For the past two years, conservative Islamic parties in Indonesia, often supported by paramilitary religious groups known for their intolerance have been periodically pushing to have elements of Islamic Law become the law of the land.

This time, social critics are pushing back. On 3 December, a diverse group of activists—including many from mainstream Islamic groups—urged the country’s legislative branch to reject the proposed legislation.

What makes the debate noteworthy is the way that the Islamic hardliners have been able to disguise their end-game. In a brilliant political move, they penned a so-called “Anti-Pornography Bill” that would ostensibly protect women and children from the scourges associated with pornography.

In fact, the anti-pornography angle was just a veil. According to the authors of the document, pornography is vaguely defined to include just about anything that would offend their hyper-caffeinated moral sensitivities. Many forms of women’s bathing suits, for example, would suddenly become illegal. Any publications or works of art that showed all but a fully-dressed female form, too, would conceivably be off limits. So would many cultural events, such as those in tourist destinations like Bali.

Worse, the bill calls on “all parties” to protect morality. This has been seen as a call to arms for the Islamic Defenders Front and their ilk, which have made a name for themselves raiding nightspots during the Ramadhan fasting month.

Secular political groups oppose this shift, which they correctly note would undermine the nation’s cultural diversity. But because of the name of the bill, they are often left having to explain why they are defending “pornography.”

No date has been set for the final debate on the Anti-Pornography Bill. But with presidential campaigning set to unofficially start next year (the election is not until 2009), hard-line Islamic parties will probably try to flex their muscles—and make another push for passage of the bill—within the next two quarters.

Update: Definitions

16th December 2007

The definition of pornography according to the bill says: "Pornography is any man-made work that includes sexual materials in the form of drawings, sketches, illustrations, photographs, text, sound, moving pictures, animation, cartoons, poetry, conversation, or any other form of communicative messages; it also may be shown through the media in front of the public; it can arouse lust and lead to the violation of normative values within society; and it can also cause the development of pornographic acts within society".

An anti-pornography bill which is before the Indonesian Parliament may hurt tourism on the island of Bali, some officials have claimed.

The bill, currently in draft form in the House of Representatives, defines pornography as acts that incite sexual desire.

The repressive legislation defines pornography as sexual materials in the form of drawings, sketches, illustrations, photographs, text, sound, moving pictures, animation, cartoons, poetry, conversations or any other form of communicative messages.

But some say the legislation could go as far as jailing people for kissing in public.

Experts see the bill as contentious, because traditional dress in Bali and the sparse clothing and swimwear worn by tourists, could be viewed as pornographic under the legislation.

The island's tourism will clearly suffer should the house pass the bill, said Ngurah Wijaya, head of the Bali Tourism Board.

Bagus Sudibya, a tourism expert, acknowledged the moral stance behind the bill's inception, but warned against hidden agendas in the process to pass it into law. Bagus said the bill should focus on defining explicit pornography designed to arouse sexual desire or exploit women, and not condemn artwork depicting nudity: Many of Bali's trademark attractions are in close connection with its arts, which occasionally depicts women in the nude.

Last Friday, an Indonesian Islamic party, the Prosperous Justice Party said the anti-pornography bill could be a Ramadan present" for Muslims.

The draft bill has been before the Parliament for three years and there is speculation that it may be passed in a few weeks.

About 1,000 Balinese dressed in traditional sarongs rallied Wednesday to protest against a controversial anti-pornography bill that critics say could hurt local cultural traditions.

The bill contains provisions that could jail people for kissing in public and criminalize many forms of art or traditional culture that hinge on sensuality.

Lawmakers have so far stopped short of passing the bill which has been in parliament for over three years because of criticism it would threaten Indonesia's tradition of tolerance.

But some political parties are hoping for its approval this month when the final draft is tabled in parliament. One Islamic party's lawmaker has said the bill would be a Ramadan gift.

We in Bali see the body as aesthetic, but the pornography bill sees the body as an object of sin, said Sugilanus, one of the protesters at the rally in Denpasar, capital of the predominantly Hindu island of Bali.

Reject the pornography bill, some protesters shouted as they performed a sensual traditional dance while others carried banners saying, The porn bill is not a gift but humiliation for the nation.

Indonesia's parliament has postponed plans to table a controversial anti-pornography Bill after growing opposition from critics who say it could damage native cultural traditions.

