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Conservatism in our court

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Jakarta Post Editorial - October 13, 2010

That religious conservatism, or more precisely Islamic conservatism, is creeping into our state affairs comes as no surprise.

But when the conservative agenda starts to hold sway over the judiciary, it's a wake-up call for those who are concerned about the future of our freedom and democracy. The Supreme Court's decision to convict former Playboy Indonesia editor Erwin Arnada for indecency shows that the religious conservatives have expanded their influence into the country's judiciary.

Most everyone agreed that the Indonesian version of Playboy looked nothing like its American parent edition. Other existing publications in the country show far more skin than the few editions Erwin published before he called it quits. The South Jakarta district court in April 2007 acquitted Erwin because it could not find anything indecent.

The Supreme Court however thought differently and ruled that Playboy Indonesia violated Article 282 of the Criminal Code pertaining to indecency. One could only assume that the court found the brand name Playboy indecent, and not so much its content. Erwin, who started his jail term Saturday, is in good hands as he is being represented by Todung Mulya Lubis, Indonesia's top free-speech lawyer. Lubis filed for a case review with the Supreme Court on Tuesday.

But as the fight is being fought in the courtroom, the liberal or progressive forces in the country should be mindful of the looming bigger battle being waged by conservatives on all fronts, in mosques, on the streets, in the political corridors, in the government and in the judiciary. The Supreme Court, for one, is now firmly under conservative control.

Religious conservatism is encroaching on individual freedoms, and as Erwin's case show, it is undermining freedom of the press. It is just short of taking the reins and imposing limits on free speech in the name of morality as it defines it. Erwin was declared guilty because of his association with a skin magazine, and not because of what he published. Where do you draw the line on free speech? More importantly, who gets to draw the line?

The increasing intolerance toward religious minorities is part of this creeping conservative agenda. Moving on from religious freedom, the conservatives are now targeting free speech. When free speech goes, so will democracy. Pretty soon Indonesia will be ruled by the mullahs, unless the nation wakes up and fights this out.

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