Draft criminal code seen as threat to artistic freedom

Hera Diani, The Jakarta Post, Jakarta

First time director Joko Anwar was baffled when the government- sanctioned Film Censorship Institute (LSF) cut a kissing scene from his new release Janji Joni (Joni's Promise).

"It was not even a French kiss," said Joko, also a regular columnist for The Jakarta Post.

Apparently, last year's Buruan Cium Gue (Kiss Me Quick), which sparked a protest from Muslim preacher Abdullah Gymnastiar and was then banned by the LSF, left the institute overly sensitive to criticism. As a result, even a peck on the lips will now be subject to close scrutiny hard.

Joko is likely to be even more surprised when he finds out that under the proposed new criminal code, a kissing scene on screen could land the filmmaker with five years in jail and a fine of up to Rp 75 million (around US$8,000).

The draft, set to be finalized this week, incorporates new penalties for what are termed offenses against public decency. However, the critics say these will interfere unduly with people's private lives and limit freedom of expression.

Creative artists, including filmmakers, painters, poets, dancers and singers, will be affected by the draft as it slaps a blanket ban on everything considered even remotely capable of arousing sexual desire among members of the public.

Article 469 on what is termed "pornography", for instance, prohibits all writings, voice recordings, films, song lyrics, poetry, photographs and/or paintings that feature, among other things, private body parts, nudity, sex and even on-screen kissing.

Legal expert and former justice minister Muladi, who chaired the committee that produced the draft, said the article was aimed at curbing an alarming increase in pornography (which is locally interpreted as meaning anything even slightly racy).

"It's very worrying, so we have to be strict," he told the Post.

He admitted that there had been demands from religious leaders to see articles on public morality and decency inserted in the draft code.

"The standard adopted is based on prevailing community standards. So, it will be different in each region," Muladi said, adding that the draft would be submitted to State Secretary Yusril Ihza Mahendra on Monday, and later on sent to the House of Representatives for deliberation.

Filmmaker Riri Riza, whose works include Petualangan Sherina (Sherina's Adventure) and Eliana Eliana, said the process of revising the existing Criminal Code had been blinkered and random.

"It shows the typical problem of a collective thought system, where only one group of people, such as religious leaders, decides on something. The media and artists should also have been involved in the drafting process," Riri told The Jakarta Post.

The draft, he added, was also the result of the weakness of the film industry and film institutions here.

Concern over rampant pornography is fine, Riri said, but there needed to be specifically focused regulations rather than a blind, catch-all solution.

"In a mature society and in a so-called democratic country, there should be a mechanism where members of society can decide for themselves. In the case of film, for instance, the issue could be dealt with based on a rating and age-group system.

"It's not like we're going to make films with sexual content all the time. But the arts and film must not be controlled. They function to challenge the prevailing morality and puritanical system," Riri said.

Rusdi Rukmarata, co-founder/dancer/choreographer with the Eksotika Karmawibhangga Indonesia (EKI) dance company, said that the draft was based on misperceptions regarding local cultures.

"They (the drafters) don't have an in-depth knowledge and understanding of Indonesian culture. If you take a look at our statues and paintings, they're very sensuous," Rusdi said.

EKI itself drew on the spirit of the Karmawibhangga, a relief at Borobudur temple that depicts sexual relations. Therefore, the company's performances were often based on sexual themes "so that people can be relaxed in talking about sex, and shed the myths surrounding it," Rusdi said.

People don't learn from history, he added, which showed that governments that tried to control the creativity of artists tended to be weak.

"So, let them do what they want. But if they try to cross us, we will take them on," Rusdi vowed.

Riri, meanwhile, said he would consult legal experts over the draft.

"Then we will lobby the government or file a petition," he said.