Pornography needs clearer definition

JAKARTA (JP): Recent police raids on obscene calendars and magazines from the streets of major cities including Jakarta have prompted a lawyer to ask where to draw the line on pornography.

Munir, head of operations of the Surabaya Legal Aid Institute, said that as long as there is no clear definition, law enforcers could face problems in pressing for convictions in court.

He said a clear definition will also allow those in the industry of making calendars and magazines to know where to draw the line, reported the Antara news agency.

The police anti-vice squad has launched a number of raids in recent weeks against distributors and producers of obscene calendars and pictures.

But a number of producers, and their young models, complained that while the pictures may be provoking, they were still within acceptable limits. Or so they thought.

Munir said law enforcers are likely to build their cases based on article 283 paragraph three of the Criminal Code and a 1963 presidential decree, but neither of these give a precise definition of what constitutes pornography.

He said the Ministry of Religious Affairs might be the proper institution to define the line between what is descent and what is not. This could be used as a reference by the court.

Munir said police have frequently conducted raids to seize pornographic materials in the past, but hardly any one has been brought to court, let alone convicted.

He said the law on pornography might be out of date, especially in view of the light punishment. Those convicted under the law for distributing or producing obscene materials are liable to a maximum fine of Rp 4,500 ($2.15) or a 32 month prison sentence.(emb)