This website, and it's content, is NOT subject to Indonesian law, jurisdiction nor governmental purview. Articles are written and posted from the United States, and this website server is also located in the United States. The First Amendment to the United States Constitution (Freedom of Speech and Press) rules and governs this site. Just because the subject matter content covers Indonesia does not mean that Indonesian government or authorities have ANY jurisdiction whatsoever over this site and its content.
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With regard to Freedom of Speech and of the Press in Indonesia, however; Indonesia also has legal protections for freedom of the press.
- Article 4 of the 1999 Press Act states: “Freedom of the press is guaranteed as a basic right of the citizens … Toward the national press, there shall be no censorship, banning or broadcasting prohibition.”
- Article 18 of the Press Act provides a prison sentence of up to two years or a maximum fine of Rp 500 million for anyone who impedes journalists seeking and disseminating information.
- Memorandum of Understanding (MoU) between the Indonesian Press Council and the National Police signed Feb. 9, 2011. Under this MoU, the police should pursue cases involving news reporting by applying the Press Act from the outset. There are consequences, ramifications, culpability, and civil liability for noncompliance with Article 18 of the Press Act.
As far as International Conventions and Treaties, Indonesian is a signatory country on the United Nations International Convention on Civil & Political Rights (ICCPR). The ICCPR states that “the right to freedom of expression shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”
Such freedom carries duties and responsibilities. In exercising this right, every individual is subject to restrictions: (a) to respect of the rights or reputations of others; and (b) for the protection of national security or of public order, or of public health or morals.
With regard to Religious Freedom, the ICCPR committee states that “prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant, except in the specific circumstances as envisaged in article 20 (2).” Article 20 sets out two parameters: First, propaganda for war is prohibited; and second, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited.
The Committee makes it clear that any laws which discriminate in favor of (or against) certain religions or belief systems are impermissible. Furthermore it is not permissible to prevent or punish criticism of religious leaders, or commentary on religious doctrine and tenets of faith.
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Notwithstanding such [supposed] legal protections in Indonesian governing free speech and freedom of the press, many journalist have been severely beaten or killed for material they either published or were attempting to publish. Certain books are banned in Indonesia, and one can also be arrested for "blasphemy".
The latest incidents in May 2012 involving the dispersal of a discussion of a female Canadian author's international book that promotes critical thinking about Islam, as well as the cancelling of a performance in Jakarta by pop artist Lady Gaga are clearly demonstrative of the lack of social freedoms being upheld in Indonesia; a country which claims to be "democratic". As one recent article so poignantly states and is entitled, "Lady Gaga's Belly Button in the Least of Indonesia's Worries".
In a hypocritical and ironic twist, the notorious hardline militant group, The Islam Defenders Front (FPI) and other "conservative" Muslims care more about Lady Gaga than the country's own worse, overtly sexually provocative, pornographic, lewd and lascivious "dangdut" performers. It's not ok for Lady Gaga, but the country's own Julia Perez can strut her stuff with her very large boobs nearly hanging out, and singing about, "Jupe Loves 69". Where's the objective and uniform application of "social standards" here ??!!
If Indonesia cannot deal with "social standards", norms or morals in a fair, uniform and objective manner; how do you think they handle freedom of press or other legal and administrative matters? It should come as no surprise that Indonesia ranks as one of the most corrupt countries in the world. A report by Transparency International ranks Indonesia in 100th place out of 183 countries with a corruption index score of 3; where 0 means that a country is perceived as highly corrupt and 10 means that a country is perceived as very clean.
As an article in the Jakarta Post regarding the notorious hardline militant group The Islam Defenders Front (FPI) curbing freedom of expression in Indonesia's public sphere with "terrorist" tactics is another such manifestation of Indonesia's corruption. The article states,
"The forcible dispersal of public discourse, backed by the police, provides disincentives for people to participate in any discussions in public spheres, which are supposed to gather ideas and contest them by use of common sense, in the absence of narrow interests and intervention by other parties. Following the event, public discourses that scrutinize dogmatic Islamic values are unlikely to occur as people are worried about intimidation by the radical groups."
In yet another violent incident involving beleaguered Christians in Indonesia, the FPI was once again implicated in this headline story, "Indonesian Islamist mob hurls bags of urine at Christians"
For a report on the most (and least - Indonesia) tolerant countries in the word, please see this article below:
http://brianindonesiaexpat.blogspot.com/2012/05/indonesia-most-intollerant-country-in.html
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