New Criminal Law exceeds Dutch repression

New Criminal Law exceeds Dutch repression

Abdullah Alamudi, Jakarta

The controversial bill that seeks to revamp the Criminal Law is
turning back the clock 90 years to the time when Dutch colonial
rulers and government officials were immune to public criticism
and accountability. If passed in its present state, it sharply
limits public creativity, strictly curbs press freedom and
practically bans public rights of political communication. It
allows non-police third party individuals or groups to interfere
in a person's private life.

The bill is now in the Cabinet Secretariat awaiting for
President Susilo Bambang Yudhoyono's signature before it is sent
to the House of Representatives for deliberation.

Some legal experts have said the drafters of the bill mixed
traditional/customary laws with modern national laws. So, you may
find yourself in prison if give your wife a goodbye kiss in
public or if your are found in your girlfriend's house, because
anyone who feels disturbed by your behavior can arrest you for
violating their sense of justice.

The Press and Broadcast Society of Indonesia (MPPI) has
described the bill as "more repressive and fascistic than the
current one made by the Dutch 90 years ago." Journalists and
advocates of press freedom in this country, therefore, may soon
be reciting "The Last Rites" for the fourth pillar of democracy.

The bill has 49 articles that can send journalists to prison
-- 12 more than the current draconian laws drafted by the Dutch
colonial masters in 1917. At least nine of the 49 articles carry
clauses that can ban a person for life from carrying out his or
her profession. The current Criminal Law has only two such
articles and they have never been used, even during the colonial
era.

All 49 articles violate the people's right of expression,
right of speech, and press freedom enshrined by the Constitution
in article 28 F (2nd Amendment). It tramples over the doctrine of
political communication upheld by the Constitution and Article
XIX of the UN Charter.

Under the bill, criticizing the president or vice president or
any government official, down to local public employees may be
regarded as criminal besmirchment of the government, for which
the perpetrator will be imprisoned. Articles 262, 263 and 264 of
the bill stipulates that anyone who insults the president or the
vice president in public can be imprisoned for five years. That
person may also be banned for life from carrying out his/her
profession if he/she repeats similar crime within two years of
the sentencing. This is only one example of the many such
"rubber" articles.

Articles 284 and 285 stipulate that anyone who insults the
government can be jailed up to three years and be banned for life
from carrying out his/her profession.

Criticizing a government policy may be regarded as inciting
the public against a public official and the protester may end up
in jail for up to four years.

A journalist may be jailed for one year and banned for life
from carrying out his/her profession if he/she "publishes lies or
uncertain reports that cause a disturbance among the public."

A member of the press council interpreted articles 307 and 308
of the bill this way: If a sports commentator predicts that
Jakarta's soccer team Persija would lose 5-0 to Medan's PSMS, but
it turns out that Persija beats Medan 3-0, and disturbances took
place after the game between the opposing fans, the commentator
may be jailed for up to one year for "publishing or broadcasting
lies and uncertain" reports.

The Bill raises more confusion on the definition of
"pornography" than providing a clear legal meaning of the word.
It stipulates that anyone may be charged with violating
pornography laws -- which carry sentences between five and 12
years -- under articles 469 to 473. The articles carry scores of
categories considered pornography, for example, "writing an
article or producing voice or recorded audio or audio visual
material or those that can be regarded similar to film, lyrics,
poems, pictures, photographs and/or paintings, which exploit the
attractiveness of: A certain sensual part of an adult's body,
general nudity, body or parts of body of an erotic dancer or
erotic movement, ...," etc, etc.

So all of you Dangdut fans, hip-shaking Jaipongan dancers
(West Java) and Balinese dancers, you had better beware! The same
warning goes to artists and painters of Balinese beauty, watch
out! You can be charged with violating one or more articles of
the law and end up in jail.

President Susilo is noted for his conservative nature, as
shown a few months ago when he criticized local TV for showing
female singers and actresses in contemporary clothing with
visible belly buttons.

Showing or exhibiting contraceptive materials for health
reasons or for the prevention of contagious diseases is no crime,
but "openly exhibiting contraceptive material, openly or
unsolicited, published an article offering a means to acquire
material to carry out abortion," is definitely a crime.

Susilo and Vice President Jusuf Kalla promised to honor press
freedom during their election campaign, but since coming to
office their government has done the contrary. Within weeks of
taking office, Home Affairs Minister, M. Ma'ruf, a retired Army
general level, forbade all officials of the ministry to provide
information to the press.

This month, Minister of National Education Bambang Sudibyo
warned journalists they could be violating the state secrets act
for reporting on the controversial separate systems of education
for children of the rich and the poor. The recently published
Government Regulations on Public Broadcasting carries provisions
that are contradictory to the Broadcasting Law of 2002,
especially on licensing. The Broadcast Law stipulates that the
Indonesian Broadcasting Commission (KPI), the independent
regulatory body, shall issue radio and television broadcasting
licenses. These bills and government regulations are depriving
the public of their right to information and keep the government
further away from accountability as it tries to turn back the
clock to the colonial era.

Abdullah Alamudi is a lecturer at Dr. Soetomo Press Institute;
Chief Editor of PersKita (Our Press), and an active member of the
Press and Broadcast Society of Indonesia. He can be reached at
abdullahalamudi@yahoo.com.