CONTROVERSIAL PORNOGRAPHY BILL POISED TO TARGET

UNCLAS SECTION 01 OF 04 JAKARTA 003159

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SUBJECT: CONTROVERSIAL PORNOGRAPHY BILL POISED TO TARGET
WOMEN AND FREEDOM OF EXPRSSION


SUMMARY
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1. (U) Indonesian political interest groups portray the
ongoing legislative debate over a pornography law as a
struggle for the nation's soul. Some fear that Islamists see
the bill as a way to impose a strict "Arabic" ethos while
conservatives believe the time as nigh to take a stand
against moral decay, painting their opponents as
"Islamophobic" and corrupted by Western influence. As the
debate continues, most influential Indonesian opinion makers
have felt compelled to state positions. President Yudhoyono
endorsed quick passage of the bill, seeming to side with
Muslim conservatives, though he did not comment on details in
the legislation. In the latest turn, political opponents to
the Yudhoyono Administration have come out against the bill.
The draft version of the law makes writings, art, audio
recordings and the broadcasting of kissing in public, sensual
body parts and sexual movements punishable by large fines and
jail sentences ranging from one to fifteen years. Women's
groups and artists, the most vocal opponents of the bill,
cite the right to freedom of expression and the disparate
impact on women as reasons to reject the bill. Indonesia's
decision on the pornography law will stand as a significant
bellwether for times to come. End Summary.

YUDHOYONO, ISLAMIC GROUPS AND PARTIES: PUSH TO PASS THE BILL
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2. (U) Indonesia's conservative Council of Ulamas (MUI),
Indonesia's highest interpretive body of shari'a, initially
drafted the "anti-pornography/pornoaction" bill in 2001,
according to Husna Mulya, Coordinator of the Legal and Policy
Reform Division at the Women's Commission of Human Rights
(Komnas Ham Perempuan). Members of the previous House of
Representatives (DPR) further developed the bill, but then
President Megawati did not approve it for government
submission to the DPR. President Yudhoyono (SBY) formally
submitted the legislation in 2005. The DPR assigned a
special committee (PANSUS) to review the Pornography and
Pornoaction bill, and the PANSUS began formal deliberation in
January. It solicited comments from civil society through
the end of February. According to the press, the PANSUS has
targeted passage of the law in June.


3. (U) Indri Octavani of the Legal Aid Society for Women
(LBH-APIK) told us February 14 that the Prosperous Justice
party (PKS) and SBY's Party, the Democratic Party, seek to
pass the bill quickly, envisioning a trial period from March
to June to test the law but without the criminal penalties.
Octavani thought only Megawati's party, the Indonesian
Democratic Party - Struggle (PDI-P) opposed its passage as
drafted. Octavani thought that PKS, widely seen as the
country's most conservative Islamist party, and the
Democratic Party had enough influence to push the bill
through. She explained that no one wants to appear
"non-Islamic" or "pro-pornography" and that this seemed a
politically popular issue to push.


4. (SBU) One female member of the PANSUS from the
Muslim-based National Mandate Party (PAN) told us she saw the
bill as an important safeguard for the country's morals and
it should pass after some sensible revisions that protected
women. Given the controversy surrounding the bill, she
indicated deliberations could take many months. Deputy
Assistant for Social Culture and Environment at the Ministry
for Women's Empowerment, Sofinas Asaari, predicted that it
would take several months more of deliberation and compromise
before the DPR passes the bill.


5. (U) In December, the press quoted SBY as saying that the
Pornography and Pornoaction Bill must pass and that he agreed
"100 percent" with the work done at the DPR. More recently,
he told national Muslim leaders that, "the Constitution says
that human rights are absolute unless they contravene
accepted values of decency and norms." He also expressed
strong support for the bill during a televised call-in phone
chat with popular Muslim tele-preacher Aa Gym.