The Bill aims to shield the young from pornographic material and lewd acts, but also contains provisions that could see people being jailed for kissing in public or wearing bikinis and could criminalise many forms of art and traditional culture that hinge on sensuality.

Parliamentarians have so far stopped short of passing the Bill because of claims it could jeopardise Indonesia's tradition of tolerance and polarise the country.

Some political parties had been hoping for the Bill's approval this month as the final draft was due to be tabled in parliament on September 23rd.

So far at least two parties - the Christian Peace and Welfare Party and the nationalist Indonesian Democratic Party of Struggle (PDI-P) - have rejected the proposed Bill.

The Working Committee for pornography bill drafting at the Indonesian House of Representatives said the team will work on its final tasks on Tuesday and Wednesday before handing over the draft to a larger team of legislators to be discussed further.

A member with the working committee said the team made up of ten legislators and government officials, will discuss behind closed doors the remaining sticking points of the draft which were, article 1 on the definition of pornography, and article 20 on pornography ban on the internet.

The draft will be handed to a special committee consists of 50 persons which will discuss the draft after Idul Fitri holiday.

The remaining steps for the draft to be passed are reviews from all ten factions at the legislative and the house plenary session. Two parties still opposed to the bill are Indonesia Democratic Party for Struggle and Prosperous Peace Party.

The Indonesian parliament has postponed endorsing a controversial anti-pornography bill following opposition from social and religious groups, who say the unclear bill threatens to interfere in people's private lives.

The bill was introduced in the House of Representatives on Sept. 23, 2003, and has been revised several times in response to criticism from various groups.

Nonetheless, opponents say the bill still does not clearly differentiate between pornography and obscenity on the one hand, and cultural, artistic and creative expressions on the other. They also fear the bill will allow the state to interfere in people's private lives, and especially to target women.

Chapter I Article 1 of the bill says, Pornography is sexual material made by humans in the form of pictures, sketches, illustrations, photos, writing, voice, sound, moving pictures, animation, cartoons, poetry, conversation, body movement or any other form of communication through various media and/or public performance that can arouse sexual desire and/or violate societal values.

This definition is too wide, the Jakarta-based Kompas daily maintained in its Sept. 22 edition, in a special section dedicated to an analysis of the bill. The paper also pointed out this could allow the state to control people's private sex lives.

Originally containing 11 chapters and 93 provisions, the bill's final draft has eight chapters and 44 provisions.

Indonesia Goes Burkha

The House of Representatives pushes through an overly broad bill that could energize Islamic fundamentalists even more

Analysts and critics are warning that the bill will embolden the country’s already-unswerving Muslim fundamentalists.

Provisions of the Bill

• Article 29
  Any person who manufactures, produces, duplicates, reduplicates, distributes, broadcasts, imports, exports, makes for sale, trades in, leases or makes available pornography shall be punished with a prison term of 6 months to 12 years and/or a fine of Rp250 million or Rp6 billion.
   
• Article 30
  Any person who makes available pornography …shall be punished with a prison term of 6 years and/or a fine of Rp250 million to Rp6 billion
   
• Article 31
  Any person who loans or downloads pornography…shall be punished with a maximum prison term of 4 years and/or a fine not to exceed Rp2 billion
   
• Article 32
  Any person who exhibits, possesses or stores pornography shall be punished with a maximum prison term of 4 years and/or a fine not to exceed Rp2 billion
   
• Article 34
  Any person who consents to be a pornographic object or model shall be punished with a maximum prison term of 10 years and/or a fine not to exceed Rp5 billion
   
• Article 36
  Any person who exhibits themselves or others in a performance…that contains nudity, sexual exploitation, coital acts or other pornographic content shall be punished with a maximum prison term of 10 years and/or a fine not to exceed Rp5 billion.

...Read full article

Update: Papua Protests

5th November 2008. Based on article from radioaustralia.net.au

About a thousand Christians in the Indonesian province of Papua have protested against an anti-pornography bill passed by parliament last week, saying it conflicts with their traditional culture.

The protesters say the bill, which has the support of a number of Islamic parties, could threaten Indonesia's national unity.

Minority groups, especially Christians and Hindus, say the new law is too vague, and a threat to artistic, religious, and cultural freedom.

Burkha is the new bikini

Indonesia watched its new anti-pornography law leap into action last weekend, as police raided a Jakarta nightclub and arrested three employees. The officers detained three erotic dancers in the raid. The women now face up to 10 years in prison.

