Pornography Act (Indonesia)

The Pornography Act (), officially Act No. 44 of 2008 on Pornography (), is a law in Indonesia that regulates the production, distribution, and use of pornographic material. It is one of the most debated pieces of legislation in the country's post-Reform era legal landscape.

It was first tabled on 14 February 2006 as the Anti-Pornography and Pornoaction Bill ( or RUU APP) by the Prosperous Justice Party (PKS), supported by other Islamic-oriented parties, groups, and conservative legislators. The bill was passed on 30 October 2008 by the House of Representatives (DPR), and was signed into law on 26 November 2008 by President Susilo Bambang Yudhoyono. It defines pornography broadly to include visual, written, and audio content deemed obscene or sexually explicit. It prohibits activities such as producing, distributing, or publicly displaying pornographic material, with heavier penalties for involving children. Its passage sparked widespread public debate, with critics warning that the law threatens freedom of expression, women's rights, and Indonesia's cultural diversity, while supporters framed it as a measure to uphold public morality and protect children. Despite multiple constitutional challenges, the law remains in force and continues to influence debates over morality, pluralism, and legal regulation in Indonesia.

Background Following the fall of President Suharto in 1998, Indonesia experienced a new era of greater press freedom and more open political debate. This liberalization coincided with increased availability of sexually explicit material, including inexpensive video compact discs, tabloid publications,: "...the new liberalism has also seen a proliferation of sex videos, magazines and tabloids widely available to anyone who can afford them..." and late-night television programming. In 2001, the Indonesian Ulema Council (, or MUI), issued a fatwa against what it referred to as "" (literally meaning "pornoaction" or pornographic acts).: "...what was seen as the wider problem of pornoaksi, a concept which had first been introduced to the world in a fatwa issued by the Indonesian Ulema Council (MUI) in 2001." Public controversies, such as the performances of dangdut singer Inul Daratista and the launch of a local edition of Playboy magazine in 2006, were cited by supporters as evidence of declining morality.: "the first issue of an Indonesian edition—albeit seminude—of Playboy magazine is scheduled to be published on April 7. All this has sparked a backlash from Indonesians..."

Before the enactment of the law, Indonesia lacked a single comprehensive statute specifically regulating pornography.: "Sebelum adanya UU Nomor 44 Tahun 2008 tentang Pornografi, belum ada peraturan perundang-undangan yang mengatur persoalan pornografi secara khusus." Translation: Before Act No. 44 of 2008 on Pornography, there were no laws that specifically dealt with the issue. Instead, provisions concerning morality and obscenity were dispersed across various sectoral laws. The Indonesian Penal Code (KUHP), for instance, prohibits the distribution or public display of writings, images, or objects deemed contrary to decency under Articles 281–283,: "Permasalahan pornografi telah diatur di dalam KUHP buku kedua tentang kejahatan kesusilaan bab XIV (pada Pasal 281-303 KUHP)." Translation: Pornography issues are covered in the Penal Code, Book II, Chapter XIV on moral crimes (Articles 281–303). although these provisions were often considered inadequately enforced.: "...the Criminal Code contains articles, which could be used to charge pornography, but which were not being properly enforced..." Likewise, the 2002 Broadcasting Act prohibits the broadcasting of content depicting obscenity, violence, gambling, or narcotics abuse and prescribes criminal sanctions for violations.: "Selanjutnya, persoalan pornografi juga telah diatur dalam UU No. 32 Tahun 2002 tentang Penyiaran, pada Pasal 36 ayat (5) poin b dan Pasal 48 ayat (4)." Translation: The Broadcasting Act of 2002 also includes provisions on pornography in Articles 36(5)(b) and 48(4).

Legislative history Political developments Efforts to formulate legislation specifically concerning pornography in Indonesia date back to the late 1990s,: "The bill was in fact drawn up and subsequently shelved in the 1990s." during the successive administrations that followed the fall of Suharto's New Order regime.: "...from an earlier draft prepared by the Ministry of Religious Affairs in the last years of the New Order..." The Ministry of Women's Empowerment initiated a draft under President B. J. Habibie, while the Ministry of Religious Affairs pursued similar efforts during the presidency of Abdurrahman Wahid,: "During the Habibie administration (1998-99), the Ministry of Women's Empowerment had taken steps to draft a regulation on pornography. Similar moves were initiated by the Ministry of Religion under the Wahid administration (October 1999-July 2001).": "...during the Habibie and Wahid regimes drafts of the bill apparently came from the Ministry of Women's Empowerment." partly influenced by lobbying from MUI.: "...as a result of pressure from MUI..." Former Minister of Women's Empowerment during the New Order, , also prepared a draft. Around the same time, staff at the University of Indonesia's Faculty of Law produced their own version of the bill, which circulated informally and reached DPR Commission VII, responsible for religion and women's affairs.: "...was drafted independently by staff of the Faculty of Law at the University of Indonesia. It was this bill that appears to have found its way to DPR Commission VII..." Alongside the draft from the Ministry of Religious Affairs, it served as a reference for legislators when shaping the first parliamentary version of the bill.

