Penile gourd wearers, affectionate hubbies and tennis fans beware

Ridwan Max Sijabat, The Jakarta Post, Jakarta

A Papuan that travels to Jakarta wearing only his traditional koteka (penile gourd), or a husband that kisses his wife goodbye at a bus stop could one day be sent to prison as such actions would be considered pornography and thus a violation of a controversial bill proposed by the government.

The works of surrealist sculptors and painters could also fall under the category of indecency, would thus have to be covered or destroyed.

Owners of TV stations and print media chief editors could face a similar fate if they show a bit too much skin in their coverage of Venus Williams at Wimbledon or run stories deemed to be communist propaganda.

The emergence of at least 49 contentious articles in the proposed new Criminal Codes have sparked strong opposition from local media, intellectuals, non-governmental organizations and many others, who have been promoting the development of civil society and democracy in the country.

Stanley Adi Prasetyo, director of the Institute of Social Studies and Free Flow of Information (ISAI), said during a seminar on Wednesday that Indonesia would no longer be a fertile ground for the birth of creative artists, intellectuals and leaders if the government went ahead with the current version of the draft law.

"The bill is a real reflection of the government's frustration over its failure in almost all fields. It has made numerous strange policies," he said, adding the government has not achieved significant progress seven years after the downfall of the former New Order regime.

Ifdal Kasim, coordinator of the Institute for Public Policy and Advocacy (Elsam), lambasted the bill as it would allow the government to intervene more deeply into the private lives of citizens.

Thamrin Amal Tamagola, a sociologist from the University of Indonesia, called on the public to step up opposition against the draft law, which favors the state more than its citizens.

"The bill creates a situation where the state, or power holder, is more powerful than the people who originally own the power. In the reform era, the government should play a role to serve (the people) rather than be a ruler of them. It is extremely strange that the government is trying to adopt such contentious penal codes," he said.

He added that the drafting of the criminal codes should be free from the influence of any religious institution to maintain the state's secular characteristics.

He warned that the criminal codes could be manipulated by certain hard-line groups to attack all organizations and communities supporting civil society.

All speakers at the seminar organized by ISAI supported the suggestion made by Tempo weekly chief editor Bambang Harimurty for drafting a bill of rights to help strengthen the civil society as well as to counter the contentious criminal codes.

Political observer Ichlasul Amal and Thamrin said if the nation had a bill of rights that stipulated citizens' fundamental individual rights, the current proposed criminal codes would have to be reviewed and its contents limited to general matters such as supporting public order.

"The criminal codes should be minimalist, meaning that the law regulates only general matters like 'the ten commandments' to ensure public order," said Ichlasul.

Leo Batubara, a member of the National Press Council, said that the press council had sent a letter to President Susilo Bambang Yudhoyono not to submit the bill to the House of Representatives for endorsement, until it wins approval from all stake holders in society.