The new law retains a broad definition of pornography that many fear could be abused by law enforcers and radical organizations. The law is wide open to interpretation and could even apply to voice, sound, poetry, works of art or literature, says Kadek Krishna Adidharma, one of many Balinese who see the law as an attempt by the Indonesian Muslim majority to impose their will on the rest of the country: Anything that supposedly raises the libido could be prosecutable.

The law has a long list of possible offenses. Anyone displaying nudity could be fined up to $500,000 and jailed for up to 10 years. Public performances that could incite sexual desire have been banned, and civil society groups will be allowed to help enforce the legislation.

While it is true that pornographic magazines and pirated DVDs are easily available in Indonesia, advocates for the rights of religious and ethnic minorities say the problem will not be righted by the new legislation. They point to existing provisions in the criminal law as sufficient to deal with the problem, and complain that the new law poses a threat to non-Muslim Indonesians. The law imposes the will of the majority that embrace Islam, is a form of religious discrimination and against the spirit of tolerance taught by the country's founders, says Theophilus Bela, chairman of the Christian Communication Forum.

Four provinces with sizeable non-Muslim populations — Bali, Yogyakarta, Papua and North Sulawesi — have already rejected the law and said it will not be enforced in their regions. It remains to be seen how and if that will be tolerated by Jakarta. Major protests are planned for this month in Bali, where the governor has been a vocal opponent of the law and pledged that it will not be implemented. Many Balinese are now calling for greater autonomy and say dire consequences lie ahead if their demands are not met. There is even a possibility that Bali will ask to separate from Indonesia, says Rudolf Dethu, a Balinese who has helped organize protests against the law: It's that serious.

Burkha is the new bikini

Bali Police chief Insp. Gen. Teuku Ashikin Husein said his institution had no option but to enforce the new pornography law in the province.

I have no option. The police must enforce every positive law in the country, he said in Denpasar, as quoted by Tempointeraktif.com.

Ashikin said the law would be implemented through a government regulation which had yet to be established.

Last week, Bali's governor and speaker of the provincial legislature announced that the province would not be able to enforce the newly passed law, saying it was not in line with Balinese philosophical and sociological values.

Bali leaders and members of the public have united in an organization named the Bali People's Component to challenge the new law through the Constitutional Court.

Hundreds of people rallied Saturday in the Hindu-majority holiday island of Bali against a tough anti-pornography law branded by critics a threat to religious freedom.

About 400 people marched through the Balinese capital Denpasar in defiance of the law passed by mainly Muslim lawmakers in Jakarta last month.

Protesters denounced as too broad the law's definition of pornography, saying it was a threat to Indonesia's diverse non-Muslim minorities and could shatter national unity.

High-spirited protesters in traditional sarongs and translucent temple blouses marched toward the provincial governor's office, cheering wildly at traditional dances and performances by local pop singers in curve-hugging pants.

The chair of the West Papua provincial parliament, Jimmy Demianus Ijie, said the law passed after years of deliberation in Jakarta criminalised Papuan culture, where many people go semi-naked.

A challenge to the law would be launched in Indonesia's Constitutional Court next week, activist Ngurah Harta told the protest: We have to win this judicial review or we will hold a massive civil disobedience campaign.

The head of the West Papua Provincial Legislative Council (DPRD) repeated the province's intention to secede from Indonesia if the anti-pornography bill passed into law, during a rally in front of the Bali governor office in Denpasar, on Saturday.

Jimmy Demianus Ijie told Balinese protesters that West Papua would galvanize international support for secession if the government enforces the anti-pornography bill in West Papua.

Jimmy said the West Papuans could not accept the bill because it smelled of Sharia law and it had no respect for the constitution, which, he said, embraces Indonesia's five major religions and its hundreds of cultures.

He said the bill was an insult to church congregations in West Papua, who had expressed their stand against the bill: The church played a major part in assisting the government in returning West Papua to Indonesia, and because the church is West Papua's representative, this is a stab in the back, too.

He further supported the Bali People's Component's (KRB) attempt to file a judicial review at the Constitutional Court: If the judicial review fails, we will secede.

KRB coordinator Ngurah Harta said the judicial review would be filed next week, pledging to hold a civil disobedience campaign if the review fails.

West Java Governor and dance censor Ahmad Heryawan has denied using the controversial pornography law to ban Jaipong dancing, reports of which have drawn great criticism in the past few days.

