Review Needed To Strengthen The 2008 Anti-Pornography Law
While police have charged Nazril Irham aka Ariel, vocalist from pop band Peterpan, his current girlfriend Luna Maya and his former girlfriend Cut Tari under the as yet untested 2008 Anti-Pornography Law, the question is how effective is this law in the Peterporn sex videos case. One law expert had previously said that the supplementary explanation to the 2008 Anti-Pornography Law effectively provides a way out for Ariel, Luna Maya and Cut Tari. Now another lawyer has asked the Constitutional Court to strengthen the 2008 Anti-Pornography Law by removing the supplementary explanation.
The 2008 Anti-Pornography Law
The 3 celebrities – Ariel, Luna Maya and Cut Tari – are being held under 2008 Anti-Pornography Law. Now Article 4 of this law prohibits the production of pornographic material and Article 6 bans people from storing or broadcasting it. Taken together, these 2 Articles can provide effective tool for prosecuting Ariel, Luna Maya and Cut Tari. However, the supplementary explanation provides an exclusion – this law will not apply to pornographic material produced “for personal use and interest.”
Last month, Edi Hiariej, a criminal law expert from Yogyakarta’s Gadjah Mada University said that police should not be able to charge Ariel, Luna Maya and Cut Tari under the Anti-Pornography Law because of this supplemenatary explanation.
Andy Yentriyani, from the National Commission on Violence Against Women (Komnas Perempuan) said: “The porn law has been problematic from the start as legislators were unable to grasp the complexity of pornography. Pros and cons will always appear as it is something that people have multiple views on.” Indeed this 2008 Anti-Pornography Law was referred to the Constitutional Court before. In 2009, 47 representatives from chuches, youth groups, women’s activists, housewives and legal aid foundations file requests for judicial review. However, in March this year, the Constitutional Court ruled to maintain the 2008 Anti-Pornography Law.
Lawyer File Another Request For Judicial Review
Lawyer Farhat Abbas has filed a request to the Constitutional Court for a review of the 2008 Anti-Pornography Law. Farhat Abbas wants the Constitutional Court to strengthen that law in the light of the Peterporn sex videos scandal. Farhat Abbas wants the judicial review because he believes that the supplementary explanations actually contradict the true intent of the 2008 Anti-Pornography Law.
Farhat Abbas explains through his lawyer, Burhanuddin: “If pornography is for ‘personal use,’ the actor might be seen as a victim, when in fact pornography exists because of the actors themselves. So the controversy over the personal use issue, such as in the Ariel and Luna Maya case, made them appear as if they were the victims.”
Elaborating further, Burhanuddin said concerning Ariel, Luna Maya and Cut Tari: “we consider them as the actors who produced pornographic materials and engaged in sexual relations outside of marriage. It is against morality. In the context of pornography, there should be no exception, even for husband and wife. These are the seeds of the eventual destruction of morality.”
Reaction
But not everyone agrees with Farat Abbas. Andy Yentriyani said: “Farhat should be careful with what he says as this could have big implications for the country. If that portion [supplementary explanations] is annulled, the country better be ready for the fallout. Should we then conduct door-to-door raids to look at cellphones?”
President Susilo Bambang Yudhoyono has also reacted to the Peterporn sex videos scandal. He told the Indonesian Council of Ulema (MUI) that he was ashamed of the widespread distribution of the Peterporn sex videos, and asked MUI to address the problem.
Think About It
If indeed police failed in its prosecution of Ariel, Luna Maya and Cut Tari under the 2008 Anti-Pornography Law, what does this mean for Muslim majority Indonesia? Can everybody claim that the sex videos caught in their possession are for “personal use and interest”? Will the actors in pornography videos claim to be victims? If so, that would really mean we are living in an upside down world.
Previous posts
Peterporn Sex Videos – Time For Ariel To Apologize?
Peterporn Sex Videos – Police Name Suspected First Uploader
Peterporn Sex Videos – Ariel’s Friend Arrested As First Uploader
Peterporn Sex Videos – Has Luna Maya Been Arrested?
Peterporn Sex Videos – Now Cut Tari Admits She Had Sex With Ariel
Peterporn Sex Videos – Luna Maya And Cut Tari Made Separate Apology To Fans
Ariel Arrested Over Sex Videos Featuring Luna Maya And Cut Tari
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