Police criticized over students' VCD

Police criticized over students' VCD

Yuli Tri Suwarni, The Jakarta Post, Bandung

Lawyers have criticized the decision of Bandung police to name
students AH and NN as suspects in the case of a porn VCD starring
the two students, saying that the decision was groundless.

Criminal law expert at the Padjadjaran University in Bandung
Pontang Moerad said last week that the police had fabricated
matters.

"Our Criminal Code (KUHP) prohibits three things about sexual
relations: adultery, under-aged sex and sex with violence, which
we know as rape. The two students are adults who had sexual
relations with mutual content. This is a question of morals which
is not covered by the KUHP," Pontang told The Jakarta Post on the
weekend.

He regretted the reckless move by the police to question
people (the two students) without legal justification.

"What have they (the two students) done? They filmed
themselves for their personal viewing. They had never intended to
sell or circulate copies of the film. The two are really victims
who deserve compensation for the unwanted circulation of their
film," said Pontang.

"The police should stop the questioning of the two students
(as suspects) before they are embarrassed."

Chief of Bandung police detectives Adj. Sr. Comr. Siswandi
told the media on Friday that the two students had officially
been named as suspects on Thursday, Oct. 24.

"And legal proceedings were taken over by the West Java police
from that point," he said in Bandung.

The suspects, AH, a (male) student of the National Institute
of Technology (Itenas) and NN a student of the Padjadjaran
University were both summoned on Thursday. But only AH fulfilled
the police summons, while NN failed to show up.

Accompanied by his lawyer Atilla Graziani, AH was asked 30
questions by the interrogators.

According to chief of West Java police detectives Sr. Comr.
Hendra Sukmana the naming of AH and NN as suspects was based on
West Java Police chief Insp. Gen. Sudirman Ail's statement that
the two had committed immoral acts.

The story began when AH and NN celebrated the 23rd month of
their relationship in a hotel in Jakarta. Using a handycam
belonging to a friend they filmed themselves having sex and AH
asked a friend to transfer the footage from handycam cassette to
VCD.

To the couple's shock, copies of the VCD began circulating
without their permission. The film has been available in local
illegal markets since August.

Nursyahbani Katjasungkana, a Jakarta-based lawyer, said in a
separate interview that the police had overacted in this case.

"The police may use Article 282 of the Criminal Code on
immorality. The police should have proven that the two were
guilty of displaying, circulating or distributing pornographic
material to the public. If they (the police) cannot prove this
they cannot name the two as suspects," said Nursyahbani, who is
also a rights activist.

She said that there must have been misinterpretation of the
article.

Anyone found guilty of violating Article 282 of the Criminal
Code is subject to a maximum 18-month jail term or a fine of Rp
4,500.

Sr. Comr. Hendra told reporters in Bandung that the two had
violated the Law on Film, No. 8/1972. "They made a film, didn't
they?"

Chief of West Java detectives for general crime Comr. Guntur
Laupe said that the two had also violated the Supreme Court's
ruling No. 666/1984, which says that a sexual relationship
between an unmarried couple is an offense.

The ruling has been effective since Feb. 23, 1985.