There was no official statement on Jaipong dancing, he said, stressing that he had never made any statement relating to the folk art form.

The media had reported that the administration intended to forbid Jaipong dancers from wearing sexy costumes and executing provocative dance moves.

The governor said he would meet with the province's artists to discuss the problem. This rather suggests that Heryawan is being a bit more censorial than his denial suggests.

Based on article from thejakartapost.com

Previously it was reported that Indonesia's new regressive pornography law was targeting cultural heritage, West Java Governor Ahmad Heryawan was said to have used it as a legal basis to forbid Jaipong dancers from wearing sexy costumes and executing provocative dance moves.

The West Java administration's ban has prompted severe criticism from artists and legislators who blast it as a move to curb the traditional arts and culture of local people.

Bandung-born singer and dancer Dewi Gita said she did not see the need for the administration to delve into the matter when there were so many other problems affecting the province, including floods, poverty and expensive education: You see, Jaipong has nearly vanished. It is our unique heritage and we should do our best to keep it alive. But instead of supporting the internationally recognized dance, the authorities encourage its extinction.

Jaipong has nothing to do with pornography, it's merely a cultural expression. The dance is actually derived from the traditional ketuk tilu dance, which is a way that girls attract boys in Sundanese traditional customs. No wonder, the girl must be provocative and sexy, she said.

Update: Democratic Party of Struggle

17th February 2009. Based on article from xbiz.com

Opposing parties of Indonesia's controversial anti-pornography law vowed to annul the law at a public debate against the ruling party on Friday.

The law, ratified last October by President Susilo Bambang Yudhoyono, was met with fierce opposition by the Indonesian Democratic Party of Struggle, the Prosperous Peace Party and a number of civil rights groups on the grounds that it is a betrayal to the Balinese, said Nyoman Dhamantra of the Party of Struggle at the debate: With or without a majority, we will overturn the law.

The Indonesian Constitutional Court has rejected an appeal by religious groups, students and a North Sulawesi Province youth organization to review the controversial antipornography law.

However, the rejection was made on trumped technical grounds and a future court hearing was not ruled out.

The plaintiff’s demand is unclear, as they are not citing the content of the antipornography law, but instead that of the antipornography bill, judge Akil Mochtar said.

Also the group would have to reconsider grouping themselves under the name of the Ethnic Law Union of North Sulawesi because, Akil said, the group did not meet the requirements to represent the province’s ethnic groups.

To add to the group’s headache, their legal standing also was questioned by the court: It is not clear whether the plaintiffs have proposed the judicial review as individuals or as representatives of ethnic law, said Abdul Mukthie Fadjar, another judge. Mukhtie said that if the group claimed itself to be an ethnic law union, it needed to provide written proof from the organizations it named.

The West Java Governor Ahmad Heryawan has warned dancers of the jaipong dance – performed at official ceremonies and cultural festivals – to tone down their erotic moves and hide their underarms to comply with the law.

Islamic parties are also targeting the dance ahead of the April general elections, after parliament passed a controversial anti-porn law in December.

The dance shouldn't be too erotic, Tifatul Sembiring, a senior leader of the Islam-based Prosperous Justice Party, said: The worry is that once the anti-porn bill is fully implemented, the dance may be banned because it's too erotic.

Outraged and insulted, professional dance groups have called on Indonesians to teach the perpetrators a lesson at the ballot box come April.

What are they talking about? The dancers are all covered up in long-sleeved traditional kebayas, not sexy tubes, Mas Nanu Muda of the Jaipong Care Community, said.

Sultan Hamengkubuwono X, a candidate for presidential elections in July, said the anti-porn law was the most terrible thing in the process of building our nation. He said the law criminalises all works and bodily movements including music and poetry that could be deemed obscene and capable of violating public morality, and offers heavy penalties.

Indonesia's mainly Hindu island of Bali has no intention of enforcing a controversial anti-porn law passed last year because it conflicts with local culture and tradition, the provincial governor said in an email interview.

The new law, which created much confusion over what would be considered pornographic, was slammed by religious minorities but backed by the Islamic and Islamist political parties allied to President Susilo Bambang Yudhoyon.

As long as I am the governor of Bali, I, along with the head of the provincial government in Bali, have stated that we will not enforce this law in Bali, Governor I Made Mangku Pastika told Reuters, adding that the law is not appropriate for the people of Bali.

He said the most serious effect of the law would be its impact on Bali's culture and traditional art, which includes nude statues and often sexually explicit imagery.

