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Commission slams court for supporting porn law

Source
Jakarta Post - March 27, 2010

Erwida Maulia, Jakarta – The National Commission on Violence Against Women on Friday slammed the Constitutional Court for its decision to reject a judicial review filed against the 2008 Pornography Law.

The commission accused the court's decision as an "encouragement to divide the nation".

"The pornography law sparked heated debates in and outside parliament in its deliberation. This is because the regulation emphasizes issues of morality, defying the country's diverse cultures, customs and religious interpretations.

"The decision has distanced Indonesia from its dream of becoming a united, just and prosperous nation," the commission said in a press statement.

A number of organizations, including the Indonesian Women's Coalition for Justice and Democracy, the Anand Ashram Foundation, the Jakarta branch of the Women's Legal Aid Foundation (LBH APIK) and the Women's Solidarity Alliance, filed for a judicial review of several articles in the 2008 Pornography Law.

On Thursday, however, eight out of nine Constitutional Court justices rejected the request. "The plaintiffs' arguments are baseless and have no legal grounds," court chief Mahfud M.D. said.

Maria Farida Indrati, the only female justice at the court, was the only justice who supported the request.

"The short and incomplete definition of pornography as mentioned in Article 1 of the porn law has the potential to cause legal uncertainties, and its implementation will lead to violations of the principles of a law-based nation," the commission said, citing Maria's statements.

The commission reiterated how the law made women vulnerable to abuse. It added that as 154 bylaws nationwide had articles that discriminated against women, the pornography law could add to insecurity among women and even criminalize them.

The Constitutional Court's verdicts are final and binding, meaning with its rejection of the review request there is nothing else that can be done to alter the law.

Apparently as a last resort, the commission called for the public to monitor the implementation of the law.

"The women's commission is calling all elements of the nation and the civil communities concerned with democratization... and the upholding of citizens' constitutional rights, to join the monitoring and help prevent violence and vigilantes acting on the moral polices in the implementation of the porn law."

The commission is also criticizing the 1974 Law on Marriage. It said the legal minimum age to be married should be changed to 18 for both the bride and groom, from 16 and 19 at present.

"We should use the same standards with those in the child protection law, which states that children are those under 18 years of age," commission deputy chairman Masruchah said in a discussion Friday at the commission's office in Jakarta.

She also expressed her objection to the bill, saying it was, among others things, discriminatory to male expatriates seeking to marry Indonesian women, since they had to first provide Rp 500 million (approximatrely US$53,620) as a guarantee.

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