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.