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Bali prepares to fight the passed porn bill

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Jakarta Post - November 4, 2008

Andra Wisnu, Denpasar – Following calls made by their Balinese leaders, many members of the island's public declared their intention to have the pornography bill reviewed or revoked just days after it was passed by the House of Representatives.

Numerous announcements were made Monday by various Balinese institutions and persons in opposition to the bill, which has been deemed by many as a threat to national unity.

The Balinese Public Exponent (EMB) staged a rally that began at the Provincial Legislative Council (DPRD) in Denpasar and finished at the nearby governor's office, demanding Bali's leaders maintain pressure in their fight against the bill.

The group, which comprised representatives from Buleleng, Tabanan, Badung and Denpasar, called on the DPRD and the governor to move quickly to oppose the law.

Governor Made Mangku Pastika voiced his support, saying the provincial administration would wait for the President to sign the bill before it took legal action. "We need to remain calm, show everyone that the Balinese have manners," he said.

Under the Indonesian legislation system, a bill will become legally binding 30 days after it is passed by the House regardless of whether it has been signed by the President.

The pornography bill was passed by an overwhelming majority of 10 out of the 12 House factions during a plenary session last week. The Indonesian Democratic Party of Struggle (PDI-P) and the Prosperous Peace Party (PDS), snubbed the bill, choosing to walk out of the session in a show of resistance.

Pastika, along with Bali DPRD Speaker Ida Bagus Putu Wesnawa, publicly declared that the province would not be able to enact the bill – the first time a province has ever rejected a House law.

The Bali People's Component (KRB) said it would seek a judicial review of the law at the Constitutional Court. The KRB's legal representative, Ketut Ngastawa, said he believed the Constitutional Court would vote against the bill, citing numerous contradictions between the bill and the 1945 Constitution.

"Just take Article 28 of the Constitution, which guarantees every citizen's right to exercise their traditional culture and practice their values," Ngastawa said in Denpasar on Monday. "This bill clearly discriminates against Balinese. And the House passed it for what? Just to appease a certain majority?" he said.

KRB coordinator Ngurah Harta said his legal team had found discrepancies in the legislation process, including evidence the bill had not been sufficiently tested in public and of a possible forged signature on the bill belonging to a high ranking House official.

"Some PDS lawmakers have also complained that they were given misleading invitations to many important meetings regarding the bill, causing them to lose voting rights," Harta said. "Basically, this bill has so many holes in it that it deserves a legal challenge."

Harta said the bill was an insult against Balinese culture. "Take the lingga yoni (a stone sculpture displaying a penis and a vagina). That is not porn. It's a symbol of fertility," he said.

Should all legal attempts fail, Harta said, then the KRB would deliver on its promise and organize a mass civil disobedience.

With support from various art and human rights organizations, the KRB has set up a two week window to complete and hand in a formal judicial review request to the Constitutional Court.

The KRB, which has garnered legal support from the Indonesian Advocate Association and noted advocate and former Constitutional Court justice I Dewa Gede Palguna, has invited anyone with legal standing to join the litigation process at the court.

Those who wish to take part in the legal process may call the KRB secretariat office on (0361)-257080 or (0361)-257081. The KRB has also established a joint bank account for receiving funds from supporters to stop the bill. The Bank Central Asia (BCA) account number is 6700194343.

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