Nia Dinata, an art practitioner, a film director, expresses view on draft law on broadcasting during a public discussion organised by Lesstalk_Sexualities on Saturday (15/6), and explains her roles from the perspective of film industry. As a producer, she not only works with fiction but also documentary films. Nia says that docuymentary work is factual not fictional, with most time spent on investigation. She appreciates the supports and the intersection from the press and documentation.
On the issue of gender, LGBT and children, she believes that the film opens up perspective that gender varies and that there are many inequalities experienced by women. This is clearly narrated in film by Ca Bau Kan. There is a scene of a women being raped, and Nia is then summoned by the sensorship authority who tells her to cut the scene. She then invites the sensorship authority to see the film, to discuss and to make conclusion, “I cut nothing.”
Her film “Arisan” also expresses diversity in sexuality. Nia says that in 2016 a film of hers entitled “Tiga Dara” or Three Girls targeting 13-year old audience does not pass the censorship authority. She met the chief of the censhorsip authority, who asked her to make few cuts, which made her so disappointed.
Nia then finds expression in Netflic and other platforms. There is no censorship except internally. They are very democratic. She is suprised that horror movies do not get the same kind of censorship. She asks what is happening with censorship in Indonesia. She is then happy to engage in Overlay Transport Virtualization (OTV) digital platform.
Dede Oetomo, activist for gender and sexual diversity GAYa NUSANTARA talks about his viws on the draft broadcasting law during discussion organised by Letsstalk_Sexualities, Saturday (15/6). He specifically points out the rights to expression and to learn as fundamental human rights. In general, he sees the draft as a sign of regress in democracy. Indonesia is a member of WHO, yet there are many instances where doctors conduct “operations" to presumably “fix the genitals” which results in depression and suicide when the person becomes an adult.
Bugis culture recognised five genders, which prompts the term “transpuan” says Musdah Mulia, while the New Order government only recognised the term “waria”.
Dede Oetomo worries about the negative impacts of the broadcasting draft law revision to LGBTs. He says that when we talk about humans, and the word censor appear, then we think of the most vulnerable people. In other words, the people who prepare the draft law are anti-Pancasila. And he is not going to just stay silent, and says “silence is not going to protect us.” He is sure that the draft law will potentially lead to the murders of people who are diverse in terms of gender and sexuality. We, Indonesians, should be ashamed when people overseas talk about gender diversity, because they are way much more advanced in their thinking. Dede then questions whether we could start a class-action because the politicians and the religious leaders are putting us in shame.
As professor at the Cultural Studies at the Indonesian University, Melani Budianta expresses her concerns over the narrowing of space for free expression. If gender diversity – re. minority sexual groups - is already becoming so vulnerable, then that could happen to literature and theatre.
Melani thinks that this is a regress in humanity- a regress in how we understand humans or a regress in openness. She says that Indonesia may lose Didi Nini Thowok. She maintains that a task of cultural practitioners and poets is to think critically - not just say yes, but to express their voice.
Even investigative journalism is not allowed. Then what would become of this nation if people are not allowed to think critically. If the draft law is passed, then would would become of the Indonesian citizens?
She says that her task as a lecturer is to encourage her students to think critically of themselves.
When looking at the draft broadcasting law from the perspective of Gusdurian, Aan Anshori, a lecturer and Gusdurian activist suggests that we must forgive the State. That is how he opens the discussion, "Do not be too hard on the State," says Aan.
Then he looks at it from the perspective of Islam. He believes that Islan is the guardian of reason. The guardian of reason, in Islam, means Islam maintain the logical frame that the draft law must be rejected because it infringes on human rights, and on syariah. For him, Syariah is there to break the human logic.
Aan adds that if Indonesian children are not allowed to learn about gender, then they will not be sane. The draft law is extremely dangerous, therefore it should be rejected. If the law is subservient to the biggest ideology, then it would be dependent on the executive and the legislative – in other words, to the biggest investors. Hence, if Indonesia wants to be consistent with Pancasila, this draft law has to be reviewed. The draft law embodies the fears of those who have done wrong. If investigative journalism is not allowed, then what happens to the religious school in Jombang when it was exposed by investigative journalism a year ago. If the draft law is allowed to proceed, Aan suspects that it would weaken the authority of the Indonesian Broadcasting Commission and the Pers Council.
The danger is that protection for women would be way out of reach.
Draft Law in the Human Rights Perspective
Anis Hidayah, the National Human Rights Commissioner zeroes in on the draft droadcasting law by stating that the National Human Rights Commission conducts a survey in 2020 that shows 36.2% of Indonesians are not free or secure. Then, Indonesia does not have the Omnibus Law and Law on Anti-Graft Commission. He could imagine what happens if these draft law becomes law - then Indonesian people would be regressing and not feeling any freedom, when the rights to expression and freedom are key human rights.
The National Human Rights Commission issues standard norm which includes twelve rights – one of which is rights to expression. These twelve rights are fundamental rights. The draft law constitutes not only a threat to the pers but also to the rights of the Indonesian citizens. This is particularly critical in the context of public information rights in Indonesia which the Pers plays central role. If journalists do not conduct investigation, then there would not be credible and valid news in Indonesia.
The National Human Rights Commission conducts a review and asks for the views of the nine commissioner that the draft law is very dangerous when it comes to the fundamental rights. Article 50 (3) says that there would be administrative sanctions with regards to investigation(s) that should not be broadcast, and resource people that are banned from appearing again, which should have been the realm of the Pers Council
"Again, we are in a dangerous territory. Let us make sure that this draft law would not become law in this country," says Anis.
Like Anis, Andy Yentriyani talks about the existing law such as the criminal law. Would this harm certain groups? And with regards to phobia to certain gender and sexuality minorities that people may consider as value transgression of courtesy and appropriateness. The drafters do not talk more openly about the respect that should be given to the humanr rights of these groups.
Article 10 says that before this regulation is in place, there is a requirement that members of the Indonesian Broadcasting Commission has to fulfil – the word “unblemished” – what does it actually mean. “Unblemished” in whose eyes? And in what moral codes does that fall under? Then there is the additional requirement that a person should not have any deviation and sexual attitudes. This reflects extraordinary phobia. If true, then this is the first State regulation that discriminates against sexual diversity.
Andy says that if, by definition, deviation means a sexual orientation towards the same sex, then what if a married person has different sexual orientation?
The last thing that Andy wants to express is about women’s leadership as is evidenced by the abolition of violence. The draft law highlights women’s achievements . Andy closes his dialogue by emphasising that at this moment, the Indonesian Women Rights Commission is drafting their inputs for the Parliament.