Centuries-old traditions including outdoor bathing would also have to be banned if the law was properly enforced, added the governor.

Pastika said that he had not yet been reprimanded by the central government, despite his stated aim to disobey the law.

Indonesian artist Agus Suwage knows what it is like to run up against the religious conservatives. Four years ago, he was hauled into parliament, where lawmakers accused him of blasphemy and of producing pornography dressed up as art.

Today, facing an even more restrictive climate in Indonesia, Suwage refuses to be silenced and has made those restrictions the focus of his art.

His latest exhibition, which opened at the Singapore Tyler Print Institute this month, highlights what he sees as a growing conservatism in Indonesia.

Many of the works probably could not be shown at a big public exhibition space in Indonesia following the passage of a controversial anti-pornography law last year.

Art and this law cannot be reconciled. There is art and then there is this law and they are very far apart, Suwage told Reuters in an interview.

Suwage's latest works are a series of prints of female nudes overlaid with the actual text of Indonesia's 2008 anti-pornography law, under which a person can be charged for any public activity that incites sexual desire.

In several of his new prints, the area around the nude's genitals has been cut out completely. In a nod to the issue of censorship, the cut-outs in three artworks have been filled with images of Suwage covering his eyes, ears or mouth.

Indonesian authorities will prosecute four exotic dancers arrested at clubs on New Year's Eve for allegedly violating a new anti-pornography law, a police spokesman has said.

The female dancers and two male club managers were detained in the city of Bandung said West Java provincial police spokesman Col. Dade Ahmad. They appeared to have been preparing for a striptease and were wearing sexy clothing, Ahmad said, when the police raided the Bellair Cafe and the Music Lounge after midnight.

Indonesia's 2008 anti-pornography law was pushed through parliament by conservative Muslim parties, but opposed by rights groups that argue it criminalizes traditional dance and art, particularly in far flung provinces where partial nudity is culturally accepted.

Ahmad said that they could be sentenced to prison terms of five to 10 years if convicted. Ahmad said the six will be the first people prosecuted under the law in Bandung.

Bandung Mayor Dada Rosada said he was also considering revoking the cafes' operating permits.

Update: Empty Tables at the Belair Cafe

24th January 2010. Based on article from scotlandonsunday.scotsman.com

The arrest of four women for sexy dancing during a Hogmanay party in Bandung has raised worries this may be the prelude to wider Islamist restrictions in Indonesia. The women, as well as a manager and event organiser, could become the first people charged under a one-year-old anti-pornography law banning public displays of naked flesh.

The law was brought in with the backing of the small but influential Islamist political parties in the country. Critics said the parties' real intention was to use the law to spread fundamentalist Islam to control artistic and cultural expression in a multicultural society. The law, they warned, threatens pre-Islamic cultures, which have long co-existed with moderate Islam.

Hafizh Utsman, leader of the West Java branch of the Indonesian Ulama Council, the leading clerical organisation, is pleased with Islam's growing influence in Bandung, and would like to see a more widespread crackdown: We are trying to eliminate the non-Islamic parts of West Java's traditional culture, to make it more Islamic, Utsman boasted. For example, he said that participants at weddings are urged to celebrate by reciting Koranic verses, not by dancing, as is the custom.

Though a couple of weeks have passed since the arrests, it was still not clear what happened at Belair, which showcased bikini-clad women dancing on a bar counter.

Arman Achdiat, the Bandung police chief of detectives, said the authorities had received complaints, via text messages, that the dancers had gone beyond bikini dancing and offered customers flashes of full nudity. This happened at private table dances, said Achdiat, declining to say whether investigators caught the dancers in the act.

Holding a copy of the anti-pornography law, Achdiat said more questioning of the dancers was needed to determine whether to charge them under the criminal law or the more severe anti-pornography law, which entails punishment of up to 10 years in prison for the dancers and 15 years for the manager and organiser.

Clubs such as Belair came to Saritem in Bandung more than a decade ago, and about 10 now offer what is known here as sexy dancing, often featuring some nudity, said Budi Rajab, a sociologist and expert on Bandung at the local Padjadjaran University.

The crackdown seems to be working and Saritem's business has yet to recover fully. On a recent evening there were few customers in the district's warren of narrow streets, where family-owned brothels employed young women from rural Java. A lot of people think Saritem is still closed, or they're afraid to come, said Rully, whose family has worked in Saritem for four generations.