Judge Denies Conservative Pressure Over Porn Law

Camelia Pasandaran

Constitutional Court Chief Mahfud MD on Monday dismissed allegations that the court had been under intense pressure from conservatives to reject a challenge of the 2008 Anti-Pornography Law.

“Who do you think can pressure the Constitutional Court? I will pressure them back!” Mahfud said after women’s groups, human rights activists and those who sought the review accused the court of trying to please a “certain group.”

“Forget about people from the streets with beards who think they can pressure the court. Even if President [Susilo Bambang Yudhoyono] pressured the court, I will fight back,” he said

The court has been under fire since Friday, when it rejected the challenge. The decision came a year after the court began hearing three review requests filed by 47 applicants ranging from representatives of youth groups and churches to housewives, women’s activists and legal aid foundations.

Mahfud said it was unavoidable that the court ruling would attract such sharp criticism.

“Such protests have existed since the deliberation process of the law in the House of Representatives. It is inevitable and unavoidable,” he said.

“Since the start the law has been controversial. Whatever the decision of the court there will be people who will never be satisfied. This court cannot issue a decision on this matter that will be accepted by each and everyone in the country. There will be those who dislike the decision and that is just a consequence.”

Ifdhal Kasim, head of the National Commission on Human Rights (Komnas HAM), said the court had failed to be the guardian of the Constitution because it had not allowed individuals to pursue their rights.

But Mahfud argued that the court had made the correct decision by denying the review.

“We have no reason to annul what substantially and proceedurally is correct,” he said.

“Despite the fact that we may not like it…. I may be the one who does not favor it [the law] but it is forbidden to annul a law based on a judge’s dislike. It must be a constitutional measure.”

Mahfud did not comment on the fact that the court’s sole female judge, Maria Farida Indrati, delivered a dissenting opinion.

Indrati argued that the law’s first article “opposes the people’s right to legal certainty according to the Constitution,” and “that the law could lead to public judgments among the people because of different definitions of the term ‘pornography.’ ”

Eva Kusuma Sundari, a lawmaker for the Indonesian Democratic Party of Struggle (PDI-P), told the Jakarta Globe on Monday that the court must have been pressured by certain religious groups to maintain the law.

“I observed that law enforcers are scared of unruly masses, especially following incidents involving members of the Islamic Defenders Front [FPI],” Eva said. “FPI seems to be dictating the workings of law enforcers. Even the police is scared of them.”

Eva’s comments came days after members of the hard-line FPI assaulted four people in the basement of the Constitutional Court on the last day of arguments in a case seeking to overturn the country’s controversial 1965 Blasphemy Law.

Eva also believes the domination of male judges on the Constitutional Court contributed significantly to the ruling.

“Deep in their minds, they still think in patriarchal terms,” she said.

“They neglect the fact that women end up becoming the victims of this law. There are at least five victims of the law. Most of them are artists charged for dancing the way they did.”

Eva said she would push for a legislative review of the law in the House.

“It is not in the schedule of the House’s agenda this year,” she said. “It could be next year, or be pushed forward to this year based on public demand. We’re ready for it as we agree with the points stated by Maria Farida Indrati that the law has no clear usage or principle. Moreover, the definition itself is a problem.”