ISLAMIC PARTIES PUSH CONTROVERSIAL

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001756

SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/MLS, DRL/AWH
NSC FOR E. PHU

E.O. 12958: DECL: 09/16/2018
TAGS: PGOV PHUM KISL ID
SUBJECT: ISLAMIC PARTIES PUSH CONTROVERSIAL
ANTI-PORNOGRAPHY BILL

REF: A. JAKARTA 939

B. 07 JAKARTA 3159 AND PREVIOUS

JAKARTA 00001756 001.2 OF 002


Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).


1. (C) SUMMARY: Recent political maneuvering within the
Indonesian Parliament (DPR) has all but ensured the passage
of a controversial anti-pornography bill. The bill is being
pushed through by the Islamic-oriented Prosperous Justice
Party (PKS). The vote is scheduled for later this month.
Critics of the bill see it as overly broad, as a threat to
personal privacy, and as a surrender to Islamic groups. They
might take the matter to court. With elections next year,
many politicians are seeking to curry favor with Muslim
conservatives, which gives the bill some traction. END
SUMMARY.

PRESSING AN ANTI-PORNOGRAPHY BILL


2. (C) The bill was first introduced in 2001, but shot down
by then-President Megawati (Ref B). In 2005, President
Yudhoyono formally submitted the legislation and called for
swift passage in an apparent maneuver to gain support from
Muslim conservatives. The bill has received much criticism
from women's and human rights groups who see it as overly
broad and a threat to personal privacy (see more below).


3. (U) Article 1 of the bill defines pornography as "any
man-made work" that includes sexual materials in the form of
drawings, sketches, illustrations, photographs, text, sound,
moving pictures, animation, cartoons, poetry, conversations
or any other form of "communicative message." The bill
claims pornographic images shown through the media can
"arouse lust and lead to the violation of normative values
within society." Articles 9 and 11 are said by critics to
criminalize the victims of pornography--namely women and
children--and Article 21 would allow ordinary citizens to
take preventative measures into their own hands. Critics see
this as effectively allowing hardliners to use violence
against others legally.

BILL HAS SUPPORT IN PARLIAMENT


4. (C) The PKS is the major force behind the bill, referring
to it as a "Ramadan gift" to the Indonesian people. That
said, the bill is being supported by many of the major
parties, including: Golkar (the largest party); the United
Development Party (PPP); and, the Crescent Star Party (PBB).
It's pretty clear that these parties have enough support to
get the bill approved in Parliament.


5. (C) The National Awakening Party (PKB) and National
Mandate Party (PAN) are still undecided. In the meantime,
the secular-oriented Indonesian Democratic Party of Struggle
(PDI-P) and Prosperous Peace Party (PDS)--a Christian
party--stand in opposition. Staunch opponent of the bill,
PDI-P lawmaker Eva Sundari told us, "We are boycotting the
process, because we can't have a dialogue on articles we
disagree with. They just pushed for a vote to settle every
contentious matter..and they are moving forward without us."
Golkar politician Harry Azhar reportedly said the passage of
the bill seemed inevitable barring widespread political
action across the country.


6. (SBU) We have heard that the bill may be "tested" in
three cites before it is approved: Makassar in South
Sulawesi; Ambon in Maluku; and, Banjarmasin in East
Kalimantan. Contacts are not sure how this would work out in
practice.

DEEP CONCERNS


7. (C) Civil society groups have threatened to file a
complaint with the Constitutional Court to have the bill

JAKARTA 00001756 002.2 OF 002


revoked should the bill pass the Parliament. Meanwhile, the
National Commission on Violence Against Women (KOMNAS
PEREMPUAN),along with a coalition of NGOs and the Women's
Legal Aid Foundation (LBH APIK),said they would ask the
Parliament to delay deliberation of the bill as "it would
only serve to spark unrest within society." They also
claimed that the DPR was in a rush to pass the bill, saying
it didn't make sense to only pick three cities to test it.
In the meantime, there have been regional concerns, with
representatives from other areas in this multi-ethnic,
multi-cultural country asserting that they have not been
brought into the process.

A NOD TO ISLAMIC GROUPS


8. (C) Facing elections next year, the President and his
supporters apparently hope to gain the favor of Muslim
conservatives via their support of the bill. At this point,
the bill seems to have enough support to pass. All that
said, there is deep concern in many quarters and the
situation has not quite played out. Our guess is that the
bill will move forward amid continued controversy.


HUME