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Sex-Tape Women in Police Sights, but Experts Doubt Basis for Charging Ariel
Heru Andriyanto & Farouk Arnaz | June 23, 2010

A photo made available on 22 June 2010 shows Indonesian rock star Nazriel Irham, popularly known as Ariel, kiss Luna Maya his girlfriend. Ariel is to be charged under the controversial pornography law. Under the law, a person found guilty of producing pornographic material could face up to 12 years in prison. (EPA Photo/Ibnu) A photo made available on 22 June 2010 shows Indonesian rock star Nazriel Irham, popularly known as Ariel, kiss Luna Maya his girlfriend. Ariel is to be charged under the controversial pornography law. Under the law, a person found guilty of producing pornographic material could face up to 12 years in prison. (EPA Photo/Ibnu)
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peterhal1
2:38pm Jun 24, 2010

The Police have been witnesses to numerous assaults ect by FPI but do nothing. They must have watched these videos 100 times to come to such a conclusion - is it penis envy?

OK police, altogether now- change hands

Salimharko
2:02pm Jun 24, 2010

Indonesia has clearly entered the era of competitive politics, the result of organic growth in new democracies. Where small unknown rag and bone parties simmering in the sidelines, wait to whip up and articulate even with violence, any issue - private, moral, religious - into attention grabbing protests on the main streets. The danger is when they perceive the power of using the common thread - religion - as a vehicle to destabilize the system or country, then it becomes a difficult proposition for all. The next stage after competitive politics, is the creation of political vote banks. Where regional parties / groups will rake up divisive issues based on language, culture or regional ethnicity, to create regional vote banks with which they can broker and share power. So, now we have the competitive politics stage. And later when we enter the vote bank stage, then the real concern starts. SBY and his government and also the other main political parties should show leadership here and prevent these divisive politics from taking hold. Or else we will soon see, Javanese, Madurese, Sundanese, Batak etc ethnic based regional parties sprouting up and creating vote banks. All of whom will use the same disruptive divisive route to gain political advantage and regional domination. It is a long haul of instability after that.

peterR
1:30pm Jun 24, 2010

“We conducted what we call anatomical, anthropological and [dental] forensics to back up our case,” he said.

“What we did was compare these three people with the people in the videos.”

Classic, just classic.

It is just all too much. You just couldn't invent it.

I have to ask, is there a minimum educational requirement for people entering the Indonesian police force? Or is it that the police inter-breed too much?

There is no embarrassment, its just amazing.

faisal6683
1:16pm Jun 24, 2010

both of those celebrities has had enough moral sanction from the society. it's not fair if just because of these, they were charged under anti porn law..

they aren't producer nor distributor. they just a victim..they made the video just for personal purpose

marko1
12:34pm Jun 24, 2010

until the police arrest the FPI which break every single law in Indonesia then ok arrest Luna... but if they ignore the FPI then shut up!


With legal experts questioning the grounds for any prosecution, police said on Wednesday that the two women seen in sex videos with singer Nazril “Ariel” Irham would soon be named suspects and arrested, pending the results of physical examinations.

“We’re sure we can charge Luna [Maya] and Cut Tari soon,” National Police chief of detectives Comr. Gen. Ito Sumardi said.

“There has to be an article we can charge them with. If you have sex outside of marriage and the public finds out, then you should be punished, right?” he said. “It’s only logical.”

Ito said that even if the celebrities had not intended for the videos to be made public, “the fact is the videos were widely distributed. It’s not magic. We suspect Ariel showed them to several friends to brag.”

Police say three widely circulated sex videos feature Ariel, his actress-girlfriend Luna and TV host Cut Tari.

The case has quickly become a battle of outraged moral guardians against the wide-open world of the Internet and permissive modern morality.

Legal experts, however, said grounds for prosecuting Ariel, who was arrested on Tuesday, were suspect.

Ariel, the frontman for the band Peterpan, is the first celebrity caught up in the controversial 2008 Anti-Pornography Law, with police charging him under Article 4, Paragraph 1, which bans the production, distribution and trade of pornographic materials.

“He cannot be charged under the anti-porn law because the supplementary explanation of the very same law clearly excludes production for personal and private possession,” said Eddy Hiariej, a law lecturer at Gadjah Mada University in Yogyakarta.

Senior detective Brig. Gen. Saut Usman Nasution has argued that the exemption does not apply to a non-spousal sexual relationship, but Eddy said: “That argument is groundless, because the law doesn’t specify that only married people can document their sexual relationship for personal use. It appears to me that the case is more about moral issues.

“Because the scandal came to the attention of the whole nation, and also the international media, police think they must do something,” Eddy said.

Police have also charged Ariel under Article 282 of the Criminal Code that bans the distribution of pornographic materials.

“But so far it has not been proved that Ariel distributed the videos in the first place,” said University of Indonesia criminal law expert Adrianus Meliala.

“Under this article, the first person who uploaded the videos to the Internet is the best suspect. While police still cannot find that person, the best they can do against Ariel is to charge him with criminal negligence.”

Moral condemnation continued, with conservatives clearly wanting the celebrities to pay for their presumed sins.

“Police must apply cumulative charges to allow for the harsh punishment of perpetrators in a case of immorality,” said Asrorun Niam Sholeh, a professor at Syarif Hidayatullah State Islamic University in South Jakarta. Ariel “has contributed to the moral degradation of the nation.”

Brig. Gen. Musaddeq Ishaq, head of the National Police’s medical unit, said police had performed “scientific crime identification” to confirm whether the three people in the videos were indeed the accused celebrities.

“We conducted what we call anatomical, anthropological and [dental] forensics to back up our case,” he said. “What we did was compare these three people with the people in the videos.”

He declined to say what the results were.