majority of DPR members vote for it. Indeed, that’s the fact:
Although the Indonesian Democratic Party of Struggle (PDI-P) and the Prosperous Peace Party (PDS) have rejected the bill and ceased discussing it, the debate on a draft of the bill continues.
Having said that, it’s also a part of democratic system that disagreement should be accepted and even appreciated so far it’s not getting physical and causing chaotic problem.
Protest, rally and strong criticism through any means possible other than violent means should be heard and accomodated. What cannot be accepted if one makes one’s disagreement in a way that could hurt others.
Even if the draft is passed in the coming weeks, it’s not the end of the day for those who disagree with it. Another general election will take place in 2009. Make sure you don’t vote for those who support it. Democracy, says the Nobel Laureate Amartya Sen, enables people to change leaders they don’t like and keep them whoever they like. Afterall, democracy is about rule by people.
The followings are the drafts of porn bill which has been through some changes from 2006, 2007 dan 2008. Download them in pdf and doc file. Some readers ask me the English version of the drafts, I haven’t found one. Let me know if you have a clue on a link to the English version or you may translate it yourself.
- RUU APP (Anti Pornografi Pornoaksi) FEBRUARI 2006
- RUU APP 2006 persandingan DPR DPD
- RUU Pornografi Agustus 2007
- RUU Pornografi September 2008 (final draft. Given the public outcry any further change cannot be ruled out, though)
back to every person…if you want to enter heaven follow your religion leader, but if you want to go to HELL, do everything in this world..but you will die..
Nice posting Cak Fatih..,
Let me give my comment:
That is one of the weaknesses of democracy system. The majority rules can decide everything and sometimes it contradicts with the Constitution itself as the people’s consensus. Furthermore, democracy is not always identical with the constitutional justice. Therefore, democracy system shall be combined with the soul of Constitution and it is known as “Constitutional Democracy”.
If the bill approved by the Parliament, the parties who have an objection and/or interest with this Act can bring a petition before the Constitutional Court. The applicant can use the argument that the “Act of anti pornography” violates the constitutional rights of citizen based on Article 28F, 28G, 28I and Article 32 of 1945 Constitution.
“Vox populi vox dei”!
It’s just my two-cent.
Warm Regards,
PMF
PMF…
I was going to reply to all of the comments, but I am sure you know that the legal issues are going to interest me far more than the socio-political commentary on whether pornography is a good or bad thing.
It is interesting that you characterize the Constitution as the “people’s consensus”. Do the people get to directly vote on the Constitution in Indonesia through a referendum or some other mechanism? Or is the Constitution the people’s consensus based on the fact that their elected representatives work on their behalf with regards to constitutional amendments?
In a democracy the majority rules, perhaps this is true in the sense of parliamentary democracy. There are always checks and balances in the system. It is good to see that you are putting your MCL to good use
Is it your argument that constitutional democracy is superior to parliamentary democracy? If so, how? Is it not the case that Parliament is bound by the constitution and that in this sense the Constitutional Court was devised to ensure that the government does not overstep its bounds? And is this the distinction you are making between the two forms of democracy?
Nice hint on how people should be looking at challenging the law through the Constitutional Court. Do you think that the Constitution can really be seen as to guarantee a right to produce and disseminate porn? Or is the right that the Constitution guarantees one not to be discriminated against. Like the right to work, for example?
Have you posted a more detailed analysis on your blog yet?
Hi Rob,
Nice to meet you again (here)..
I will put my analysis on my blawg. Coming soon Sir..
Regards,
PMF
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I support Anti Pornography Bill.
stop pornografi!!
tergantung dari masing2 pihak utk menyikapinya
RUU Pornografi harus menjadi UU tapi jangan melupakan kearifan lokal di bumi nusantara
Perdalam lagi ajaran agama oleh Bpk2 ustadz di desa-desa dan kota-kota,,,biar moralnya pada naik lagi,,,kalo sampe dibikin UU sih seharusnya enggak perlu ya,,,,karena masalah ini berasal dari dalam diri manusianya,,,mau dibuat UU apapun, kalo manusianya merasa menolak,,,buat apa? Kan jadi pemaksaan itu namanya…lebih baik ajaran moral dan agama yang ditekankan,,,bukan tindakan pukul balas pukul,,,karena ini masalah sensitif,,,yang tidak bisa disamakan antara 1 org dengan yang lainnya…mohon dipertimbangakan kembali UUnya pak presiden…
Thanks
Pormografi maksudnya apa sih Pak?…..biar Tuhan yang berwenang menangani masalah ini,,,,bukan pihak kepolisian yang hanya sama-sama manusia..
Porno ato tdk porno tergantung persepsi masing2 orgn,,,jadi jgn disamakan jadi 1 dengan tulisan di atas kertas,,,,karena masalah hasrat dan seksual berhubungan dgn mood dan perassan serta pikiran,,,,bukan dgn mata saja….kalo lagi sakit ngeliat org telanjang apa tertarik?
Kalo habis dipecat ngeliat org telanjang apa tertarik?
Kalo lagi marah ngeliat org telanjang apa tertarik?
Jadi kan tgt situasi juga tuh…biarkan saja…mending atur yang lain aja,,,spt masalah korupsi dan perekonomian yang semakin sulit dimana semakin banyak rakyat indonesia yang kesulitan hanya utk mencari makan saja….thx…mohon jadi pertimbangan……
you said in the last: “Make sure you don’t vote for those who support it”. Does it mean that you agree with pornography?
Pornography won’t make properous. Do you still remember Turkey?
Do you love the west so much that you neglect Islamic rule?
Government should issue regulation for pornography.
that’s the only and final option.
#read the whole sentence and dont easilly make a misleading conclusion on someone else opinion