http://www.thejakartapost.com/detaileditorial.asp?fileid=20060128.E04&irec=7
State and personal morality Benny Susetyo, Jakarta The introduction of an anti-pornography bill is seen by some circles as an excessive move if indeed its sole purpose is to save the younger generation from immoral conduct. Critics of the bill mainly question whether the presence of a law regulating pornography will effectively eliminate immorality and vice in society. In view of the increasingly widespread absorption of information through globalization, the bill in fact seems badly needed to protect the younger generation from the threat of immorality. But what has not been reflected on is the fact that the bill constitutes very strong intervention on the part of the state in the private lives of its citizens. The basic concept of the bill should be examined. There is an excessive tendency to view sexuality as the nation's biggest issue. Therefore, the bill over-regulates extremely personal matters. It stipulates that all illustrations and descriptions of nudity or sexual intercourse constitute pornography. Actually, human nudity has been an object of art for thousands of years and should be recognized as such accordingly. The body is a human expression and this body with all its parts is God's valuable creation. The esthetic value of the human body is positive. This aspect has not been dealt with in the bill which tends to over generalize. There is no distinction made between pornography and eroticism. In pornography, sexuality is isolated and taken as absolute. Not surprisingly, pornography is often exclusively a male problem. Here the issue of gender arises, in which women are degraded as an object of men's sexual desire. In this case the main duty of the state is to protect social values, in particular to protect women and children from trafficking and exploitation. Its main duty is thus to promote public welfare instead of determining and regulating how people should maintain their morality. In a more precise sense, there is no direct relationship between the anxiety of some sectors of society over the increasing immorality and the dissemination of easily accessible pornographic materials. What has been overlooked in this context is the weakening role of the state in protecting its citizens. The government has responded by providing an inappropriate solution by initiating the anti-pornography bill. Meanwhile, the fundamental weakness in the bill that eludes consideration is the subjugation of the individual's right to privacy by the government. The right to develop art and culture to enhance the quality of life as specified in Article 28 of the 1945 Constitution is restricted by the bill. The Constitution guarantees freedom of thought as a basic human right that cannot be reduced under any conditions whatsoever. The bill, if it is endorsed, will give ample room for the state to assert dominance over its people. Instead of killing an ant, an elephant is slaughtered. Instead of upholding public morality, the state is just expanding its power to control every detail of the body and ideas of its citizens. Here the state restricts "the right to seek, obtain, own, keep, process and convey information by means of all available channels" as already stipulated in Article 28, paragraph F of the Constitution. The bill is also opposed to Article 28, paragraph D of the Constitution, which serves as a legal basis for the formulation of this draft. Vague definitions will obscure the difference between pornography, eroticism and obscenity. This is the most excessive expression of force against or exploitation of sexuality as a commodity by the state. The definition of pornography in publications implies that unpublished pornographic material is not considered pornography pursuant to the bill. When it is enforced, the criminalization of victims will be intense, regardless of the socio-economic context in which women and children fall prey to pornography, as described in various stories of human trafficking. Sadly, this bill fails to deal with pornography as an issue of violence against women. The items mentioned as pornographic have very limited significance, coupled with unclear meanings of pornography. Works of art are to be limited, too, and be allowed only very limited room for display. Actually it would be preferable to enforce the prevailing laws regulating to pornography. Then the anti-pornography bill would not be required. When pornography appears in the media, the government can apply Law No. 40/1999 on the print media and Law No. 32/2002 on broadcasting. They are more than sufficient to govern the publication of offensive materials. In this way a special law with a fatal impact on citizens' freedom of expression would be unnecessary. A provision in Law No. 32/2002 stipulates that broadcasting institutions shall uphold the values of religion, morality and decency. The Criminal Code can even be used for the same purpose. Article 281 of the Criminal Code on indecency prohibits the dissemination of anything that arouses sexual desire in teenagers. Pornography as well as obscenity are in fact already relatively detailed in the bill on amendments to the Criminal Code. At least 24 articles in the bill, from Article 411 to Article 435 under Chapter XV regulate crimes related to indecency. It is far more important to further intensify law enforcement. So, what actually is the anti-pornography bill for? The writer is the founder of Setara Institute and a cultural observer. ------------------------ Yahoo! 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