6. (U) Other politically influential figures publicized their
support for the bill in the media, including the leaders of
the two biggest Indonesian Islamic mass organizations,
Muhammadiyah and Nahdlatul Ulama (NU),with both groups
citing the need to protect the morality of the nation. NU
Chairman Hasyim Muzadi stated that, "NU supports the

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pornography bill. Its formulation, however, must be
acceptable to all parties. This law is important to
guarantee the future survival of the nation's youth." NU
women's movement leader Khofifah Indar Parawansa stated that
her members supported the bill and that concerns over limits
to freedom of expression should get addressed through
exceptions in the law. More strident comments came from
conservative senior figures in NU, such as Ma'ruf Amin who in
public comments criticized those who opposed the bill as
"followers of freedom without limits." Muhammadiyah Chairman
Din Syamsuddin chimed in with his support of the legislation,
while calling for dialogue to resolve o
utstanding issues based on a common position that rejects
pornography. Islamic militants, like the terrorist-linked
Indonesia Mujahiddin Council (MMI) and the Islam Defenders
Front (FPI),have added their voices in strong support of the
bill.

STUDENTS: DEMONSTRATE IN FAVOR OF THE BILL
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7. (SBU) Octavani told us many students also favor the bill
but, after having discussions with them, concluded that they
have a simplistic understanding of its contents. They assume
that anyone against the bill favors pornography. Octavani
suspects the bill seems popular with students and others
because it symbolizes rejection of Western or American
values. Recent months have seen an increasing number of
student-led demonstrations pressing for passage. Banners
messages included "Support the Anti-Porno Bill, Reject
American Cultural Imperialism." Dr. Amirshya Tambunan,
expert staff to PAN and leading member of the youth branch of
Muhammadiyah, Indonesia's second largest Islamic
organization, said he expected the number of demonstrators to
increase in coming months.

BILL SEEN AS A REJECTION OF WESTERNISM
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8. (SBU) The press recently quoted the head of the PANSUS,
Balkan Kaplale, as saying that European Union and American
officials had approached him to lobby against the bill but
that he rejected international influence. (Note: We have not
contacted Kaplale on this matter. End note.) The article
claimed the bill would fortify Indonesia against Western
moral corruption produced in the name of human rights and
freedom of expression. Asaari also said that an
anti-pornography bill would protect Indonesian values from
Western influence. She used the example of kissing in public
as something acceptable for Americans but not for
Indonesians. Tambunan told us that the bill would fight the
morally corrupt influences of "globalism" and accused many of
those who oppose the bill of putting business interests
before morality. In a recent meeting with foreign
journalists, Din Syamsuddin, head of Muhammadiyah pointed out
that one problem with the controversial publication of
Playboy in Indonesia was that it came "from America." (Note:
A local business initiated the publication of an Indonesian
version of Playboy. End note.) The cover of the popular
Islamist magazine "Sabili" depicted the Playboy logo with the
title "Moral Terror."

BILL TARGETS WOMEN AND CHILDREN AS CRIMINALS
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9. (SBU) Women's groups say that what they hoped would prove
a law to protect women and children from sexual exploitation
and objectification will now likely serve as a tool to target
them. LBH-APIK, in partnership with a coalition of feminist
NGOs, went to DPR hearings to voice their concern that the
definition of pornography focuses on criminalizing female
behavior rather than protecting possible victims of
trafficking. The Women's Commission of Human Rights did not
take an official position against the bill at the DPR's
public hearings but will establish one in conjunction with
the Commission of Human Rights (Komnas Ham) in coming weeks.
In the meantime, members of the Women's Commission of Human
Rights lobbied against the bill in their individual
capacities. Asaari of the Ministry for Women's Empowerment
said that her Ministry's had the official position that
Indonesia needs an anti-pornography bill but the bill should
protect women as "victims." She added that she personally
thought that adults shou
ld be allowed to purchase pornography in a regulated market.


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10. (U) Members of LBH-APIK and Komnas Ham Perempuan pointed
out examples from the bill that indicate women and girls will
get punished for what men find sexual. The bill outlaws:

-- The showing of or bringing attention to in public
"sensual" body parts, either through full or partial
exposure. The bill defines "sensual body part" as the
breasts, buttocks, naval, thighs, or genitals of a woman. The
penalty for exposing a sensual and feminine body part is two
and half years to 12 years in prison and/or 300 million to 2
billion Rupiah (approx. 30 thousand to 2 hundred thousand
dollars). The bill makes no mention of male body parts.

-- Any "erotic" dancing or movement in public is punishable
by one and a half to seven years in prison and a fine of 150
million to 750 million Rupiah (approx. $15,000 to $75,000).

-- Being a model that reveals sensual body parts or moves
erotically is punishable by one and a half to seven years in
prison and 150 million Rupiah to 750 million Rupiah fine
(approx. $15,000 to $75,000).