In the years following the regime's demise, the MUI refined the draft and urged its adoption by the DPR.: "Following Soeharto's demise, MUI refined this draft and called for its promulgation..." On 23 June 2005, the leadership of Commission VIII of the DPR, chaired by Hanief Ismail from the National Awakening Party (F-PKB) caucus, sent a letter to the DPR leadership proposing a draft titled Anti-Pornography and Pornoaction Bill.: "Pengusulan RUU ini dimulai ketika Pimpinan Komisi VIII DPR RI (Ketua Komisi VIII DPR RI adalah KH. Hanief Ismail, Lc dari FKB) mengirimkan surat kepada Pimpinan DPR RI..." Translation: This bill was initiated after Commission VIII's chair, Hanief Ismail, (FKB), sent a letter to the DPR leadership... Coined by conservative lawmakers in the DPR, "pornoaction" denotes behavior viewed as pornographic or indecent.: "...any other acts considered pornoaksi, an ill-defined term coined by conservative lawmakers to mean "pornographic acts"." The letter outlined three main reasons for the proposal: the increasing spread of pornography through advances in communication technology; the right of Indonesia's religious society to protect moral values and participate in preventing immoral acts; and the need for legal certainty based on religious and cultural norms to regulate the production and dissemination of pornographic material.: "Di dalam surat tersebut juga disampaikan tiga argumentasi berkaitan dengan pengajuan RUU ini..." Translation: Three justifications for the bill's submission were included in the letter...

The proposal received a positive response. In a plenary session on 27 September 2005, the DPR approved the formation of a Special Committee (, or the ) chaired by Balkan Kaplale from the Democratic Party (F-Demokrat) caucus, with from the Prosperous Justice Party (F-PKS) caucus as its deputy chair.: "It was chaired by Balkan Kaplale...; its deputy chair was Yoyoh Yusroh..." It consisted of 50 members from nine parliamentary caucuses, including Golkar, Indonesian Democratic Party of Struggle (PDI-P), United Development Party PPP), Democratic Party, National Mandate Party (PAN), the National Awakening Party (PKB), Prosperous Justice Party (PKS), the Regional Unity caucus (F-PD), and the Reform Star Party (PBR). The bill subsequently became the subject of widespread public discussion during 2005–2006.

Between October 2005 and July 2007, the held a series of meetings and public hearings (, RDPU) to gather input from various groups. Hearings were held in several provinces, including South Kalimantan, South Sulawesi, North Maluku, Jakarta, Bali, North Sulawesi, and the Special Region of Yogyakarta. Participants included religious organizations, artists, legal experts, educators, and youth organizations. One of the earliest hearings, held on 18 January 2006, brought together representatives from the Forum Umat Islam (FUI), the Persatuan Artis Musik Melayu Indonesia (PAMMI) led by Rhoma Irama, and artists such as Inul Daratista, , and Titiek Puspa. Subsequent hearings on 25 and 26 January 2006 involved scholars and experts including , Naek L. Tobing, and , as well as student and youth organizations such as Union of Catholic University Students of the Republic of Indonesia (PMKRI), Indonesian National Student Movement (GMNI), Muslim Students' Association (HMI), Indonesian Christian Student Movement (GMKI), Indonesian Youth National Committee (KNPI), and Indonesian Islamic Student Movement (PMII). In February 2006, the PKS, supported by several other parties, presented the proposal as a way to uphold Islamic moral standards, contending that pornography was incompatible with Eastern cultural values () and that the law would protect younger generations from moral decline.

After completing a series of deliberations, the held a plenary meeting on 18 July 2007 that approved the draft as a House-initiated bill. During this stage, the title was changed from Anti-Pornography and Pornoaction Bill to Pornography Bill. On the same day, the submitted the draft and its academic paper to the DPR leadership for forwarding to the President and the Regional Representative Council (DPD), in accordance with Article 22D(2) of the 1945 Constitution. The DPR then transmitted the bill to the President through a letter dated 24 August 2007 (No. RU.02/6632/DPR-RI/2007), requesting joint deliberation. The President replied on 20 September 2007 (Letter No. R-54/Pres/09/2007), appointing the Minister of Religious Affairs, the Minister of Communication and Information, and the Minister of Law and Human Rights as government representatives. A subsequent letter from the Minister of State Secretariat on 8 October 2007 (No. B-552/M.Sesneg/D-4/10/2007) added the Minister of State for Women's Empowerment to the delegation.

Parliamentary deliberations During the first-level deliberation, the F-PDIP and F-PDS opposed the bill, arguing that it was divisive and procedurally flawed. They noted that the government and the had failed to consult regional leaders and disseminate the revised draft as required. Both factions ultimately walked out of the plenary session in protest. Eight other caucuses (the F-PG, F-PP, F-PD, F-PAN, F-PKB, F-BPD, F-PBR, and F-PKS) supported ratification.

Supporters argued that pornography had become widespread and harmful to social morals, and that the bill had strong legal foundations under the principles of , meaning it would complement and supersede earlier laws such as the Penal Code and the Broadcasting Act. Opponents objected to several controversial articles, particularly those defining "pornoaction" and granting the public broad authority to monitor and prevent pornography, which they feared could lead to vigilantism and horizontal conflict. They also criticized Article 4 for containing explicit descriptions of sexual acts and for classifying homosexuality as "deviant," contrary to positions held by the Ministry of Health and the World Health Organization (WHO).