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UNCLAS SECTION 01 OF 04 JAKARTA 003159 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
SECSTATE FOR EAP/IET AND DRL 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KJUS KCRM KWMN ID
SUBJECT: CONTROVERSIAL PORNOGRAPHY BILL POISED TO TARGET 
WOMEN AND FREEDOM OF EXPRSSION 
 
 
SUMMARY 
-------- 
 
¶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 
--------------------------------------------- --------------- 
 
¶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 
 
JAKARTA 00003159  002 OF 004 
 
 
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 
------------------------------------------ 
 
¶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 
-------------------------------------- 
 
¶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 
-------------------------------------------- 
 
¶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. 
 
 
JAKARTA 00003159  003 OF 004 
 
 
¶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 
---------------------------------------- 
 
¶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 
------------------------------- 
 
¶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 
----------------------------- 
 
JAKARTA 00003159  004 OF 004 
 
 
 
¶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 
------- 
 
¶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