-- The bill applies to adults and defines anyone over the age
of 12 as an adult, in contradiction to other national laws,
such as the Child Protection Act that defines a child as
someone under 18.


11. (U) Another often cited provision of the law makes
kissing on the lips in public illegal (one to five years in
prison and a fine of one million to five million Rupiah).
The bill further provides for an appointed body of citizens
to review suspected material or conduct to determine whether
it is "pornographic" in nature and thus subject to legal
sanction. One contact surmised only half-jokingly that - if
enacted - the bill's largest practical impact would be to
enrich Indonesian police officials, as law violators would
scramble to pay bribes in order to evade prosecution. Other
contacts have warned that vague language in the bill would
create openings for militant Islamic vigilantes, like those
of FPI, to "enforce" the law as they interpret it in the most
restrictive way possible, a pattern already demonstrated in
the areas of church closings and raids on entertainment
businesses.

ARTISTS: FIGHT FOR FREEDOM OF EXPRESSION
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12. (U) Artists like to cite an ongoing police investigation
commonly known as the "Anjasmara" case as an example of how
the criminal code already covers obscenity, and argue that
further restrictions would destroy creativity. In the
Anjasmara case, police charged two model/actors, a painter
and a photographer for obscenity and insulting Islam after
the FPI filed complaints. The painting, displayed at a
prestigious Jakarta bi-annual art exhibition in 2005,
consisted of two nude models in asexual poses in a garden
holding fruit. On February 23, leading Balinese artists
convened to discuss their rejection of the pornography bill.
They discussed the impact the bill could have on tourism,
art, traditional dance, and multiculturalism within
Indonesia.

REVISIONS LIKELY BEFORE PASSAGE
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13. (SBU) We obtained from Tambunan a poll from a recent DPR
public hearing that recorded 23 out of 70 NGOs were
officially in favor of the bill. We noted, however, that of
NGOs in favor of the bill, some were high school groups and
NGOs formed for the purpose of eradicating pornography. Most
women's organizations and press organizations voiced
objections. Some stated in the poll that the law against
obscenity in the criminal code was sufficient. Tambunan
acknowledged that many, if not most, agreed that revisions
would be necessary and predicted that as much as 50 percent
of the bill could be changed before the DPR passes it.
Tambunan was reluctant to say which provisions needed
amendment, but predicted that exceptions would be added for
Bali and Papua, both parts of Indonesia that are
traditionally less restrictive about partial or full nudity.
Asaari agreed that it would be several months before the bill
is made into law.

INFLUENTIAL CRITICS SPEAK OUT
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14. (U) In the latest turn, prominent political opponents of
the Yudhoyono Administration stated their opposition to the
current draft. The press reported that former President and
PDI-P Chairwoman Megawati Soekarnoputri, former House speaker
Akbar Tandjung and former Vice President Try Sutrisono have
come out publicly against the bill as it now stands. In a
speech in Bali, a PDI-P stronghold, Megawati was quoted as
saying, "I disagree with the bill because it is inappropriate
and poorly worded. I've instructed my party to deal with it
cautiously and seriously." Akbar Tandjung was equally
critical, saying, "Don't create laws that reject (local)
systems and cultures." Demonstrations in Bali, where
traditional culture and the tourist trade would be threatened
by the bill's expansive and vague definitions, have been
frequent. During one protest, the head of the Bali branch of
the National Youth Committee threatened Bali's secession if
the bill were passed.

COMMENT
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15. (SBU) While it is unclear whether the supporters of the
pornography bill will succeed in passing the law in the next
few months, the bill's theme, if not its contents, has
popular resonance based on public rejection of pornography.
The legislative debate takes place against the backdrop of
more local governments considering morality ordinances with
direct or indirect grounding in conservative interpretations
of Islamic tenets. The question remains whether the
pornography bill will pass with the necessary changes to
protect women and girls from being the target of the law and
to preserve Indonesia's cultural diversity and freedom of
expression. The national debate over the pornography bill
has grown sharp and often has little to do with pornography
per se. The elites increasingly view this as an important
signal for Indonesia's future, one that either moves toward
state imposition of a more conservative, Middle Eastern
inspired ethos, or a future that maintains the diversity and
tolerance that currentl
y frame Indonesia's pluralistic democracy. While the country
will not change overnight regardless of the outcome, the
final contents of the pornography law will stand as a
significant bellwether for Indonesia's direction as a nation.
PASCOE